Resolution 2002-61
RESOLUTION NO. 2002 - 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ESTABLISHING PROCEDURES AND SETTING
FEES FOR THE PROCESSING OF DEVELOPMENT
AGREEMENTS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTIONS 65864-65869.5
WHEREAS, the California Government Code sec1ions 65864 through 65869.5 authorize
cities to enter into binding development agreements for the development of real property; and
WHEREAS, the City Council adopted Resolution No. 83-67 on September 6, 1983,
setting forth the procedures and associated fees for processing development agreements pursuant
to Government Code section 65865; and
WHEREAS, there has been a change in the law regarding advisory agency review of a
development agreement since the adoption of that resolution, and the City also wishes to update
the fees provision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY RESOLVE that the following procedures and fees shall apply to the City's processing
of "65864 Development Agreements" filed pursuant to Section 65865 e1 seq. of the Government
Code:
Section 1:
APPLICATION.
Any person having a legal or equitable interest in real property for the development of
such property may apply to the Ci1y of Gilroy for a "65864 Development Agreement" pursuant
to Section 65865 of the Government Code.
Section 2:
FILING FEE.
To recover City costs incurred in the administration, processing, negotiation and review
of 65864 Development Agreements, an initial deposit shall be paid to the City of Gilroy prior to,
or concurrent with, each application for a 65864 Development Agreement in 1he amount of
$2,000.00. All City-incurred costs shall be charged to the applicant, including but not limited to
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Resolution No. 2002-61
publishing and noticing costs, copying, and the like. Staff and consultant fees and attorney fees
incurred in the processing shall be charged to the applicant at the established hourly rates. Said
rates and the amount of the initial deposit are set and amended from time to time by City Council
resolution.
Section 3:
PUBLIC HEARINGS REOUIRED.
Prior to the City's approval of any 65864 Development Agreement, said Agreement shall
first be the subject of public hearings held by the Planning Commission and by the City Council,
wi1h notice of inten1ion to consider adoption of such an agreement given pursuant to the public
hearing procedures set forth in Government Code section 65867.
Sec1ion 4.
APPROVED BY ORDINANCE.
All approved 65864 Development Agreements shall be by ordinance of the City Council,
and as such, shall be subject 10 referendum. A development agreement shall not be approved
unless the Council finds that the provisions of the agreemen1 are consistent with the general plan
and any applicable specific plan.
Section 5.
CONFORMITY WITH GOVERNMENT CODE.
This Resolution is not intended to supersede or in any way conflict with the provisions of
Government Code sections 65864 et seq. It is specifically intended that those provisions shall
govern all matters relating to the content and enforceability of Development Agreements.
Section 6.
AMENDMENT OR CANCELLATION.
Following public hearings pursuant to Section 3 above, a 65864 Development Agreement
may be amended, or cancelled in whole or in part, by mutual consent of the parties to the
Agreement or their successors in interest.
Sec1ion 7.
RECORDATION.
No later than 10 days after the City enters into a 65864 Development Agreement, the City
Clerk shall record with the County Recorder a copy of the Agreement, which shall describe the
land subject thereto. From and after the time of such recordation, the Agreement shall impart
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Resolution No. 2002-61
such notice thereof to all persons as is afforded by 1he recording laws of California. The burdens
of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all
successors in interest to the parties to the Agreement.
Section 8. REPEAL OF RESOLUTION
City Council Resolution No. 83-67 is hereby repealed.
PASSED AND ADOPTED this 5th day of August, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NONE
VELASCO
NOES:
ABSENT:
COUCILMEMBERS:
COUNCILMEMBERS:
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APPROVED:
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Thomas W. Springer, M
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Resolution No. 2002-61
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2002-61 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 5th day of August, 2002, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of September, 2002.
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City C erk ofthe~City of Gilroy
(Seal)