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HomeMy WebLinkAbout82-098REL:adg 4/19/82 RESOLUTION NO. 82-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS WHEREAS Government Code sections 65864-65869.5 authorizes cities and counties to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and authorizes the City Council to establish procedures for consideration of applications for such agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Procedures and Requirements for the Consideration of Development Agreements as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are hereby adopted. 2. The Director of Planning and Development Services is authorized to prepare and adopt such application forms and other documents as he considers necessary to implement the said Procedures and Requirements for Consideration of Development Agreements. ADOPTED THIS 6th day of July , 1982. ATTEST: ~ordon ~ ~ice C. Guy, Cle/k o~e Council COUNC I LMEMBERS: Br icken Absent Luxembourger Acosta Serrato Griset Markel McGuigan -A~ Approved as to Form: Edward J.>C~o~ r~,~.OCity Attorney REL:adg 4/21/82 PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS Table of Articles Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Applications Notices and Hearing Standards of Review, Findings and Decision Amendment and Cancellation of Agreement by Mutual Consent Recordation Periodic Reivew Modification or Termination ARTICLE 1. APPLICATIONS Section 101. Authority for adoption. These regulations are adopted under the authority of Government Cod ~ 65864-65869.5. Section 102. Forms and information. (a) The Director of Planning and Development Services (hereinafter "Planning Director") shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. (b) The Planning Director may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application. Section 103. Fees. The City Council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under regulations. changes form. Section 104. Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director may require an applicant to submit proof of his interest in the real property'and of the authority of the agent to act for the applicant. Section 105. Proposed form of a~reement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for in or additions to the language of the standard · Section 106.. Review of application. The Planning Director shall endorse on the application the date it is received. H~:shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the general plan and any applicable specific plan. Section 107. Redevelopment Agency Applications. Notwithstanding anything to the contrary in this Article, the Executive Director of the Community Redevelopment Agency of the City of Santa Ana may file an application on behalf of any party with whom the said Agency has contracted or proposes to contract for any redevelopment activity implementing a Redevelopment Plan of the City, or may endorse an application by any such party, in which event no fees shall be charged and Section 104 shall not apply. ARTICLE 2. NOTICES AND HEARING. Section 201. Duty to give notice. The Planning Director shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules. Section 202. Requirements for form and time of notice of intention to consider adoption of development agreement. (a) Form of notice. The form of the notice of intention to consider adoption of development agreement shall contain: (1) the time and place of the hearing; (2) a general explanation of the matter to be considered including a general description of the area affected; and (3) other information required by specific provision of these regulations or which the Planning Director considers necessary or desirable. (b) Time and manner of notice. giving notice is by: (1) (2) The time and manner of Publication or posting. Publication at least once in a newspaper of general circulation, published and circulated in the City. Mailing.. Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,.~00, the Planning Director may as an alternative provide notice in the manner set forth in ~65854.5(b) of the Government Code. (c) Additional notice. The Planning Commission or City Council, as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements prescribed by state law. (d) Declaration of existing law. The notice requirements referred to in subsections (a) and (b) are declaratory of existing law (Govt. Code S65867 and S~65854, 65854.5 and 65856 as incorporated by reference). If state law prescribes a different notice requirement, notice shall be given in that manner. Section 203. Failure to receive notice. The failure of any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a development agreement. Section 204. Rules governing conduct of hearing. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards set forth in SAMC sections 41-664 through 41-667 for the conduct of change of district hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. Section 205. Irregularity in proceedings. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of proceudre whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicial or that injury was done if error is shown. ARTICLE 3. STANDARDS OF REVIEW, FINDINGS AND DECISION Section 301. Determination by Planning Commission. After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination whether or not the development agreement proposed: (1) is consistent with the objectives, policies, general land uses and programs specif%~d in the general plan and any applicable specific plan; (2) is 'c~mpatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) Is in conformity with public convenience, general welfare and good land use practice, (4) will be detrimental to the health, safety and general welfare, (5) will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation. Section 302. Decision by City Council. (a) After the City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council. (b) The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and, if there is any specific plan which is applicable to the subject site, with such specific plan. Section 303. Approval of development a~reement. If the City Council approves the development agreement, it shall do so by the adoption of an uncodified ordinance approving the ~evelopment agreement and authorizing its execution by the Mayor upon the effective date of the ordinance. ARTICLE 4. AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT Section 401. Initiation of amendment or cancellation. Either Party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. Section 402. Procedure. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (Articles 1 through 3). However, where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least thirty (30) days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 202. ARTICLE 5~ RECORDATION. Section 501. Recordation of development agreement, amendment or ~ . cancellation· (a) within ten (10) days after the development agreement has been executed by both parties, the Clerk of the Council shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code S 65868, or if the City terminates or modifies the agreement as provided in Government Code S6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the Clerk of the Council shall have notice of such action recorded with the County Recorder. ARTICLE 6. PERIODIC REVIEW Section 601. Time for End initiation of review. The City shall review the development agreement at least once every 12 month period following the date the agreement is entered into. Section Planning Director 602. Notice of periodic review. The shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the other party to agreement. He shall give the notice at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission. 603. Staff report. Prior to the time set for hearing, the Planning Director shall prepare and submit to the Planning Commission a staff report and recommendations. Section 604. Public hearing. The Planning Commission shall conduct a public hearing at which the other party to the agreement must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property o~ner. Section 605. Findings upon public hearing. .The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. Section 606. Procedure upon findings. (a) If,the Planning Commission finds and determines on the basis~of substantial evidence that the other party to the development agreement has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. (b) If the Planning Commission finds and determines on the basis of substantial evidence that the other party to the development agreement ha not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may recommend to the City Council that the agreement be modified or terminated. ARTICLE 7.' MODIFICATION OR TERMINATION Section 701. Proceedings upon modification or termination. If, u~on a finding by the Planning Commission under Section 606(b), th~ City Council determines to proceed with modification or termination of the agreement, the City 10. Council shall direct the Clerk of the Council to give notice to the other party to the agreement of its intention so to do. The notice shall contain: (1) the time and (2) A statement proposes to place of the hearing; that the City Council terminate or to modify the development agreement; (3) Other information which the City Council considers necessary to inform the other party to the agreement of the nature of the proceeding. Section 702. Hearing on modification or termination. At the time and place set for the hearing on modification or termination, the other party to the agreement shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final. 11.