Loading...
HomeMy WebLinkAbout012-86BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of. Establishing Procedures and ) Requirements for the Consideration ) of Development Agreements Under ) Government Code Sections 65864- ) 65869.5 ) ) RESOLUTION NO. 1~86 Government Code Sections 65864-65869.5 authorizes a city to enter into a development agreement with persons having an interest in real property for the development of the property and authorize the city to establish pro- cedures for consideration of applications for such agree- ments; and A set of procedures and requirements for consideration of development agreements has been proposed and considered by the Planning Commission. The Planning Commission has recommended that the City Council adopt such regulations; and On February 20 , 1986, the City Council considered the proposed regulations. NOW THEREFORE the City Council of the City of Danville finds, determines and orders as follows: 1. The "Regulations Establishing Procedures and Requirements for Consideration of Development Agreements" as set forth in Exhibit A attached to this resolution and made a part by this reference are adopted. 2. The Director of Development Services is instructed to prepare and adopt such application forms, checklists and such other documents as he considers necessary to imple- ment the procedures and requirements. Passed and adopted at a meeting of the City Council of the City of Danville at a meeting held on February 20 , 19~, by the following vote: AYES: I<ennett, Lane, McNeely, Offenhartz, Schlendorf None NOES: ABSENT: None ATTEST: None Mayor "'; City Clerk RRGULATIONS ESTABLISHING PROCEDURES AND RI~UIREIENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS Articles: 1. Applications 2. Notices and Rearings 3. Standards of Review, Findings and Decision 4. Amendment and Cancellation of Agreement by Mutual Consent 5. Recordation 6. Periodic Review 7. Modification or Termination Section 101. Section 102. Section 103. Section 104. Section 105. Section 106. Article 1 APPLICATIONS Authority for Adoption. Forms and Information Fees. Qualification as an Applicant. Proposed Form of Agreement. Review of Application. Section 101. Authority for adoption. These regulations are adopted under the authority of Government Code sections 65864-65869.5. Section 102. Forms and information. (a) The 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 Plan- ning 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 these regulations. Section 104. Qualification as an applicant. Only a qualified applicant may file an application to enter into EI'glBIT A TO RESOLUTION NO. 1 a development agreement. A qualified applicant is a person who h u~esal or equitable interest in the real property which a~~":subJ~gt 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. Before processing the application, the Planning Director shall obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. Section 105. Promosed fom of agreement. Each application shall be accompanied by the form of developmen~ agreement proposed by the applicant. This requirement may be met · by designating the city's standard form of development agreement and including specific proposals fo~ changes in or additions to the language of the standard form. Section 106. Review of application. The Planning Director shall endorse on the application the date it is received. He 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. Article 2 NOTICES AND HEARINGS Section 201. Section 202. Notice of Intention. Rules governing conduct of hearing. Section 201. Notice of Intention (a) l~tv to ~ive notice. The Planning Director shall give notice of intention to consider adoption of a develop- ment agreement at least 10 days before the public hearing. (b) Form of notice. The form of 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 pro- vision of these regulations or which the Planning Director considers necessary or desirable. (c) Hanner of notice. Notice of the intention to consider adoption of a development agreement shall be given as specified in Government Code $65091, including: (1) mailing or delivery to the owner off%he subject property and to the project applicant; (2) mailing or delivery to each public agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; (3) mailing or delivery to owners of real property within 300 feet of the subject real property; and (4) either publishing once in a newspaper of general circulation in the city or posting in three public places in the city, including one public place in the area of the subject property. (d) Failure to receive notice. The failure of any person or entity to receive notice does not affect the authority of the city to enter into a development agreement. Section 202. Rules ~overnin~ conduct of hearing. The public hearing shall be conducted as nearly as possible in accordance with the procedural standards adopted under Government Code $65804 for the conduct of zoning 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. Article 3 STANDARDS OF REVIEN. FINDINGS AND DECISIONS Section 301. Section 302. Section 303. Determination by Planning Commission. Decision by City Council. Approval of Development Agreement. .... ~-. 3 Section 301. Determination bY Planning Commission. After the hearing by the Planning Commission, the Planning Commis- sion shall make its recommendation in writing to the City Council. The recommendation 'shall include the reasons for the recommendation and the Planning Commission's determi- nation whether or not the development agreement proposed: (1) is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; (2) is compatible 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 value. 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 agree- ment are consistent with the general plan and any applicable specific plan. Section 303. Approval of development agreement. If the City Couaoll approves the development agreement, it shall do so by the adoption of an ordinance. The City may enter into the agreement after the ordinance approving the develop- ment agreement takes effect. Article 4 AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT 4 Section 401. Section 402. Initiation of Amendment or Cancellation. Procedure. Section 401. Initiation of Amendment or Cancellation. Oo 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 and 3). However, where the City intiates 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 30 days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 20I. Article 5 RECORDATION Section 501. Recordation of development a~reement. amendment or cancellation. (a) Within ten days after the City enters into the development agreement, the City Clerk shall have the agree- ment 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 section 65868, or if the City terminates or modifies the agreement as provided in Government Code $65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder. Article 6 PERIODIC REVI~ Section 601. Section 602. Section 603. Section 604. Section 605. Section 606. Time For and Initiation of Review Notice of Review. Delegation or Referral to Co-,,isslon or Planning Director. Public Hearing. Findings Upon Public Hearing. Procedure Upon Findings. Planning 5 ?---~ Section 601. Time for and initiation of review. shall ~ the development agreement every from the ~~J~O agreement is entered into. The City 12 months The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways: (1) recommendation of the planning staff; (2) affirmative vote of a majority of the of the Planning Commission or City Council. members Section 602. Notice of review. The Planning Director · . shall begin the review proceeding by giving notice to the property owner that the City intends to undertake a review of the development agreement. He shall give the notice at least 30 days in advance of the time at which the matter will be considered. Section 603. Dele~ation or referral to Planninf C~ission or Plannin~ Director. The City Council may (1) reserve the review of the~ development agreement to itself, (2) delegate the review to the Planning Commission or to the Director for a determination or (3) refer to review to the Planning Commis- sion for a recommendation as to the action be taken. Section 604. Public hearing. The decision-making authority shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of Drool on this issue is upon the property owner. Section 605. Findings upon public hearing. The decision-making authority 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 City finds and determines on the basis of substantial evidence that the property owner 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 City finds and determines on the basis of substantial evidence that the property owner has not 6 f~ complie~ ~~ faith with the terms and conditions of the ~ during the period under review, the City may m~~t~erminate the agreement. (c) The property owner may appeal a determination under paragraph (b) to the City Council in accordance with the City's rules for consideration of appeal. Article 7 MODIFICATION OR TERMINATION Section 701. Section 702. Proceedings Upon Modification Terminat ion. Hearing on Modification or Termination. or Section 701. Proceedings upon modification or termination. If, upon a finding under Section 606(b), the City determines to proceed with modification or termination of the agreement, the City shall give notice to the property owner of its intention so to do. The notice shall contain: (1) the time and place of the hearing; (2) a statement as to whether or not the City proposes to terminate or to modify the development agreement; (S) other information which the City considers necessary to inform the property owner of the nature of the proceeding. Section 702. Hear!n~ on modification or termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an oppor- tunity 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 con- siders necessary to protect the interest of the City. The decision of the City Council is final. 7 · Following a-brief presentation by staff Commissioner Hirsch made the following motion: Approve LUP 85-20 subject to Conditions of approval as amended. AYES: Wright, Hendricks, Hirsch, Vilhauer, Wickline, Greenberg NOES: ABSTENTIONS: CITY OF DANVILLE This is a request for review and recommendation to the City Council concerning adoption of a resolution establishing procedures and requirements for consideration of development agreements. Joe Calabrigo, Chief of Planning presented to the Commission a proposed resolution prepared by the City Attorney setting forth procedures and requirements for consideration of development agreements for their review and recommendation to City Council. Staff outlined the purpose of a development agreement and its application. Following this presentation the Commission had the following questions and comments: Commissioner Wickline asked staff if this agreement would apply to Land Use Permits, Tentative Map, etc. Staff responded that it could be virtually any type of project whose development rights could be guaranteed through this type of agreement. Staff further established that any fee structure chosen could be incorporated into the agreement. Commissioner Wright asked staff for an explanation of the City's ability to cancel the agreement. Staff responded that the City can only cancel the agreement upon mutual consent of the other party with one exception, that exception being non-compliance (i.e. the other party to the agreement has not met one or more of the requirements of the agreement). /w~.. l~ Commissioner Wright made the following motion= Recommend to City Council adoption of resolution establishing procedures and requirements for the consideration of development agreements, and recommend adoption of the proposed resolution to the City Council. Prior to the vote on this item Chair Greenberg commented that she would be voting no because she is philosophically opposed to anything that limits the power of the people and that this agreement circumvents the initiative process and that the people should have the right to exercise this initiative option. AYES: Wright, Hirsch, Vilhauer NOES: Greenberg, Wickline ABSTENTION: Hendricks