HomeMy WebLinkAboutORD 0923 (1984) 1 ORDINANCE NO. 923
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ESTABLISHING PRO-
3 CEDURES AND REQUIREMENTS FOR CONSIDERATION
OF DEVELOPMENT AGREEMENTS
5 The City Council of the City of Tustin, California,
does ordain as follows:
6
Section 1: Chapter 6 is hereby added to Article 9 of
7 the Tustin Municipal Code to read as follows:
8 "CHAPTER 6 - DEVELOPMENT AGREEMENTS
PART 1 APPLICATION~
9
Section 9600.
10
Authori..t__V. an~d S~cope. This Chapter is adopted
11 pursuant to Government Code Section 65864 et seq.
All development agreements entered into after the
12 effective date of this Chapter shall be processed in
accordance with the provisions of this Chapter.
13
Section 9601.
14
Applica_tion Form_~. The Director of Community
15 Development shall prescribe the form of each
application, notice and documents provided for or
16 required under this Chapter for the preparation,
processing and implementation of development
17 agreements. The application shall include as
separate documents, and/or concurrent land use
18 actions and supporting documents by reference, the
following information:
19
1. Duration of the agreement;
20
2. The permitted uses of the property;
21
3. The density or intensity of use of the
22 property;
23 4. The maximum height and size of proposed
buildings;
5. Provisions for reservation of dedication
25 of land for public purposes;
26 6. Fiscal impact statement;
27 7. Phasing and project completion date;
28 8. Consistency with the General Plan and
1
1 any applicable Specific Plan.
2 The Director of Community Development may require an
applicant for a development agreement to submit such
3 information and supporting data as the Director of
Community Development considers necessary to process
4 the application.
5 Section 9602.
6 Fees. The City Council shall establish and from
time to time amend by resolution a schedule of fees
7 imposed for the filing and processing of each
application and document required by this Chapter.
8 The fee may be waived in whole or in part by the
City Council.
9
Section 9603.
10
11 ~ Appli~cant. An application for a
development agreement may only be filed by a person
who has a legal or equitable interest in the real
12 property for which a development agreement is
sought or the authorized representative of such a
13 person.
14 Section 9604.
15 Propo.s_e.d Agreem~ent. Each application shall be
accompanied by the development agreement proposed by
16 the applicant.
17 Section 9605.
18 Revie__w and Fili.ng o__f Application. The Community
Development Department shall endorse on the
19 application the date it is received. The Director
of Community Development shall review the
20 application and determine the additional requirements
necessary to complete the agreement. He may reject
21 the application if it is not completed in the manner
required by this Chapter, After receiving the
22 required information, the Director of Community
Development shall prepare a staff report, The staff
23 report shall analyze the proposed development and
shall contain a recommendation as to whether or not
24 the development agreement proposed or in an amended
form would be consistent with the General Plan or
25
any applicable specific plan.
26 PART 2 NOTI.C. ES AND HEARING
27 Section 9606.
28 Duty t__Qo Give Notice., The Director of Community
1 Development shall give notice of intention to
consider adoption of the development agreement and
2 any other public hearing required by law or this
Chapter. Notice of intention to consider adoption
3 of the development agreement may be given
concurrently and as a part of the required public
4 hearing notice for consideration of related land use
proposals. The development agreement may include
5 all or a part of the concurrent approved land use
proposals.
6
Section 96 07.
7
~. The Planning Commission shall consider
8 the proposed development agreement and make a
recommendation thereon to the City Council in the
9 manner set forth in this Chapter. The Planning
Commission shall forward its recommendations to the
10 City Council within 30 days of the time specified
for the public hearing in the notice of intention.
11
Section 9608.
12
~_Qtice of !ntentio.n. Upon completion of the staff
13 report required by Section 9605, the Director of
Community Development shall give notice of intention
14 to consider adoption of a development agreement.
The notice shall contain:
15
(a) The time and place of the public
16 hearing.
17 (b) A general explanation of the development
agreement, including a general description of the
18 property proposed to be developed.
19 (c) Other information that the Director of
Community Development considers necessary or
20 desirable.
21 Section 96 09.
22 ~ of _Giving Notice. All notice required by
this Chapter shall be given in the following manner:
23
(a) Mailing or delivery to the applicant and
24 to all persons, including businesses, corporations
or other public or private entities, shown on the
25 last equalized assessment roll as owning real
property within 300 feet of the property which is
26 the subject of the development agreement or by
publication as authorized by Section 65854.5(b) of
27 the Government Code.
28 (b) Mailing by first class mail to any
1 person who has filed a written request therefor with
the Director of Community Development.
2
(c) Publication at least once in a newspaper
3 of general circulation published and circulated in
the City.
4
Section 9610.
5
Failur.e _to Receiv~e Notice. The failure to receive
6 notice by any person entitled thereto by law or this
Chapter does not affect the authority of the City to
7 enter into a development agreement.
8 Section 96 11.
9 Hearing an__d ~ecommendatio_____n. o__f ~ ~Co~m~mission.
The Planning Commission shall hold a public hearing
10 on the proposed development agreement at the time
and place specified in the notice of intention. The
11 Planning Commission shall make its recommendation to
the City Council in writing. The recommendation
12 shall include whether or not the proposed
development agreement:
13
(a) Is consistent with the objectives,
14 policies, general land uses and programs specified
in the General Plan and any applicable specific
15 plan.
16 (b) Is compatible with the uses authorized
in the district in which the real property is
17 located.
18 (c) Is in conformity with the public
necessity, public convenience, general welfare, and
19 good land use practices.
20 (d) Will be detrimental to the health,
safety, and general welfare.
21
(e) Will adversely affect the orderly
22 development of property.
23 (f) Will have a positive fiscal impact on
the City.
24
Section 9612.
25
~ b_X _C~ ~. After the recommendation
26 of the Planning Commission or after the expiration
of the time period specified in Section 9607, the
27 Director of Community Development shall give notice
of a public hearing before the City Council in the
28
manner provided for in Section 9608 and 9609.
4
1
Section 9613.
2
De c i s.i o~n b_,y _Cit~v _Coun c i ! ·
3
(a) After it completes the public hearing
4 and considers the recommendation, if any, of the
Planning Commission, the City Council may accept,
5 modify or disapprove the proposed development
agreement. It may, but need not, refer the matters
6 not previously considered by the Planning Commission
during its hearing back to the Planning Commission
7 for report and recommendation. The Planning
Commission shall not be required to hold a public
8 hearing on matters referred back to it by the City
Council.
9
(b) The development agreement may not be
10 approved unless the City Council finds that the
development agreement is consistent with the General
11 Plan and any applicable specific plan.
12 Section 9614.
13 A_~roval o_X Develop.men..t Agreement. The development
agreement shall be approved by the adoption of an
14 ordinance. Upon the adoption of the ordinance, the
City shall enter into the development agreement by
15 the execution thereof by the City Manager.
16 Section 9615.
17 Amendm_en~ and _Cance!la_tion.
18 (a) Either the City or the applicant or
successor in interest thereto may propose an
19 amendment or cancellation in whole or in part of the
development agreement.
20
(b) The procedure for proposing and
21 approving an amendment to or cancellation in whole
or in part of the development agreement shall be the
22 same as the procedure for entering into a
development agreement.
23
(c) Except as provided for in Section 9618,
24 ,i the development agreement may only be amended or
cancelled in whole or in part by the mutual consent
25 of all parties to the development agreement.
26 Section 9616.
27 Record a t io.n.
(a) No later than ten (10) days after the
28 City enters into the development agreement, the City
1 Clerk shall record with the County Recorder a copy
of the development agreement.
2
(b) If the parties to the agreement or their
3 successors in interest amend or cancel the
agreement, or if the City terminates or modifies the
4 agreement for failure of the applicant to comply in
good faith with the terms or conditions of the
5 agreement, the City Clerk shall cause notice of such
action to be recorded with the County Recorder.
6
Section 9617.
Perio_.d.ic .Rev.i..e~w.
8
(a) The City Council shall review the
9 development agreement at least every twelve (12)
months from the date the development agreement is
10 entered into until expiration of the term of the
agreement.
11
(b) The Director of Community Development
12 shall give the applicant or successor in interest
thereto at least thirty (30) days advance notice of
13 the time at which the City Council will review the
development agreement.
14
(c) The City Council may refer the matter to
15 the Planning Commission for further proceedings or
for a report and recommendation.
16
(d) The applicant or successor in interest
17 thereto shall demonstrate good faith compliance with
the terms of the development agreement.
18
(e) If, as a result of such periodic review,
19 the City Council finds and determines, on the basis
of substantial evidence, that the applicant or
20
successor in interest thereto has not complied in
good faith with the terms or conditions of the
21 development agreement, the City Council may commence
proceedings to enforce, modify, or terminate the
22 development agreement.
23 Section 9618.
24 Modific. a~ti.on or _T~erminati..o.n.
25 (a) If, upon a finding under Section
9617(d), the City Council determines to proceed with
26 modification or termination of the development
agreement, the City Council shall give notice to the
27 applicant or successor in interest thereto of its
intention to do so. The notice shall contain:
28
1 (1) The time and place of the hearing;
2 (2) A statement as to whether or not
the City Council proposes to modify or terminate the
3 development agreement;
4 (3) Any proposed modification to the
development agreement;
5
(4) Other information which the City
6 Council considers necessary to inform the applicant
or successor in interest thereto of the nature of
7 the hearing.
8 (b) At the time set for the hearing on the
modification or termination, the City Council may
9 refer the matter back to the Planning Commission for
further proceedings or for report and
10 recommendation. The City Council may take such
action as it deems necessary to protect the
11 interests of the City. The decision of the City
Council shall be final.
12
Section 9619.
13
Irregularity .in Proceedings. No action, inaction or
14 recommendation regarding the proposed development
agreement shall be held void or invalid or be set
15 aside by a court by reason of any error,
irregularity, informality, neglect or omission as to
16 any matter pertaining to the application, notice,
finding, record, hearing, report, recommendation, or
17 any other matters of procedure whatsoever unless
after an examination of the entire record the court
18 is of the opinion that the error complained of was
prejudicial and that a different result would have
19 been probable if the error had not occurred or
existed."
20
Section 2: Any provision of the Tustin Municipal Code
21 or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no
22 further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance. This
23 Ordinance does not alter or change the powers and duties of
any other Board or Commission of the City.
24
.Sec..tio_n 3: If any section, subsection, sentence,
25 clause, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
26 competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the Ordinance. The City
27 Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence,
28 clause or phrase not declared invalid or unconstitutional
1 without regard to whether any portion of the Ordinance would
be subsequently declared invalid or unconstitutional.
2
~ _4: The Mayor shall sign and the City Clerk
3 shall attest to the passage of this Ordinance. The City Clerk
shall cause the same to be posted once in the official
4 newspaper within fifteen (15) days after its adoption. The
Ordinance shall become effective thirty (30) days from its
5 adoption.
6 PASSED AND ADOPTED at a regular meeting of the City
Council of Tustin, California, held this 3rd day of
7 December, 1984.
9 Act]?n9 Mayor
1Q ATTEST:
12 ' City ~.Ci~k
13 JGR:SA:pj :D:09/I4/84 (48.)
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 923 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 19th day of November, 1984, and was given its
second reading and duly passed and adopted at a regular meeting held on the 3rd
day of December, 1984, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: Greinke, Kennedy
SUMMARY PUBLISHED IN TUSTIN NEWS:
November 29, 1984
December 13, 1984