Loading...
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.) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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