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HomeMy WebLinkAboutReso. 1981 - 087 - Establishing procedures and requirements for the consideration of development agreements under Government Code Sections 65864 - 65869.51f RESOLUTION NO. g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSID- ATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTIONS 65864 - 65869.5. WHEREAS, Government Code,Sections 65.864 - 65869.5 author- ize cities to enter into binding development agreements with persons having legal or equitable interests in,real property for the devel- opment of such property and authorize the cities to establish pro- cedures for consideration of application of such agreements, and WHEREAS, the Planning Commission and the Planning Depart- ment recommend that it is in the best interests of the City of Redding to adopt procedures and requirements which would authorize the institution of development agreements, and WHEREAS, it is in the public interest to do so, and the public health, safety and welfare will be promoted thereby, NOW, THEREFORE, BE IT RESOLVED by the City Council of the ` City of Redding as .follows: 1. The procedures and requirements for the consideration of development agreements as set forth in "Exhibit P_", attached hereto, and made a part by this reference, are adopted. 2. The Planning Director is instructed to prepare and adopt,such application forms, checklists, and any other documents as he considers necessary to implement the procedures and require- ments. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council bf the City of Redding on the. 4th day of May , 1981, and was duly adopted at d said meeting by the following vote: 00 ' v AYES: NOES: ABSENT: ATTEST: COUNCILMEN• Demsher, Fulton, Gard, Kirkpatrick, and Pugh COUNCILMEN: None COUNCILMEN: None ETHEL A. RICHTER, City Clerk FORM APP OVED: lcG RA.D LL A. HAYS, City torney -2- the City of Redding t -2- the City of Redding EXHIBIT A REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS FOR,CONSIDEEATION OF DEVELOPMENT AGREEMENTS Table of Articl Article 1 Applications Article 2 Notices and Hearing Article 3 Standards of Review, Findings Article 4 Amendment and Cancellation of Mutual Consent Article 5 Recordation Article 6 Periodic Review Article 7 Modification or Termination Article 1. Applications and Decision Agreement by Section 101 Authority for adoption Section 102 Forms and information Section 10.3 Fees Section 104 Qualification as an applicant Section 105 Proposed form of agreement Section 106 Review of application Section 101. Authority for adoption. These regulations are adopted under the authority of Government Code §§ 65864 - 65869.5 Section 102. Forms and information. (a) The Planning Director shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation and implementation of develop- ment 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 fil- ing 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 a develop- ment agreement. P_ qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The -1- lap 0 0 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 prop- erty to enter into the agreement. Section 105. Proposed form of agreement. Each applica- tion shall be accompanied by the form of development agreement pro- posed by the applicant. This requirement may be met by'designating the City's standard form of development agreement and including specific proposals for 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. IIe shall review the application and.may reject it if it is incomplete or inaccurate for processing. If he finds that the application is com- plete, 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 Hearin Section 201 Duty to give notice Section 202 Requirements for form and time of notice of intention to consider adoption of develop- ment agreement Section 203 Failure to receive notice Section 204 Rules governing conduct of hearing_ Section 205 Irregularity in proceedings 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) afoeneral,explanation,of the matter to be con - F' siaered, including a general description of the area affected; and ,(3) 'other<'information required by specific provision of,these•re'gu1'ations or. which the Planning Direc- tor considers necessary or desirable. -2- (b) Time and manner of notice. The time and manner of giving notice is by: (1) Publication or posting. Publication at least once in a newspaper of general circulation, published and circulated in the City of Redding, or if there is none, posting in at least three public places in the City of Redding. (2) 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 1,000, the Planning Director may, as an alterna- tive, 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 §65867 and §§ 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. Lack of receipt by any person entitled to notice required by,law,or these regulations does.not affect the authority.gf th'e'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 adopted under Government Code 565804 for the con- duct 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. Section 205. Irregularity in proceedings. No action, in- action 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 ommission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure 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. -3- L' . E Article 3. Standards of Review, Fi • and Decision Section 301 Determination by Planning Commission Section 302 Decision by City Council Section 303 Approval of development agreement 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 recom- mendation 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 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; and (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 Plan- ning 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 re- ferred 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 any applicable specific plan. Section 303. Approval of development agreement. If the City Council approves the development Agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the City Council may enter into the agreement. Article 4. Amendment and Cancellation of Agreement by Mutual Consent Section 401 Initiation of amendment or cancellation by mutual consent Section 402 Procedure 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. =C 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 15 days in advance of the giving of notice of intention to consider the amendment or cancellation re- quired by Section 202. Article 5. Recordation Section 501 Recordation of development agreement, amend- ment or cancellation Section 501. Recordation of development agreement, amend- ment or cancellation. (a) Within 10 days after the City enters into the develop- ment agreement, the City Clerk 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 §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 Review ... 1 � Section`60fTime*for and initiation of review Section 602Notice of periodic review Section 603,. Delegation.to Planning Director Section 604 Hearing Section 605 Findings upon hearing Section 606 Procedure upon findings Section 601. Time for and initiation of review. The City shall review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified 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 at least four members of the Planning Commission; (3) affirmative vote of at least three members of the City Council. -5- Section 602. Notice of periodic review. The Planning Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the.property owner. He shall give the notice at least 15 days in advance of the time at which the matter will be con- sidered by the'Planning Director. Section 603. Delegation to Planning Director. Review shall be conducted by the Planning Director. Section 604. Hearing. The Planning Director shall conduct a hearing at which the property owner must demonstrate good faith compliance.with the terms of the agreement. The burden of proof on this issue is upon the property owner. Section 605. Findings upon hearing. The Planning Director 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 Director finds and determines,'on the basis of substantial evidence; that the.property owner has com- plied in good,faith with the terms and conditions of the acreement during the.period under review, the review for .that period is con- cluded, and a notice of that determination shall be published and mailed as,provided in Section 202(b). (b) If the Planning Director finds and determines, on the basis of substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agree- ment during the period under review, the City may modify or terminate the agreement, based upon.a report filed with it by the Planning Director. (c) The property owner may appeal a determination pur- suant to paragraph (b) to the Planning Commission in accordance with City's rules for considerationofappeals. • Article 7. Modification or Termination Section 701 Proceedings upon modification or. termination Section 702 Hearing on modification or termination Section 701. Proceedings upon modification or termination. If, upon a finding under Section :606(b), the City determines to•pro -coed 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 pro. - poses to terminate or to modify the development agreement; and (3) other informationwhich the City considers necessary to inform the property owner 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 property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Director 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 deci- sion of the City Council is final. -7- .A f C -7-