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HomeMy WebLinkAboutOrd. No. 1995-0996 ORDINANCE NO. 996 AN QRDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 19 BY THE ADDITION OF CHAPTER ~9.12 TO PROVIDE FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA does - ordain as follows: SECTION 1: That Title 19 of the Lak~ E1~il~orc Municipal Code is hereby amended by the addition of Chapter 19.12 to read as follows: SECTION: - 19.12.005 19.12.010 19.12.020 19.12.030 19.12.040 19.12.050 19.12.060 19.12.070 19.12.080 19.12.090 19.12.100 19.12.110 19.12.120 19.12.130 19.12.140 19.12.150 19.12.160 19.12.170 CHAPTER 19.12 DEVELOPMF.NT AGREEMENTS Authority for Adoption. Forms and Information. Notice of Public Hearing. Qualification as an Applicant. Proposed Form of Agreement. Review of Application. Transmittal to Planning Commission. Planning Commission Report. Decision by City Council. Approval of Development Agreements. Required Notice. Irregularity of Proceedings. Amendment and Cancellation of Agreement by Mutual Consent. Recordation. Periodic Review. Procedure for Periodic Review. Modification or Termination Fees. 19.12.005 Authority for Adoption. This Chapter is adopted under the authority of Government Code Sections 65864 - 65869.5. 19.12.010 Forms and Information. (a) The Director of Community Development shall prescribe the form for each application, notice and document provided - for or required under this chapter for the preparation and implementation of development agreement. (b) The Director of Community Development may require an applicant to submit such information and supporting data as the Director considers necessary to process the application. PAGE TWO - ORDINANCE NO. 996 19.12.020 Notice of Public Hearinq. Notice of Public Hearing for an agreement proposed pursuant to this Chapter shall be accomplished as follows: - (a) Published pursuant to Section 6061 of the Government Code in at least one (1) newspaper of general circulation at least ten days (10) prior to the hearing. (b) Mailed or delivered at least ten days (10) prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those services and facilities may be significantly affected. (c) Mailed or delivered at least ten days (10) prior to the __ hearing to all owners of the real property as shown on the last equalized assessment role within three hundred feet (300') of the real property which is subject to the hearing. If the number of owners to whom Notice would be mailed or delivered is greater than one thousand (1000), Notice may be provided by placing a display advertisement of at least 1/8 page, in at least one (1) newspaper of geDeral circulation, at least ten (10) days prior to the hearing. (d) Said notice shall include the date, time, and place of the Public Hearing, the identity of the hearing body, a general explanation of the matter being considered and a general description of the location of the real property subject to the hearing. 19.12.030 Qualification as an Applicant. Only a qualified applicant may file an application to enter into a developlBent agreement. A qualified applicant is a person or entity who has legal or equitable interest in the real property - - PAGE THREE - ORDINANCE NO. 996 which is the subject of the development agreement. Applicant includes an authorized agent. The 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 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. 19.12.040 Proposed Form of Agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. The City Council may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law. 19.12.050 Review of Application. (a) The Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the application is found to be complete, it shall be accepted for filing. (b) The Director shall review the application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the agreement. (c) The Director shall forward a copy of the agreement to the City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement. 19.12.060 Transmittal to Planning Commission. The Director shall transmit the application to the Planning Commission for a public hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in this Chapter. The application for a - --------~--,-_.._----~---_..~-_._..._-_...._--,---_._-_....--_.- PAGE FOUR - ORDINANCE NO. 996 - development agreement may be considered concurrently with other discretionary permits for the project. 19.12.070 Planninq Commission Report. After a public hearing, the Planning Commission shall consider the application and prepare a report and recommendation for the City Council. The report and recommendation shall include findings on the matters stated in Section 19.12.080(b). This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the City Council. 19.12.080 Decision by City Council. (a) After the City Council completes the public hearing, it may approve, modify or disapprove the development agreement. It may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission need not hold a public hearing on matters referred back to it by the City Council. (b) The City Council shall not approve the development agreement unless it finds that the agreement: (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 practices; (4) will not be detrimental to the health, safety and general welfare; (5) will not adversely affect the orderly development of property or the preservation of property values; (6) is consistent with the provisions of Government Code Sections 65864 - 65869.5. - - - PAGE FIVE - ORDINANCE NO. 996 PAGE SIX - ORDINANCE NO. 996 - in whole or in part of the development agreement previously entered into. The amendment or cancellation permitted by this Section must be by mutual consent of the parties. (b) 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. 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 days in advance of the giving of public notice of the hearing to consider the amendment or cancellation. 19.12.130 Recordation. (a) Within ten days after the City enters into the development 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 Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for the 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. 19.12.140 Periodic Review. (a) The City Council shall review the development agreement every twelve (12) months from the date the agreement is entered into. (b) The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways: - - PAGE SEVEN - ORDINANCE NO. 996 - (1) recommendation of the Director (2) resolution of intention by Planning Commission (3) resolution of intention of the City Council. (c) The Director shall begin the review proceeding by giving written notice that the City Council intends to undertake a periodic review of the development agreement to the property owner. He shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Council. (d) The City Council may refer the matter to the Planning Commission for review and recommendation. 19.12.150 Procedure for Periodic Review. (a) The City Councilor the Planning Commission if the matter has been referred shall conduct a public review 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. (b) The City Council 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. (c) If the City Council 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 Council shall let the agreement stand and review again in the time prescribed by Section 19.12.140. (d) If the City Council 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 agreement during the period under review, the Council may initiate proceedings to modify or terminate the agreement. - - -. - -.. PAGE EIGHT - ORDINANCE NO. 996 19.12.160 Modification or Termination. (a) If upon a finding under Section 19.12.150(d) the city Council determines to modify or terminate the agreement, the Council shall give notice to the property owner of its intention to do so. The notice shall state: (1) the time and place of the hearing; (2) a statement as to whether or not the Council proposes to terminate or to modify the development agreement; (3) other information which the Council considers necessary to inform the property owner of the nature of the proceedings. Such notice may be given at the conclusion of the hearing held according to Section 19.12.150. (b) 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 Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The 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. 19.12.170 Fees. The City Council hereby finds and determines that the benefits and privileges accruing to the property owner in entering into a Development Agreement pursuant to this Chapter result in a substantial economic benefit to said property owner. Furthermore, in consideration for said agreement and as an inducement to the public to enter into such an agreement property owner shall be obligated to pay a fee in an amount to be mutually negotiated between the applicant and the City prior to adoption of the Development Agreement by the City Council, which funds shall be utilized for public purposes and facilities to the benefit of the public and the residents of the City as a whole. PAGE NINE - ORDINANCE NO. 996 SECTION 2: The City Council hereby declares that the provisions of this Chapter are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 3: The City Clerk shall certify to the adoption of this ordinance and cause it to be posted as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption. INTRODUCED AND PASSED UPON FIRST READING this 25th day of April, 1995, by the following roll call vote: AYES: COUNC ILMEMBERS : NOES. : COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of May, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE tJ( f)}lt7L- M. WASHBURN, MAYOR TY OF LAKE ELSINORE LERK -- APPROVED AS TO FORM AND LEGALITY: JJ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on April 25, 1995, and passed on May 9th, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ~BSTAIN: COUNCILMEMBERS: VICKI Ki'~,~~t CLERK CITY OF ~K~ ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 996 of said Council, and that the same has not been amended or repealed. DATE!): Ma7 12, 1995 (SE~L) -