O1245
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City Council Meeting 2-9-82 Santa Monica, California
ORDINANCE NO. 1245(CC5)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR
CONSIDERATION OF
DEVELOPMENT AGREEMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8 is hereby added to Article IX of
the Santa Monica Municipal Code to read as follows:
Chapter 8--Development Agreements
Section 9800. Authority and
Scope. This Chapter is adopted pur-
suant to Article II, Section 7 of the
California Constitution and pursuant
to Government Code Section 65864 et
seq. All development agreements
entered into after the effective date
of this Chapter shall be processed in
accordance with the provisions of
this Chapter. In performing his or
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functions under this Chapter, the
Planning Director shall act under the
direction of the City Manager.
section 9801. Application
Forms. The Planning Director shall
prescribe the form of each applica-
tion, notice and documents provided
for or required under th2S Chapter
for the preparation, processing, and
implementation of development agree-
ments. The application shall include
a fiscal impact statement on the
proposed development. The Planning
Director may require an applicant for
a development agreement to submit
such information and supporting data
as the Planning Director considers
necessary to process the application.
Section 9802. Fees. The City
Council shall establish and from time
to time amend by resolution a sche-
dule of fees imposed for the filing
and processing of each application
and document required by this Chap-
ter.
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Section 9803. Qualified Appli-
cant. An application for a develop-
ment agreement may only be filed by a
person who has a legal or equitable
interest in the real property for
which a development agreement is
sought or the authorized representa-
tive of such a person.
Section 9804. proposed Agree-
ment. Each application shall be
accompanied by the form of develop-
ment agreement proposed by the appli-
cant.
Section 9805. Filing of Appli-
cation. The Planning Director shall
endorse on the application the date
it is received. The Planning Direc-
tor shall review the application and
may reject the application if it is
not completed in the manner required
by this Chapter.
Section 9806. Review of Appli-
cation. The application shall be
reviewed by the Planning Director.
After reviewing the application and
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any other pertinent information, the
Planning Director shall prepare a
staff report. The staff report shall
analyze the proposed development and
shall contain a recommendation as to
whether or not the development agree-
ment proposed or in an amended form
should be approved or disapproved.
Section 9807. Duty to Give
Notice. The Planning Director shall
give all notices required by this
Chapter.
section 9808. Processin9. The
Planning Commission shall consider
the proposed development agreement
and make a recommendation thereon to
the City Council in the manner set
forth in this Chapter. The Planning
Commission shall forward its recom-
mendation to the City Council within
30 days of the time specified for the
public hearing in the notice of in-
tention.
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Section 9809. Notice of Inten-
tion. Upon completion of the staff
report requ~red by Section 9806, the
Planning Director shall give notice
of intention to consider adoption of
a development agreement. The notice
shall contain:
(a) The time and place of the
public hearing.
(b) A general explanation of
the development agreement including
a general description of the property
proposed to be developed.
(c) Other information that the
Planning Director considers necessary
or desirable.
Section 9810. Manner of Giving
Notice. All notice required by this
Chapter shall be given in the follow-
ing manner:
(a) Mailing or delivery to the
applicant and to all persons, includ-
ing businesses, corporations or other
public or private entities, shown on
the last equalized assessment roll as
owning real property within 500 feet
of the property which is the subject
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of the development agreement.
(b) Mailing or delivery to all
tenants of property within 500 feet
of the property which is the subject
of the development agreement.
(c) Mailing by first class
mail to any person who has filed a
written request therefor with the
Planning Director.
(d) Publication at least once
1n a newspaper of general circulation
published and circulated in the City.
Section 9811. Failure to
Receive Notice. The failure to
receive notice by any person entitled
thereto by law or this Chapter does
not affect the authority of the City
to enter into a development agree-
ment.
Section 9812. Hearing and
Recommendation of Planning Commis-
sion. The Planning Commission shall
hold a public hearing on the proposed
development agreement at the time and
place specified in the notice of
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intention. The Planning Commission
shall makes its recommendation to the
City Council in writing. The recom-
mendation shall include whether or
not the proposed development agree-
ment:
(a) Is consistent with the
objectives, pollcies, general land
uses and programs specified in the
the general plan and any applicable
specific plan.
(b) Is compatible with the
uses authorized in the district in
which the real property is located.
(c) Is in conformity with the
public necessity, public convenience,
general welfare, and good land use
practices.
(d) Will be deterimental to
the health, safety and general
welfare.
(e) Will adversely affect the
orderly development of property.
<f) Will have a positive
fiscal impact on the City.
Section 9813. Hearing by City
Council. After the recommendation of
the Planning Commission or after the
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expiration of the time period speci-
fied in Section 9808, the Planning
Director shall give notice of a pub-
lic hearing before the City Council
in the manner provided for in Sec-
tions 9809 and 9810.
Section 9814. Decision by City
Council.
(a) After it completes the
public hearing and considers the
recommendation, if any, of the Plan-
ning Commission, the City Council may
accept, modify or disapprove the pro-
posed development agreement. It may,
but need not, refer the matters not
previously considered by the Planning
Commmission during its hearing back
to the Planning Commission for report
and recommendation. The Planning
Commission shall hold a public hear-
ing on matters referred back to it by
the City Council.
(b) The development agreement
may not be approved unless the City
Council finds that the development
agreement is consistent with the
general plan and any applicable
specific plan.
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Section 9815. Approval of
Development Agreement. The develop-
ment agreement shall be approved by
the adoption of an ordinance. Upon
the adoption of the ordinance, the
City shall enter into the development
agreement by the execution thereof by
the City Manager.
Section 9816. Amendment and
Cancellation.
(a) Either the City or the
applicant or successor in interest
thereto may propose an amendment or
cancellation in whole or in part of
the development agreement.
(b) The procedure for propos-
ing and approving an amendment to or
cancellation in whole or in part of
the development agreeement shall be
the same as the procedure for enter-
ing into a development agreement.
(c) Except as provided for in
Section 9819, the development agree-
ment may only be amended or cancelled
in whole or in part by the mutual
consent of all parties to the devel-
opment agreement.
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Section 9817. Recordation. No
later than 10 days after the City
enters into the development agree-
ment, the City Clerk shall record
w1th the county recorder a copy of
the development agreement.
Section 9818. Periodic Review.
(a) The City Council shall
review the development agreement at
least every 12 months from the date
the development agreement is entered
into.
(b) The Planning Director
shall give the applicant or successor
in interest thereto at least 10 days
advance notice of the time at which
the City Council will review the
development agreement.
(c) The applicant or successor
in interest thereto shall demon-
strate good faith compliance with the
terms of the development agreement.
(d) If, as a result of such
periodic review, the City Council
finds and determines, on the basis of
substantial evidence, that the appli-
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cant or successor in interest thereto
has not complied in good faith with
the terms or conditions of the devel-
opment agreement, the City Council
may commence proceedings to enforce,
modify, or terminate the development
agreement.
Section 98l9. Modification or
Termination.
(a) If upon a finding under
Section 9818(d), the City Council
determines to proceed with modifica-
tion or terminatlon of the develop-
ment agreement, the City Council
shall give notice to the applicant or
successor in interest thereto of its
intention to do so. The notice shall
contain:
(I) The time and place of the
hearing.
(2) A statement as to whether
or not the City Council proposes to
modify or terminate the development
agreement.
(3) Any proposed modification
to the development agreement.
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(4) Other information which
the City Council considers necessary
to inform the applicant or successor
in interest thereto of the nature of
the hearing.
(b) At the time set for the
hearing on the modification or termi-
nation, the City Council may take
such action as it deems necessary to
protect the interests of the City.
Section 9820. Irregularity in
Proceedlngs. No action, inaction, 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, irregu-
larity, informality, neglect or omis-
sion as to any matter pertaining to
the application, notice, finding,
record, hearing, report, recommenda-
tion, or any other matters of pro-
cedure whatsoever unless after an
examination of the entire record the
court is the opinion that the error
complained of was prejudicial and
that a different result would have
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been probable if the error had not
occurred or existed.
~ECTION 2. Any provision of the Santa Monica Municipal
Code or appendIces thereto inconsistent with the provisions
of this ordinance, to the extent of such inconsistencies and
no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this ordinance. This
ord~nance does not alter or change the powers and duties of
any other Board or Commission of the City.
SECTION 3. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordInance. The City
Clerk shall cause the same to be published once in the
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official newspaper within IS days after its adoption. The
ordInance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
~~7~-
ROBERT M. MYERS
City Attorney
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ADOPTED AND APPROVED THIS
9th
DAY
OF February
, 1982.
clef ~ -
( MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO.
1245
(CC$), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 26th DAY OF January
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 9th DAY OF February
1982 BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS= Conn, Edwards, Jennings, Press,
Reed, Zane and ~1ayor Yarmatta Goldway
NOES=
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS:
'~
ATTEST: -
al.I)c-~
CITY CLERK