sr-020982-6b-- !~^ . , ~ 9 192
CA:RMM:r
City Council Meeting 2-9;-82 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Establishing Procedures for
the Processing of Development Agreements
At its meeting on January 26, 1982, the City Council
introduced an ordinance establishing procedures for the
processing of development agreements. The ordinance is now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
~~ ~ 992
CA:RMM:r
City Council Meeting 2-9-82 Santa Monica, California
ORDINANCE NO. 1245 CCS)
tCity 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 11, Section 7 of the
California Constitution and pursuant
to Government Code Seetion 6~5864'et
se 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
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 this 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 Birector considers
necessary to process the application.
Section 9802. Fees. The City
Council shall: establish and from time
to time amend by resolution a sche-
Jule of fees imposed for the filing
and grocessing of each application
and. document required by this. Chap-
ter.
_2_
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. Processing.. The
Planning-Commission shall: consider
the proposed development agreement
and: make: a recommendation thereon to
the Citg 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.
-4-
Section 9809. Notice of Inten-
tion. Upon completion of the staff
report required 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.
tc) Other information that the
Planning Director considers- necessary
or desirable.
Section. 981.0.. 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 persans, includ-
ing businesses,. corporations or other
public or private entities, shown on
the last equalized assessment. roll as
owning real. property within SOO feet
of the property which is the. subject.
-5-
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
in 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-
s-ion.. The Planning Commission shall
hold a public hearing on the proposed
development agreement at the time and
place specified in the notice of
®g-
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, policies,. 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
-7-
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..
(aJ After it completes the
public>hearing and considers the
recommendation, if any, of the Plan-
ping Commission, the City Council may
accept,. modify or disagprove the pro-
posed development agreement.. It may,
but. need. not, refer the matters not
previously considered by the Planning
Commmssom 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.
(bJ 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.
®8®
Section 9815. Approval of
Develo ment 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
cance lation in whole or in part of
the development agreement..
{bJ 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-
went 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
with 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.
tb) 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.
(cl 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-
-10-
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 9814. Modification or
Termination.
(a) If upon a finding under
Section 9818{dJ, the City Council
determines: to proceed. with modifica-
tion or termination 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:
(1) 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.
®11-
(4? Other information which
the City Council considers necessary
to inform the applicant or successor
in interest thereto of the nature of
the hearing..
(bl 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
Proceedings.. 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 orris-
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
-12-
been probable if the error had not
occurred or existed.
GECTION 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.
ordinance 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 shawl 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
e13a
official newspaper within 15 days after its adoption. The
ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:'
ROBERT M. MYERS
City Attorney
-14®
ADOPTED AND APPROVED THIS 9th DAY
OF February 1982.
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
N0. 1245 (CCS), WAS DULY AND. REGULARLY INTRO-0UCED AT A
MEETING OF THE CITY GDUNCIL 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 pqy pF February
1482 BY THE. FOLLOWING. COUNCIL VOTE:
AYES:
NOES:.
ABSENT
ABSTAINc
COUNGILMEMBERS: Conn, Edwards, Jennings, Press,.
Reed,. Zane and Mayor Yannatta Goldway
COUNCILMEMBERSc None
COUNCILMEMBERS: None
COUNCILMEMBERS:
ATTEST:
CITY CLERK
DISTRIBUTION OF RESOLUTION # ORDINANCE / °~~~
Council Meeting Date ~,~(~--9 Introduced: ,~-Z(o-r~z.
Agenda. Item # ~ ~ c~CQn,~s~ Adopted: 2 -~
i~ -
Was it amended? V * ALWAYS PL03L ADOPTID ORDINANCES
VOTE
Affirmative:
Negative: _
Ahstaim-:- _
Absent:
DISTRIBUTION:
~~
ORIGINAL to be signed, sealed and filed in Vaul~'
f,^
NEWSPAPER PUBLICATION (Date: ~~'~~0 ~/ ) ~,~j~ (y~.
-~-
Department originating staff report ( )
City Attorney (tltnee with their codes)
Agency mentioned in document or staff report
Subject file (agenda packet)
Counter file
!_
certified?)
1
1
Others:
Airport Parking Auth.
Auditoium Personnel.
Building Dept. Planning
Environs. Serv. Police (en-
Financ' / forcement?)
Purchasing .
Fire
Recr/Parks
General Serv.
Transportation
Library
Treasurer
Manager
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