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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 -3- 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.. -9- 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 SEND FOUR COPIES OF-ALL ORDINANCES T0: r CODED SYSTEMS, Attn eter ,ac earie L~ PROFESSIONAL CENTER, RgUTE 71 BRIELLE, NEW JERSEY 03-730 SEND FOUR COPIES_OF A .T. ORnTNAwrRS _T0: L~ PRESIDING JUDGE SANTA MONICA MUNICIP AL COURT . 1725 MAIN STREET SANTA MONICA, CA 40401 TO TAL COPIES