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HomeMy WebLinkAbout88-53 - Establishing Procedures and Requirements for Consideration of Development AgreementsRESOLUTION NO. 88-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOP- MENT AGREEMENTS. r- WHEREAS, Section 65864 et.. seq. of the California Government Code authorizes cities to enter into a "Development Agreement" with any person having a legal or equitable interest in real property for the development for such property; and WHEREAS,, said pr`odisions of the Government Code authorize cities to establish procedures"for-consideration of applications for such development agreements;and WHEREAS, the adoption of such regulations is in the public interest and promotes the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that "Development Agreements - Procedures and Requirements", as set forth in the..attached Exhibit "A", is hereby adopted for consideration of Development Agreements. PASSED AND ADOPTED this 19th day of July, Mayor of the City of Costa Mesa City Clerk of.the City of Costa Me STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going.Resolution No. 88-53 was duly and regularly passed and adopted by the said City Council at an adjourned regular meeting thereof, held on the 19th day of July, 1988. IN.WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of, the City of Costa Mesa this 20th day of July, 1988. Ci y Clerk and ex -officio Clerk of City Council of the City of Costa 231 G`.ti rte• EXHIBIT "A" DEVELOPMENT AGREEMENTS PROCEDURES AND REQUIREMENTS 1.0 APPLICATIONS. 1.1 Authority and Scope. These regulations are adopted pursuant to Government Code Section 65864 et. seq. All proposed development agreements shall be processed in accordance with the provisions contained herein and with the Cali- fornia Environmental Quality Act when applicable. 1.2 Application Forms. The Director of Development Services shall prescribe the form of each required application, notice and documents for the preparation, proc- essing and implementation of development agreements. The Director of Development Services may require that the following information accompany the application: 1. Duration of the agreement; 2. The legal description of all property affected by the agreement; 3. The' proposed uses of the property; 4. The density or intensity of use of the property; 5. The maximum height and gross square footage of proposed buildings; 6. Provisions for reservation or dedication of land for public pur- poses; 7. Fiscal impact statement; 8. Phasing and anticipated project completion date; 9. The General Plan designation, zoning district, and any applicable Specific Plan; 10. Site plans, elevations and all other such pertinent information concerning the proposed project such as are required for a vesting tentative map; 11. Specific public facilities that will be required to serve the proj- ect, and provision for financing of such facilities; 12. Name of legal entity with which the City would contract; identity of all joint ventures, limited partners, or others with whom the developer proposes to associate; 13. Financial capability statement, including letters from past and/or current financial partners or lenders, a description of previous loan commitments, and a recent audited financial statement (submit under separate cover marked "Confidential"); 14. Market feasibility study; and 15. Any additional information and supporting data considered neces- sary to process the application. 1.3 Fees. The City Council shall establish and from time to time amend by reso- lution a schedule of fees imposed for the filing and processing of each required application and document. The fees may be waived in whole or in part by the City Council. 1.4 Qualified Applicant. An application for a development agreement may be filed by any person who holds a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person: Written evidence of such.title or authority shall accompany the application 1.5 Proposed Agreement. Each application shall be accompanied by the development agreement proposed by'the applicant. 1.6 Review and Filing of Application. The,Development Services -Department shall endorse on the application the date it is received. The Director of Development Services or his designee -shall review the application and determine the additional requirements necessary to complete the agreement. The Director or his.designee may reject the application if it is not completed in the required manner. After receiving the required information, the Depart- ment epartment of Development Services 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 agreement pro- posed or in an amended form would be consistent with the General Plan and any applicable specific plan, and shall state what action will be required for compliance with the California Environmental Quality Act, to the extent :it is applicable. 2.0 NOTICES AND HEARING. 2..1 Notice of Intention. Upon completion of the staff report required by Section 1.6, the Direc- tor of Development Services 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 before the Planning Co itission. (b) A general explanation of the development agreement, includ- ing a general description of the property proposed to be developed. (c) Other information required by these regulations or which the Director of Development Services considers necessary or desirable. 2.2 Manner of Giving Notice. All notices -required by this Chapter shall be given, at least 10 days prior to the date of the public hearing, in all of the .following marc ners: (a) Mailing or delivery to the applicant, to each owner of record of the property affected, and to all persons, including busi- nesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the development agreement, or by publication as authorized by Section 65091(a)(3) of the Goverment Code. (b) Mailing by first class mail to Mesa Consolidated Water Dis- trict and/or.Santa Ana Heights Water Company, Costa Mesa Sanitary District, County Sanitation Districts of orange County, and Newport- Mesa ewportMesa Unified School District. (c) Mailing by first class mail to any person who has filed a written request therefor with the Director of Development Services and paid the required fees. (d) Publication at least once in a newspaper of general circula- tion published and circulated in the City. t-r rv,:f 4°.-D i 2.3 Failure to Receive Notice. The failure to receive notice by any person entitled thereto by law or these regulations does not affect the authority of the City to enter into a development agreement or the validity of any such agreement. 2.4 Hearing and Recamendation of Planning Ccmission. The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention or in accordance with any continuance thereof granted by the Planning Ccmmission at the scheduled hearing. The Planning CcMission shall make its recommendation to the City Council in writing. The recam endation shall include a statement of whether or not the pro- posed development agreement: (a) Is consistent with the General Plan, any applicable specific plan and the Redevelopment Plan, if applicable; (b) Is compatible with the existing uses and is authorized in the district in which the real property is located; (c) Is in conformity with the public necessity, public conveni- ence, general welfare, and good land use practices; (d) Will ba detrimental to the health, safety, and general wel- fare; and (e) Will adversely affect the orderly development of the prop - erty. 2.5 Reccmmendation of Redevelopment Agency. Any proposed development agreement located within the City of Costa Mesa Redevelopment Agency Downtown Project Area shall be reviewed by the Redevelopment Agency. The Redevelopment Agency shall make its recommendation to the City Council, based upon whether the proposed agreement promotes the policies and purposes of the Redevelopment Plan. The Redevelopment Agency need not hold a public hearing, and its reccrm endation may be made either in writing or by oral motion and the vote of a majority of the Agency members present and voting. 2.6 Hearing by City Council. After the Planning Commission (and Redevelopment Agency, if applic- able) has made its reccxmnendation, the City Council shall hold a public hearing not more than forty-five (45) days frau the date of the recc mnendation. Notice of the public hearing shall be given in the manner provided for in Sections 2.1 and 2.2. 2.7 Decision by City Council. (a) After it completes the public hearing and considers the recaamendation of the Planning Camission, and, if applicable, the Redevelopment Agency, the City Council may accept, modify or dis- approve the proposed development agreement. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Ccmission for report and recommendation. The Planning Commission shall not be required to hold _ a public hearing on matters referred back to it by the City.Council. (b) The development agreement shall not be approved unless the City Council finds that the development agreement is consistent with the General Plan, any applicable specific plan, and, if applicable, the Redevelopment Plan. 2.8 Approval of Development Agreement by Ordinance. Approval of the development agreement shall be by the adoption of an ordinance. Upon expiration of 30 days after adoption of the ordinance and upon execution of the agreement by the applicant, the City shall Pnter into the -development agreement by execution thereof by the Mayor. 3.0 ADMINISTRATION. 3.1 Recordation. -(a) No later than ten (10) days after the City enters into the development agreement, the City Clerk shall file a copy of the agree- ment with the County.Recorder for recordation. (b) If the City terminates or modifies the agreement pursuant to mutual consent or failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. 3.2 Amendment and Cancellation. The development agreement may be amended or cancelled in whole or in part by the mutual consent of all parties to the development agreement, aril --the enactment of an ordinance pursuant to the procedures set forth in Sections 2.1 through 2.7, followed by recordation of notice of the amendment or cancellation. 3.3 Periodic Review. (a) The Planning Commission shall review the development agree- ment at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agree- ment. (b) The Director of Development Services shall give the appli- cant, or.successor in interest thereto, at least thirty (30) days advance notice of the time at which the Planning Commission will review the development agreement. (c) The Planning Commission shall hold a public hearing and shall make a report and recommendation.to the City Council of the J applicant's, or successor in interest thereto, demonstration of good faith compliance with the terms of the agreement. (A) If, as a result of such periodic review, the Planning Ccm- mission finds and determines, on the basis of substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms or conditions of the development agree- ment, the Planning Commission may recommend to the City Council commencement of proceedings 'to enforce, modify, or terminate the .development agreement. (e) After the Planning Commission has made its recommendation, a public hearing shall be set before the City Council in the manner provided for in Section 2.6. 3.4 Procedure Upon Findings.. (a) If the City Council finds and determines on the basis of substantial evidence that the applicant -has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. (b) If the City Council finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under L) review, the City Council may modify or terminate the agreement. . 3.5 Modification or Termination. Upon a finding under Section 3.4(b), the City Council may pr.oceed,with modification or termination of the development agreement. Any such termination or modification shall be done by ordinance, according to the procedures set forth in Sections 2.1 through 2.7, and notice thereof shall be recorded as prescribed in Section 3.1.