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HomeMy WebLinkAboutOrdinances_2073_CCv0001.pdf ORDINANCE NO. 2073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADDING CHAPTER 18.220 TO THE REDLANDS MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS PERTAINING TO DEVELOPMENT AGREEMENTS The City Council of the City of Redlands does< ordain as follows: SECTION 1. Chapter 18. 220 is hereby added to the Redlands Municipal Code to read.- "DEVELOPMENT AGREEMENTS 18. 220.010 General Provisions. A. This Chapter is adopted pursuant to the authority of Government Code Sections 65864 through 65869. 51 inclusive. B. The purpose of this Chapter is to estab- lish rules and regulations for the pro- cessing and review of development agreements. 18.220.02 Application Forms and Information. A. The Director of Community Development shall prescribe the form of applications, notice and documents provided for or required under this Chapter for the preparation and implementation of development agreements, consistent with the provisions of this Chapter. S. The Director of Community Development may require an applicant for a development agreement to submit such information and supporting data as the Planning Commis- sion, City Council and other City depart- ments to which the application is referred under this Chapter consider necessary to process the application. 18.220.030 Fees. The City Council, by resolution,, shall fix the schedule of fees and charges for the filing and processing of each application, review, and document required under this Chapter. 18. 220.040 Parties to the Development Agreement. A. An applicant for a development agreement shall possess a legal or equitable interest in the real property which is to be the subject of the development agree- ment. The Director of Community Develop- ment shall require an applicant to submit proof of the applicant's interest in the real property and of the authority of any -2- agent representing the applicant . Such proof may include a preliminary report issued by a title company licensed to do business in the State of California. Before processing the application, the Director of Community Development 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 development agreement. B. In addition to the City and the appli- cant, any federal, state or local govern- mental agency may be included as a party to a development agreement. Any such additional party may be made a party to a development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500, et sN. ) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement among such parties. -3- 8.2 0.050 Proposed Form of Development Agreement. A. Each application shall be accompanied by the form of development agreement pro- posed by the applicant. This requirement may be met by designating the City's then standard form of development agreement, if any, and including specific proposals for changes in or additions to the lan- guage of the standard form, or by submit- ting a form of development agreement prepared by the applicant. P. Any development agreement prepared by an applicant shall contain the provisions required under this Chapter and shall also include the following: (1) The parties to the development agreement; ( 2) The nature of the applicant ' s inter- est in the real property: (3) A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this Chapter . Such description may include, but is not limited to, -4- references to site and building plans, elevations, relationships to adjacent properties and operational data. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria by which the same may be reviewed. (4) An identification of the approvals and permits for the development project issued or contemplated by the development agreement. (5) The proposed duration of the development agreement. (6) A program and standards for periodic review under this Chapter. (7) Appropriate provisions, acceptable to the City Attorney, providing security for the performance of the applicant under the development agreement . ( 8) Any other relevant provisions which may be deemed necessary by the Director of Community Development. 18. 220.060 Review of Application. A The Director of Planning and Community Development shall review the application and determine whether any additional information is necessary to complete the farm o development agreement-. After' receiving all necessary information, he shall prepare a; staff report and recommendation and shall state whether the development agreement as proposed, or in an amended form (specifying the nature of the amendments) , would be consistent= with the general plan, any applicable specific plan, and the provisions of this Chapter. B. The Director of Community Development shall, as part of his review of the application, circulate copies of the proposed development agreement to those City departments having jurisdiction over the development project for review and comment. The City Attorney shall also review the proposed development agreement for legal sufficiency. The staff report and recommendation of the Director o , -6- Community Development shall include any appropriate recommendations received from other City departments and the proposed form of ordinance authorizing the City to enter into the development agreement. 18.220.070 Contents of Development Agreement. A. A development agreement shall specify its duration, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. A development agreement may also include conditions and require- ments for subsequent discretionary ac- tions, provided that such conditions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement. S. A development agreement shall include all conditions imposed by the City with respect to the development project inclu- ding those conditions required as a -7- result of any environmental impact report prepared under the California Environ- mental Quality Act and the City's envi- ronmental review process to eliminate or mitigate environmental impacts caused by or aggravated as a result of the develop- ment project. C. All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the City Attorney, requiring the applicant to defend and indemnify the City against any claims arising out of the development agreement process. D. All development agreements, or any part of a development agreement, may be subject to subsequent condemnation pro- ceedings by the City. 18.220.080 Public Hearing. All development> agreements shall be considered at a public hearing before the Planning Commission under the procedures described in Sections 18.220.090 and 18.220. 100. 18.220.090 Review; Standard. A. The Planning Commission may approve use of a development agreement as a method of implementing or providing standards and criteria for any approval of the Planning Commission or permits or approvals issued or made by any City department. 18.220.100 Findings an+d Recommendation by 'Planning Commission. A. After the hearing before the Planning Commission, the Planning Commission shall. make its recommendation in writing to the City Council. The recommendation shill include the Planning Commission's find- ings as to whether the proposed development agreement. (1 ; is consistent with the objectives, policies, general land uses and programs specified in the City's; general plan and any applicable specific plan; 2 Is compatible with the uses author- ized in, and the regulations pre- scribed for, the zoning district in which the real property is located; -9- (3) is in conformity with and will promote public convenience, general welfare and good land use practice; ( 4) Will not be detrimental to the public health, safety and general welfare; ( 5) Will not adversely affect the orderly development of property or the preservation of property values; and (6) Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. 18.220.110 Ordinance; Public Hearing. A development agreement is a legislative act and shall be enacted by ordinance only after a public hearing before the City Council held pursuant to the proce- dures described in Sections 18.220.120 and 18. 220.130. The ordinance shall refer to and incorporate by reference the text of the development agreement . -10- 18.220.120 Conduct of Hearing. At the hearing, the City Council shall consider the Planning Commission' s recom- mendation together with any additional public testimony, and may approve, dis- approve or modify any recommendation of the Planning Commission. if public testimony is presented on an issue which was not 'considered by the Planning Commission$ then the City Council may refer the issue back to the Planning Commission for further hearings and recommendations. The City Council may also act on any such issue without refer- ence back to the Planning Commission. 18.220.130 Consistency with General and Specific Plans. Before the City Council may approve a development agreement, it must find that its provisions are consistent with the City's general plan and any applicable specific plans. If the City Council approves the development agreement in the form recommended by the Planning Commission, then the City Council shall _11- be deemed to have also adopted the findings of the Planning Commission. If a development agreement is modified or disapproved in whole or in part, the City Council shall set forth the reasons therefore and its findings with respect thereto in accordance with the criteria specified in this Chapter. 18.220.140 Notice. The Director of Community Development shall give all notices of the City's intention to consider adoption of a development agreement and of any other public hearing on a development agreement required by law or this Chapter. 18.220.150 Form and Time of Notice of Intention to Consider Adoption of Development Agreement. A. The form of notice to consider adoption of a development agreement before the Planning Commission or City Council shall contain: (1) The time and place of the hearing.- -12- ( 2) A general explanation of the matter to be considered including a general description of the area affected.- (3) The location or locations where a copy of the proposed development agreement may be reviewed; (4) Other information required by speci- fic provisions of this Chapter or which the Director of Community Development considers necessary or desirable. B. The time and manner of giving notice is by: (1) Publication at least once and at least 10 days prior to the hearing in a newspaper of general circula- tion, circulated in the City. (2) Mailing of the notice at least 10 days prior to the hearing to the applicant, to the owner of the property subject to the development agreement, to each local agency expected to provide waterf sewage, streets, roadsr schools, or other essential facilities or services to the project whose ability to provide -13- those facilities and services may be significantly affected, to any person who has filed a written request for notice with either the City Clerk, and to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement. Provided, the Director of Community Develop- ment may direct that notice be given over a wider area to adequately inform interested persons. If the number of owners to whom notice is to be mailed is greater than 1,000, the Director of Community Develop- ment may as an alternative provide notice in the manner set forth in Section 65901 of the Government Code. C. The Planning Commission or City Council, as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements pre- -14- scribed by state law, but failure to comply with such procedure shall not invalidate a development agreement. D. The notice requirements referred to in this Chapter are declaratory of existing law (Government Code Sections 65867, 65090 and 65091) . If and when State law prescribes any different notice require- ment, notice shall be given in that manner, 18. 220.160 Failure to Receive Notice. The failure of any person entitled to receive any notice required by law or this Chapter shall not affect the authority of< the City to enter into, nor invalidate, any development agreement. 18.220.170 Irregularity in Proceeding. Formal rules of evidence or procedure which must be followed in a court of law shall not apply to the consideration of a proposed development agreement. NO action, inaction or recommendation regarding a development agreement shall be held void or invalid on the ground of -15- the improper admission or rejection of evidence or by reason of any error or informality, as to any matter procedure whatsoever unless, after an examination of the entire case, including the evi- dence, a court of law finds that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injuryt and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted if error is shown. 18.220.180 Time for and Initiation of Review. The Director of Community Development shall review all development agreements annually in order to ascertain the good faith compliance by applicants with their terms. The time for review may be modified by the City Council at any time upon reasonable notice to the applicant, and the development agreement may pre- scribe a procedure and standards and -16- different times for review of compliance with its terms; provided, however,, that a development agreement shall in any event be reviewed for compliance at least once every twelve (12) months. 18.220.190 Finding of Compliance.- Appeal. If the Director of Community Development finds good faith compliance by the appli- cant with the terms of the development agreement, he shall issue a certificate of compliance, which shall be in record- able form and may be recorded in the Official Records of the County of San Bernardino. The issuance of a certifi- cate of compliance by the Director of Community Development and the expiration of the appeal period hereinafter speci- fied without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final. -17- 18.220.200 Finding of Non`-compliance. If the Director sof Community Development, on the basis of substantial evidence, finds the Developer has not complied in good faith with the terms of the development agreement, he shall specify in writing to the applicant the respects in which the applicant has failed to comply. The Director> of Community Development shall also specify a reason- able time for the applicant to meet the terms of compliance. If such areas of non-compliance are not corrected within the reasonable time limits as prescribed by the Director of Community Development, the development` agreement shall be subject- to cancellation pursuant to Section 18. 27 .240. 18 .220.210 Appeal of Determination. The applicant and any interested person- may file an appeal of the issuance of certificate of compliance to the City Council within ten (ltd) days after the certificate' s issuance. ,all appeals shall be conducted pursuant to a noticed -18- hearing in the same manner as any other appeal before the City Council, at which evidence shall be taken and findings made. 18.220. 220 Cancellation or Modification by Mutual Consent. Any development agreement may be cancel- led or modified by mutual consent of the parties, but only in the manner provided for by California Government Code Section 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this Chapter for approval of a development agreement. 18.220.230 Cancellation by the City. A. If, at any time during the term of a development agreement the Director of Community Development determines that the applicant has not complied in good faith with the terms and conditions of the development agreement, the Director of Community Develp pment shall, pursuant to the notice provisions of this Chaptert _19 - request that the Planning Commission conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the development agreement. The burden< of proof by substantial evidence of compli- ance by the applicant is upon the appli- cant. If such compliance cannot be shown, the Planning Commission shall recommend to the City Council that the City Council either commence proceedings to cancel the development agreement or recommend new terms and conditions inten- ded to remedy the non-compliance. B. The City Council shall conduct a noticed hearing on the recommendations of the Planning Commission at which the appli- cant and any other interested person shall be entitled to submit such evidence and testimony as may be germane to the issue of the applicant 's good faith compliance with the terms of the develop- ment agreement. If the City Council finds, based on substantial evidence, non-compliance with the terms and conditions of the development agreement, -20- it may either cancel the development agreement upon giving 60 dabs notice to the applicant, or in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such non- compliance. The City Council may impose such conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council shall be final. C Any cancellation or imposition of new terms and conditions pursuant tothis Section shall be noticed in accordance with the procedures specified in Section 18.220.150. 18 . 220.240 Rights of the Parties After Cancellation or Termination. In the event a development agreement is cancelled, unless otherwise agreed, all rights of the applicant, or his successor in interest under the development agreement, shall terminate. Any and all benefits, including money or land, received by the City shall be retained by - 1- the City. Notwithstanding the above provision, the termination of a develop- ment agreement shall not prevent an applicant from completing a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construc- tion at the time of termination, but the City may tape any action permitted by law to prevent, stop, or correct any viola- tion of law occurring during; and after construction, and the applicant or any tenant shall not occupy any portion of the project or any building not autho- rized by a previously issued building permit. As used herein, "construction" shall mean work performed in good faith in reliance upon a valid building permit, and "completing" shall mean completion for beneficial occupancy for an applicant ' s use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion "com- pleting" shall com-pleting" shall mean completion except for interior improvements suchaspartitions, duct and electrical run run outs, floor covering, wall coveringst lighting, furniture, trade fixturesy finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent applicabler be deemed non-conforming uses and shall be subject to the nonconforming use provisions of this Code. 18.220.250 Rules Affecting Development Agreements. All development agreements shall be subject to the regulation and require- ments of the laws of the State of California, the Constitution of the United States and any codes, statutes and any court decisions, state or federal. In the event that any law, code, statute or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the -23- manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with that law, code, statute or decision. 18. 220. 260 Separate Procedure. Development agreements shall not take the place of zoning ordinances, the general plan, conditional use permits, subdivi- sion approvals, building permits or any other City planning functions. To the extent practicabler public hearings on a proposed development agreement may be held concurrently with the public hear- ings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement. 18.220. 270 Effect of Development Agreement. When approved, a development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be considered part of this Code. Development control maps -24- include, but are not limited to, regula- tions intended to carry out any plan respecting location or type of activi- ties; height, bulk, siding or design of structures,* location or design of open areas,- and landscaping and other compar- able regulations. In the case of any conflict with any other provisions of this Code, such development agreement provisions shall take precedence. Unless otherwise provided by the development agreement, the City's rules, regulations and official policies governing permitted uses of the land, density and design, improvement and construction standards and specifications applicable to develop- ment of the property subject to a development agreement shall be those City rules, regulations and official policies in force at the time of the approval of the development agreement by the City Council, 18. 220.280 Construction. This Chapter and any subsequent development agreement shall be read -25- together . With respect to any develop- ment agreement enacted under this Chap- ter, any provision of a development agreement which is in conflict with this Chapter shall be void. 18. 220. 290 Execution and Recordation of Development Agreements, Amendment or Cancellation A. within 10 days after the ordinance appro- ving a development agreement takes effect, the Mayor shall execute the development agreement, and the City Clerk shall have the development agreement recorded in the Official Records of the County of San Bernardino. B. If the parties to a development agree- mento or their successors in interest, amend or cancel the development agreement as provided for in Government Code Section 65868 and this Chapter, or if the City Council terminates or modifies a development agreement as provided for in Government Code Section 65865.1 and this Chapter for failure of the applicant to comply in good faith with the terms or -26- conditions of the development agreementr the City Clerk shall, after such action takes effect, have notice of such action recorded in the Official Records of the County of San Bernardino. 18. 220. 300 Severability Clause. Should any provision of this Chapter be held by a court of competent jurisdiction to be either invalid, void, or unenforce- able, the remaining provisions of this Chapter shall remain in full force and effect, unimpaired by the holding, except as may otherwise be provided for in the development agreement. 18. 220. 310 Judicial Review; Time Limitation. A. Any judicial review of the approval by the City of a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Judicial review of any City action taken pursuant to this Chapter, other than the approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the Code of Civil -27- Procedure. The use of the term "substantial evidence" in this Chapter with respect to the quantum of proof necessary in connection with a finding of non-compliance is not intended to limit, nor impose a standard of review upon, any court pursuant to a proceeding initiated for that purpose. B. Any action or proceeding to attack, review set aside, void or annul any decision of the City taken pursuant to this Chapter shall not be maintained by any person unless the action or proceed- ing is commenced within 90 days after the date of the decision. " SECTION 2. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall cause it, or a summary --28- of it, to be published once in a newspaper published and circulated in the City of Redlands and thereupon and thereafter this ordinance shall take effect in accordance with law. ADOPTED, SIGNED and APPROVED THIS 18th day of AAril 1989 . Mayor of thi City of Re3l ATTEST: TMET 7 1 e r k---T7-7 I , Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 18th day of April , 1989 , by the following vote : AYES : Councilmembers Wormser, DeMirjyn, Cunningham, Larson; Mayor Beswick NOES : None ABSENT; None Ity Jerk -29- DJM0249