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HomeMy WebLinkAboutResolution No. 6089RESOLUTION NO. 6089 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTIONS 65864-65869.5 WHEREAS, Government Code Sections 65864, et. seq. authorize cities to enter into binding development Agreements with persons having legal or equitable interests in real property for the develop- ment of such property and authorize the City to establish procedures for consideration of application for such Agreements; and WHEREAS, a set of procedures and requirements for considera- tion of Development Agreements has been the subject of one public hearing, and the Planning Commission of the City of San Rafael has recommended that the City Council adopt such regulations incorporated and attached herein as Exhibit "A"; and WHEREAS, it is in the public interest to do so and the public health, safety, and welfare will be promoted thereby. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL that said Council finds, determines, and orders as follows: 1. The procedures and requirements for the consideration of Development Agreements as set forth in Exhibit "A" attached to this Resolution and made a part by this reference are adopted. 2. The Planning Director of the Planning Department of San Rafael is instructed to prepare and adopt such application forms, checklists, and other documents as is considered necessary to implement said procedures and requirements. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City on Monday , the twentieth day of April 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NE M. LEONCINI, City Clerk 13 A/27 APPENDIX "A" REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERA^1ION OF DEVELOPMENT AGREEMENTS Table of Articles Article 1 Applications Article 2 Notices and Hearing Article 3 Standards of Review, Findings and Decision Article 4 Amendment and Cancellation of Agreement by Mutual Consent Article 5 Recordation Article 6 Periodic Review Article 7 Modification or Termination Article 1. Applications Section 101 Authority for adoption Section 102 Forms and information Section 103 Fees Section 104 Qualification as an applicant Section 105 Proposed form of agreement Section 106 Review of application Section 101. Authority for adoption.. These regu- lations are adopted under the authority of Government Code 5§65864-65869.5. Section 102. Forms and information. (a) The Planning Department shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. (b) The Planning Director may require an appli- cant to submit such information and supporting data as the Planning Director considers necessary to process the applica- tion. Section 103. Fees. The San Rafael City Council may by separate resolution establish fees and charges for the processing of applications for development agreements. Section 104. Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the subject real property or who is an authorized agent. The Planning Director may require an applicant to submit proof of his interest or agency. Section 105. Proposed form of agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. Section 106. Review of application. The Planning Department shall endorse on the application the date it is received. The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for pro- cessing. If the Planning Director finds that the application is complete, it shall be accepted for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement. Article 2. Notices and Hearing Section 201 Duty to give notice Section 202 Requirements for form and time of notice of intention to consider adoption of development agreement Section 203 Failure to receive notice Section 204 Irregularity in proceedings Section 201. Duty to give notice. The Planning Director shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules. Section 202. Requirements for form anal time of notice of intention to consider adoption of development agreement. (a) Form of notice. The form of the notice of intention to consider adoption of development agreement shall contain: (1) the time and place of the hearing; - 2 - (2) a general explanation of the matter to be considered including a general des- cription of the area affected; and (3) other information required by specific provision of these regulations or which the Planning Director considers necessary or desirable. (b) Time and manner of notice. The time and manner of giving notice is by: (1) Publication. Publication at least once in a newspaper of general circulation, circulated in San Rafael. (2) Mailing. Mailing of the notice 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. If the number of owners to whom notice is to be mailed is greater than 1,000, the Planning Director may as an alternative provide notice in the manner set forth in 565854.5(b) of the Government Code. (c) Additional notice. 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 prescribed by state law. Section 203. Failure to receive notice. The failure of any person entitled to notice required by law or these regulations does not affect the authority of the San Rafael City Council to enter into a development agree- ment. - 3 - Section 204. 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, irregularity, infor- mality, neglect or omission ("error") as to any matter per- taining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not pre- sumption that error is prejudicial or that injury was done if error is shown. Article 3. Standards of Review, Findings and Decision Section 301 Determination by Planning Commission Section 302 Decision by City Council - Section 303 Approval of development agreement Section 301. Determination by Planning Commission, After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the San Rafael City Council. The recommendation shall include the Planning Commission's determination and supporting reasons whether or not the development agreement proposed: (1) is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan and/or neighbor- hood plan. (2) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) is in conformity with public convenience, general welfare and good land use practice; 4 - (4) will be detrimental to the health, safety and general welfare. Section 302. Decision by San Rafael City Council. (a) After the San Rafael City Council completes the public hearing, it may accept, modify or disapprove the recom- mendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Com- mission during its hearing back to the Planning Commission for report and recommendation. (b) The San Rafael City Council_ shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan and/or neighborhood plan. Section 303. Approval of development agreement. If the San Rafael City Council approves the development agree- ment, it shall do so by the adoption of an ordinance and a resolution authorizing execution of the agreement by the Mayor upon the effective date of the ordinance. Article 4. Amendment and Cancellation of Agreement by Mutual Consent Section 401 Initiation of amendment or cancel- lation by mutual consent Section 402 Procedure Section 401. Initiation of amendment or cancel- lation. Either party may propose an amendment to or cancella- tion in whole or in part of the development agreement pre- viously entered into. Section 402. Procedure. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (Articles 1 through 3). - 5 - r However, where the City of San Rafael initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of his intention to initiate such proceedings at least 30 days in advance of the giving of notice of intention to consider the amendment or can- cellation required by Section 202. Article 5. Recordation. Section 501 Recordation of development agreement, amendment or can- cellation Section 501. Recordation of development agree- ment, amendment or cancellation. (a) Within 10 days after the City of San Rafael enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code §65868, or if the City of San Rafael terminates or modifies the agreement as provided in Government Code §6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder. Article 6. Periodic Review Section 601 Time for and initiation of review Section 602 Notice of periodic review Section 603 Delegation or referral to Planning Commission or Planning Director Section 604 Public hearing Section 605 Findings upon public hearing Section 606 Procedure upon findings Section 601. Time for and initiation of review. The City of San Rafael shall review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by the affirmative vote of a majority of the San Rafael City Council. Section 602. Notice of periodic review. The Planning .Director shall begin the review proceeding by giving notice that the City of San Rafael intends to under- take a periodic review of the development agreement to the property owner. The Planning Director shall give the notice at least 10 days in advance of the time at which the matter will be considered by the San Rafael City Council. Section 604. Public hearing. The San Rafael City Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. Section 605. Findings upon public hearing. The San Rafael City Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. Section 606. Procedure upon findings. (a) If the San Rafael City Council finds and determines on the basis of substantial evidence that the property owner 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 San Rafael City Council finds and determines on the basis of substantial evidence that the property owner has not complied in good faitr, with the terms and conditions of the agreement during the period under review, the San Rafael City Council may modify or terminate the agreement. r Article 7. Modification or Termination. Section 701 Proceedings upon modification or termination Section 702 Hearing on modification or termination Section 701. Proceedings upon modification or termination. If, upon a finding under Section 606 (b), the San Rafael City Council determines to proceed with modification or termination of the agreement, the San Rafael City Council shall give notice to the property owner of its intention so to do. The notice shall contain; (1) the time and place of the hearing; (2) a statement as to whether or not the San Rafael City Council proposes to terminate or to modify the development agreement; (3) other information which the San Rafael City Council considers necessary to inform the property owner of the nature of the proceeding. Section 702. Hearing on modification or termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The San Rafael City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation, The San Rafael City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City of San Rafael. The decision of the San Rafael City Council is final.