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
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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;
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(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.
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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;
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(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).
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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.