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HomeMy WebLinkAboutResolution - 2358 STATE OF CALIFORNIA ) RESOLUTION NO. 2358 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTIONS 65864 THROUGH 65869.5, INCLUSIVE RESOLVED, by the City Council of the City of San Jacinto, that WHEREAS, Government Code sections 65854 through 65869.5, inclusive, authorizes cities and counties to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and authorize the City to establish procedures and requirements for consideration of applications for such agreements; and WHEREAS, it is in the public interest to adopt such procedures and requirements and the public health, safety and welfare will be promoted thereby; WHEREAS, the adoption of procedures and requirements for consideration of applicants for development agreements are not a "project' subject to the requirements of the California Fnvironmental Quality Act because it is an organizational or administrative activity of government which is political and which will not cause a direct or reasonably foreseeable indirect change in the environment as set forth in Public Resources Code Section 21083 and Section 15378 of the California Environmental Quality Act Guidelines, NOW, THEREFORE, the City Council of the City of San Jacinto, California, finds, determines and orders as follows: SECTION 9: Any existing policies, procedures, or regulations in conflict with the provisions of this resolution are hereby repealed in their entirety and are hereby replaced with the terms and conditions of this Resolution. SECTION 2: 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 hereby adopted. SECTION 3: The City Manager is instructed to prepare and adopt such application forms, checklists and other documents, as he considers necessary to implement the procedures and requirements. PASSED, APPROVED and ADOPTED this 181h day of July, 2002, by the following vote: AYES: Ayres, Carlson-Buydos, Conner, Good, Williams NAYS: None ABSENT: None ABSTAIN: None City of San Jacinto By ir)Conner, Mayor ATTEST f . `�- orothy L. louinard, City Clerk Exhibit "A" CITY OF SAN JACINTO REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS Table of Articles Article 1, Applications Article 2. Form and Content of Development Agreements Article 3. Notices and Hearing Article 4. Standards of Review, Findings and Decision Article 5. Amendment and Cancellation of Agreement by Mutual Consent Article 6. Recordation Article 7. Periodic Review Article 8. Modification or Termination Article 1. Applications Section 101. Authority for Adoption Section 102. Forms and Information Section 103. Fees Section 104. Qualifications as an Applicant Section 105. Proposed Business Terms of Agreement Section 106. Review of Application Section 101. Authority for Adoption. These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5, inclusive. Section. 102, Forms and information. (a) The City Manager 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 City Manager may require an applicant to submit such information and supporting data as the City Manager considers necessary to process the application. Section 103. Fees. The City Council shall, by separate resolution, fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations. Section 104. Qualifications 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 real property located within the municipal boundaries of the City, or real property to be annexed to the City, which is the subject of the development agreement. A qualified applicant includes the authorized agent of the applicant. The City Manager may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary report issued by a title company licensed to do business in the State of California evidencing the requisite interest of the applicant in the real property. Before processing the application, the City Manager may obtain the opinion of the City Attorney as to the sufficiency of the applicant s interest in the real property to enter into the agreement. Section 105. Proposed Business Terms of Agreement. Each application shall be accompanied by a document setting forth those business terms proposed by the applicant to be included in the development agreement. Section 106. Review of Application. The City Manager shall endorse on the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate. If he finds that the application is complete, he shall accept it for filing. The City Manager shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, he shall prepare a report and recommendation and shall state whether or not the business terms proposed or in an amended form would be consistent with the general plan, any applicable specific plan and these regulations. `.w Article 2. Form and Content of Development Agreements. Section 201. Contents Section 202. Payment of Impact Fees, Deferral Section 203. Term of Development Agreement Section 204. Reservation of Bights Section 201. Contents. A proposed development agreement shall include the following provisions: (a) a legal description of the property subject to the development agreement; (b) the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size or proposed buildings, and provisions for reservation or dedication of land for public purposes; (c) conditions, terms, restrictions, and requirements for subsequent City discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions r.. shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement; (d) the time when construction will be commenced and completed, including a phasing plan for the public and private improvements; (e) a schedule of impact fees in accordance with Section 202; (f) a provision to the effect that except in extraordinary circumstances, as determined by the City Manager, the developer shall not be entitled to impact or other fee credits or reimbursement for supplemental or excess capacity public improvements and that where such fee credits are granted to the developer, there shall be no "cross-category" credit of fees - credit shall only be applied to the category of fees in which the excess public improvements are classified; (g) a provision to the effect that any financing for the acquisition, construction and maintenance of infrastructure improvements through the formation of a community facilities district, inclusion of the property into an existing community facilities district or through another similar financing mechanism shall be in accordance with and shall not deviate from adopted City policies regarding the same; (h) a requirement that as a condition of development approval, the developer shall connect the project on the property to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the project and that the developer shall contract with the City for City-owned or operated utilities for this purpose, for such price and on such terms as may be mutually agreed to between the parties. Section 202. Payment of Impact Fees, Deferral, In Lieu Dedications. An application shall include a schedule of impact, public facilities and service mitigation fees for the class of development project (i.e.: commercial, residential, industrial) due and payable from the applicant/owner at those times and in those amounts as established by separate resolution of the City, which is in effect at the time of execution of the development agreement. A proposed development agreement may provide for the limitation upon increases of applicable impact, public facilities and service mitigation fees for a period not to exceed five (5.) years from the execution of the development agreement, during which time such fees may be increased yearly in an amount not to exceed the lesser of (i) any increase set forth by City ordinance or resolution, or (ii) two percent (2%) per annum. Upon expiration of the limitation period, the full amount of applicable impact, public facilities and service mitigation fees as set forth in then-existing City ordinances or resolutions shall be payable in connection with the development project. A development agreement may provide, as determined by the City on a case by case basis, for the deferral of payment of fees, for those times and on those terms to be set forth in the development agreement. A development agreement may also provide for the owner's construction and dedication of public improvements to partially or fully satisfy those impact fees applicable to the development project. The development agreement shall specifically set forth the public improvements to be constructed and dedicated to the City as separate exhibits and the amount of fees to be satisfied by such construction and dedication. Section 203, Term of Development Agreement. The maximum initial term of a development agreement shall be ten (10) years. The term of a development agreement may provide for an extension of the term for an additional five (5) years following expiration of the initial term, provided the following have occurred: (a) Developer provides at least 180 days notice to City prior to expiration of the initial term; (b) In non mixed use projects, the developer shall have obtained, as applicable, building permits for at least sixty-seven percent (67%) of the actual number of residential units permitted under the development agreement or sixty-seven percent (67%) of the gross area of the commercial/industrial buildings permitted under the development agreement. In the event that the developer is building a mixed use project, developer shall have obtained building permits for sixty-seven percent (67%) of the actual number of residential units in those areas permitted under the development agreement and for sixty-seven percent (67%) of the gross area of the corn merciallindustrial buildings permitted under the development agreement; (c) Developer is not then in uncured default of the development agreement. Section 204. Reservation of Rights. Unless otherwise reserved by the City under the development agreement, the rules, regulations, and official policies governing permitted uses of the land, density and intensity of use, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the development agreement. Notwithstanding the paragraph above, a development agreement shall provide for the following reservations of rights, and the City shall not be prevented from applying new rules, regulations and policies upon the applicant/owner, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following: (a) Processing fees by City to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals; (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure; (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the City and any local amendments to those codes adopted by the City, (d) Regulations which may conflict with the development agreement and development plan but which are reasonably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety; (e) Regulations that do not conflict with those rules, regulations and policies set forth in the development agreement or the development plan; (f) Regulations which may conflict but to which the developer consents; (g) Impact fees not in existence at the time of execution of the development agreement. The development agreement may provide for additional rights to be reserved to the City. Article 3, Notices and Hearing. Section 301. Notice Section 302. Requirements for Form and Time of Notice of Intention to Consider Adoption of Development Agreement. Section 303. Failure to Receive Notice. Section 304. Rules Governing Conduct of Hearings. N Section 305. Irregularity in Proceedings. `"" Section 301. Notice. The City Manager shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules. Section 302. Requirements for Form and Time of Notice of Intention to Consider Adoption of Development Agreement. (a) The notice of intention to consider adoption of a development agreement shall contain the following information: (1) The date, time and place of the public hearing; (2) The identity of the hearing body (i.e., Planning Commission or City Council; (3) A general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property subject to the proposed development agreement; (4) Other information required by law, these regulations or which the City Manager considers necessary or desirable. (b) Time and Manner of Notice. The time and manner of giving notice shall be in accordance with Government Code Section 65867. (c) Declaration of Existing Law. The notice requirement referred to in subsections (a) and (b) are declaratory of existing law (Government Code Sections 65867, 65090 and 65091). If state law prescribes a different notice requirement, notice shall be given in that manner. The notices required by this Section are in addition to any other notices required by law for other actions to be considered concurrently with a development agreement. (d) 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 303. Failure to Receive Notice. The failure to receive notice by any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a development agreement. Section 304. Rules Governing Conduct of Hearings. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted 4 under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement. Section 305. Irregularity in Proceedings. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding concerning a development agreement. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining 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 no presumption that error is prejudicial or that injury was done if error is shown. Article 4. Standards of Review, Findings and Decision. Section 401, Determination by Planning Commission Section 402. decision by City Council �. Section 403. Approval of Development Agreement Section 401. Determination by Planning Commission. All development agreements shall be considered at a public hearing before the Planning Commission. After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission-s determination whether or not the development agreement proposed: (a) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; (b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (c) Is in conformity with public convenience, general welfare and good land use practice; (d) Will be beneficial to the health, safety and general welfare, and (e) Will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation. Section 402. Decision by City Council (a) After receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing to consider adoption of the development agreement, after providing notice of the hearing in the same manner prescribed by Section 302. (b) After the City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council. (c) The City Council may 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. Section 403. Approval of Development Agreement. r� (a) If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. (b) After the ordinance approving the development agreement takes effect, the City may enter into the agreement. A development agreement shall be signed by the Mayor. Article 5. Amendment and Cancellation of Agreement by Mutual Consent. Section 501. Initiation of Amendment or Cancellation by Mutual Consent Section 502. Procedure Section 501 . Initiation of Amendment or Cancellation by Mutual Consent. Either party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of the development agreement previously entered into. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided under Article 8 of these regulations and Government Code Section 65865.1. Section 502. Procedure. (a) The procedure for proposing and adopting an amendment to or cancellation in whole or in part of a development agreement is the same as the procedure for entering into an agreement in the first instance (Articles 1, 3 and 4 inclusive), (b) However, where the City 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 its intention to initiate such proceedings at least sixty (60) days in advance of the giving notice of intention to consider the amendment or cancellation required by Section 302. Article 6. Recordation. Section 601. Recordation of Development Agreement, Amendment or Cancellation. (a) Within ten (10) days after the City 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 Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 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 7. Periodic Review. Section 701 . Time for and Initiation of Review Section 702. Notice of Periodic or Special Review Section 703. Public Hearing Section 704. Findings upon Public Hearing Section 705. Procedure upon Findings Section 701 . Time for and Initiation of Review. (a) The City shall review the development agreement every twelve (12) months from the date the agreement in entered into in order to ascertain the good faith compliance by the property owner with the terms of the agreement. The property owner shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within ten (10) days after written notice from the City Manager. (b) The time for review may be shortened or a special review called either by agreement between the parties or by initiation in one or more of the following ways. (1) Recommendation of the Planning staff; (2) Affirmative vote of at least four (4) members of the Planning Commission; or (3) Affirmative vote of at least three (3) members of the City Council, Section 702. Notice of Periodic or Special Review. The City Manager shall begin the review proceeding by giving notice that the City intends to undertake a periodic or special review of the development agreement to the property owner. He shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission. Section 703. Public Hearing. The Planning Commission shall conduct a 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 704. Findings Upon Public Hearing. The Planning Commission 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 705, Procedure Upon Findings. (a) If the Planning Commission 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 Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate the agreement. (c) The property owner may appeal a determination pursuant to paragraph (b) to the City Council in accordance with the City's rule for consideration of appeals in zoning matters. Article 8. Modification or Termination. Section 801 Proceedings Upon Modification or Termination Section 802. Hearing On Modification or Termination Section 801. Proceedings Upon Modification or Termination. If, upon a finding under Section 705(b), the City determines to proceed with modification or termination of the agreement, the City shall give notice to the property owner of its intention so to do. The notice shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not the City proposes to terminate or to modify the development agreement; and (c) Other information which the City considers necessary to inform the property owner of the nature of the proceeding. Section 802. 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 property owner shall be required to demonstrate good faith compliance with the terms and conditions of the agreement. The burden of proof on this issue shall be on the property owner. If the City Council finds, based upon substantial evidence in the administrative record, that the property owner has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify the agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.