Dana Point City Zoning Code
CHAPTER 9
73 DEVELOPMENT AGREEMENTS
§ 9.73.010 Authority and Scope.
This Chapter is adopted pursuant to Government Code Section 65864 et seq. All development agreements entered into after the effective date of this Chapter shall be processed in accordance with the provisions of this Chapter.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.020 Intent and Purpose.
The State Legislature has authorized cities to enter into development agreements which provide greater certainty to developers to proceed with approved projects according to local policies and regulations. A development agreement should include public benefits that extend beyond those already forthcoming through project approvals. The Planning Commission and City Council shall make a finding at the time of consideration for the development agreement that the above purpose has been achieved.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.030 Application Forms.
(a)
The Director of Community Development shall prescribe the form of each application, notice and document provided for or required under this Chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents, and/or concurrent land use actions and supporting documents by reference, the following information:
(1)
Duration of the agreement;
(2)
The permitted uses of the property;
(3)
The density or intensity of use of the property;
(4)
The maximum height and size of proposed buildings;
(5)
Provisions for reservation of dedication of land for public purposes;
(6)
Fiscal impact statement;
(7)
Phasing and project completion date;
(8)
A list of proposed public benefits;
(9)
An assessment of how the development agreement will address the applicable provisions of the City's Growth Management Element which require that the project will maintain a balance with the required infrastructure needs of the project;
(10)
Consistency with the General Plan and any applicable Specific Plan.
(b)
The Director of Community Development may require an applicant for a development agreement to submit such information and supporting data as the Director of Community Development deems necessary to process the application.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.040 Fees.
The City Council shall establish, and from time to time amend by resolution, a schedule of fees imposed for the filing and processing of each application and document required by this Chapter. The fee may be waived in whole or in part by the City Council.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.050 Qualified Applicant.
An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.060 Proposed Agreement.
Each application shall be accompanied by the development agreement proposed by the applicant.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.070 Filing and Review of Application.
The Community Development Department shall endorse on the application the date it is received. The Director of Community Development shall review the application and determine the additional requirements necessary to complete the agreement. The Director may reject the application if it is not completed in the manner required by this Chapter. After receiving the required information, the Director of Community Development 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 proposed, or in an amended form, would be consistent with the General Plan and any applicable Specific Plan.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.080 Notice.
The Director of Community Development shall give Notice of Intention to consider adoption of the development agreement and any other public hearing required by law or this Chapter. Notice of Intention to consider adoption of the development agreement may be given concurrently and as a part of the required public hearing notice for consideration of related land use proposal(s). The development agreement may include all or a part of the concurrent approved land use proposal(s).
(Added by Ord. 93-16, 11/23/93)
§ 9.73.090 Processing.
The Planning Commission shall consider the proposed development agreement and make a recommendation thereon to the City Council in the manner set forth in this Chapter. The Planning Commission shall forward its recommendations to the City Council within 30 days of the time specified for the public hearing in the Notice of Intention.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.100 Notice of Intention and Public Hearing.
All notice required by this Chapter shall be given in the following manner:
(a)
Mailing or delivery to the applicant and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the property which is the subject of the development agreement or by publication as authorized by Section 65854(b) of the Government Code.
(b)
Mailing by first class mail to any person who has filed a written request therefor with the Director of Community Development.
(c)
Publication at least once in a newspaper of general circulation published and circulated in the City.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.110 Failure to Receive Notice.
The failure to receive notice by any person entitled thereto by law or this Chapter does not affect the authority of the City to enter into a development agreement.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.120 Hearing and Findings of the Planning Commission.
The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the Notice of Intention. The Planning Commission shall make its recommendation to the City Council in writing. The Planning Commission must make the following findings in order to recommend approval of any development agreement:
(a)
That the proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan;
(b)
That the proposed development agreement is consistent with the City's Growth Management Element and adequately provides for the installation and operation of the infrastructure required to service each phase of the subject development;
(c)
That the development proposed in association with the subject development agreement is compatible with the uses authorized in the district in which the real property is located;
(d)
That the proposed development agreement is in conformity with the public necessity, public convenience, general welfare, and good land use practices;
(e)
That the proposed development agreement provides for public benefits to a degree which warrants any concessions granted by the City;
(f)
That the proposed development agreement will in no way be detrimental to the public health, safety, and general welfare;
(g)
That the proposed development agreement will not adversely affect the orderly development of property;
(h)
That the proposed development agreement will have a positive fiscal impact on the City.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.130 Hearing by the City Council.
After the recommendation of the Planning Commission or after the expiration of the time period specified in Section 9.73.090, the Director of Community Development shall give notice of a public hearing before the City Council in the manner provided for in Section 9.73.080.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.140 Decision by the City Council.
(a)
After completing the public hearing and consideration of the recommendation, if any, of the Planning Commission, the City Council may accept, modify, or disapprove the proposed development agreement. The City Council may, but need not, refer the matters not previously considered by the Planning Commission during its hearing, back to the Planning Commission 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.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
§ 9.73.150 Approval of Development Agreement.
The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.160 Amendment and Cancellation.
(a)
The City shall retain the authority to impose new obligations on the part of the developer if it is found that infrastructure deficiencies are found during the life of the development agreement.
(b)
Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.
(c)
The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.170 Recordation.
(a)
No later than 10 days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement.
(b)
If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for 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.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.180 Periodic Review.
(a)
The City Council shall review the development agreement at least every 12 months from the date the development agreement is entered into until expiration of the term of the agreement.
(b)
The Director of Community Development shall give the applicant or successor in interest thereto at least 30 days' advance notice of the time at which the City Council will review the development agreement.
(c)
The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation.
(d)
The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement.
(e)
If, as a result of such periodic review the City Council 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 agreement, the City Council may commence proceedings to enforce, modify, or terminate the development agreement.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.190 Modification or Termination.
(a)
If, upon a finding under Section 9.73.170(e), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain:
(1)
The time and place of the hearing;
(2)
A statement as to whether or not the City Council proposes to modify or terminate the development agreement;
(3)
Any proposed modification to the development agreement;
(4)
Other information which the City Council considers necessary to inform the applicant or successor in interest thereto of the nature of the hearing.
(b)
At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may take such action as it deems necessary to protect the interests of the City. The decision of the City Council shall be final.
(Added by Ord. 93-16, 11/23/93)
§ 9.73.200 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, informality, neglect or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless after an examination of the entire record the court is of the opinion that the error complained of was prejudicial and that a different result would have been probable if the error had not occurred or existed.
(Added by Ord. 93-16, 11/23/93)