HomeMy WebLinkAbout1982-09-07; City Council; 9643; CMC 21.70 adds - Development agreements1
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0” NO. 9643
AN ORDINANCE OF !IT33 CITY CDWIL OF THE CITY OF CAF&.SBAD,
CALIFORNIA, AMENDING TmZE 21 OF TEE CAIiLSBAD MU”CIPAL
CODE BY THE ADDITION OF CKAPTER 21.70 To PROVIDE FOR
CJNSIDEPATION OF D?WEXDF“T AGREEMENTS.
The City Council of the City of Carlsbad, California does ordain
as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal Code is hereby
mmded by the addition of Chapter 21.70 to read as follaws:
Chapter 21-70
sections:
21.70,005
21.70 , 010 21.70.020
21.70.030
21.70.040
21.70.050 21.70.060 21.70.070 21.70.080 21.70.090
21.70,lOO
21.70.110
21.70.120
21.70.130 21,70.140
21.70.150
21.70,160
Authority for adoption,
Forms and informtion. Fees. Qualification as an applicant.
Proposed form of agreemat.
Review of application. Transmittal to Planning Canission, Planning commission Report. Decision by City Council,
Approval of Developmnt Agreements. Repired notice. Irregularity of proceedings.
A”nt and cancellation of agremt by mtual
consent.
Recordation. Periodic review, Procedure for periodic reviw.
Wfication for temination.
21.70,005 Authority for adoption - applicability, This chapter is adopted under the authority of Govaxmmt Code Sections 65864-65869.5. This chapter shall be applicable only to housing developnsnts for persons of law to derate income which -1-t the Housing Elemmt of the Carlsbad General Plan.
21.70.010 Fom and informtion. (a) Except as otherwise provided in this chapter, the Planning Director s.hall prescribe the form
for ea& application, notice and docucrent provided for or required under this chapter for the preparation and implemntation of developnent apemen-.
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(b) me Planning Director may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application.
21.70.020 Fees. (a) A fee established by City
Council resolution shall be paid by the applicant at the time of
filing the application.
(b) Nothing in this chapter shall relieve the
applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this code.
21.70.030 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 real property which is
the subject of the development agreement. Applicant includes authorized agent. The Planning Director shall 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.
Before processing the application the Planning Director 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
agreement.
21.70.040 Proposed form of agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. The City Council may adopt
by resolution a standard form of development agreement. The applicant may choose to use the standard form and include
specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and
may include any other provisions permitted by law, including requirements that the applicant provide sufficient security
approved by the City Attorney to ensure provision of public
facilities.
21.70.050 Review of application. (a) The Planning
Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing.
(b) The Planning Director shall review the
application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the agreement.
application and proposed agreement to the City Attorney for
review. The City Attorney shall prepare a report and
recommendation to the Planning Commission on the agreement.
application and proposed agreement for projects providing
housing for persons of low and moderate income to the Housing
and Redevelopment Advisory Committee for review. The Committee
shall prepare a report and recommendation to the Planning
Commission on the agreement. The Committee may, but need not,
hold a public hearing on the agreement.
(c) The Planning Director shall forward a copy of the
(d) The Planning Director shall forward a copy of the
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21.70.060 Transmittal to Planning Commission. The Planning Director shall transmit the application to the Planning Commission for a public hearing when all the necessary reports
and recommendations are completed. Notice of the public hearing shall be given as provided in this chapter. The application for a development agreement may be considered concurrently with
other discretionary permits for the project. ///
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21.70.070 Planning Commission report. After a public hearing, the Planning Commission shall consider the applicat and prepare a report and recommendation for the City Council The report and recommendation shall include findings on the
matters stated in Section 21,70.080(b). This report and
recommendation shall be forwarded to the City Clerk who shal set the matter for public hearing before the City Council.
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21.70.080 Decision by City Council. (a) After the City Council completes the public hearing, it may approve, modify or disapprove the development agreement. It may refer matters not previously considered by the Planning Commission
during its hearing back to the Planning Commission for report and recommendation. The Planning Commission need not hold a public hearing on matters referred back to it by the City Council.
(b) The City Council shall not approve the development agreement unless it finds that the agreement:
(1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific 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 and all other provisions of Title 21 of this code.
welfare and good land use practices;
and general welfare;
of property or the preservation of property values;
Code Sections 65864-65869.5.
manner consistent with the general plan.
of Title 20 of this code.
(3) Is in conformity with public convenience, general
(4) Will not be detrimental to the health, safety
(5)
(6)
(7) Ensures provision of public facilities in a
(8) When applicable, is consistent with the provisions
Will not adversely affect the orderly development
Is consistent with the provisions of Government
21.70.090 Approval of development agreements. If the City Council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the Mayor
to execute the agreement after the effective date of the ordinance on behalf of the City. Before execution, each
agreement shall be approved as to form by the City Attorney,
21.70.100 Required notice. (a) Notice of public hearing required by this chapter shall be given as provided in Section 21.54.060 of this code.
(b) The notice requirement referred to in subsection (a) is declaratory of existing law (Government Code Sections 65867,
65854, 65854.5 and 65856). If state law prescribes a different
notice requirement, notice shall be given in that manner. The failure of any person to receive notice required by law or these regulations, does not affect the authority of the City to enter into a development agreement.
(c)
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21.70.110 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 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.
21.70.120 Amendment and cancellation of agreement by mutual consent.
or cancellation in whole or in part of the development agreement (a) Either party may propose an amendment to
previously entered into. by this section must be by mutual consent of the parties.
amendment to or cancellation in whole or in part of the develop-
ment agreement is the same as the procedure for entering into an
agreement in the first instance. 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 proceed-
ings at least thirty days in advance of the giving of public notice of the hearing to consider the amendment or cancellation.
The amendment or cancellation permitted
(b) The procedure for proposing and adoption of an
21.70.130 Recordation. (a) Within ten days after the City enters into the development agreement, the City Clerk shail have the agreement recorded with the County Recorder.
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.
(b)
21.70.140 Periodic review. (a) The City Council shall review the development agreement every twelve months from the
date the agreement is entered into. (b) The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning Director.
(2) Resolution of intention by the Planning
(3) Resolution of intention of the City Council.
Commission.
(c) The Planning Director shall begin the review proceeding
by giving written notice that the City Council intends to under-
take a periodic review of the development agreement to the
property owner. He shall give the notice at least ten days
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zecessary to inform the property owner of the nature of the proceedings.
Such notice may be given at the conclusion of the hearing held according to Section 21.70.150.
(b) cation or termination, the property owner shall be given an opportunity to be heard.
to the Planning Commission for further proceedings or for report and recommendation. the action it takes as it considers necessary to protect the
interests of the City.
At the time and place set for the hearing on modifi-
The Council may refer the matter back
The Council may impose those conditions to
The decision of the City Council is final.
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-n advance of the time at which the matter will be considered by :he Council.
(d) :ommission for review and recommendation. The City Council may refer the matter to the Planning
21.70.150 Procedure for periodic review. (a) The City
Zouncil or the Planning Commission, if the matter has been Yeferred, shall conduct a public review hearing at which the xoperty owner must demonstrate good faith compliance with the :erms of the agreement.
ipon the property owner.
substantial evidence whether or not the property owner has, for
:he period under review, complied in good faith with the terms 2nd conditions of the agreement.
If the City Council finds and determines on the basis 3f substantial evidence that the property Owner has complied in
good faith with the terms and conditions of the agreement during
the period under review, no other action is necessary.
If the City Council finds and determines on the basis 3f substantial evidence that the applicant has not complied
in good faith with the terms and conditions of the agreement luring the period under review, the Council may initiate proceed- ings to modify or terminate the agreement.
The burden of proof on this issue is
(b) The City Council shall determine upon the basis of
(c)
(d)
21.70.170 No damages on termination. (a) In no event shall the applicant or his successors in interest be entitled to any
damages against the City upon termination of the agreement.
21.70.180 NO vesting of rights. Approval and construction
of a portion or phase of a development pursuant to the agreement shall not vest any rights to construct the remainder or any
other portion of the development nor create any vested rights to the approval thereof if the agreement is terminated as
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provided in this chapter.
21.70.190 Reservation of rights. The City Council of the
City of Carlsbad reserves the right to terminate or modify any
development agreement after a public hearing if such termination or modification is reasonable and necessary to protect,the public health, safety or welfare."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 17th day of AWt
1982, and thereafter
PASSED, APPROVED &ID ADOPTED at a regular meeting of said
Council held on the 7th day of SePtder 1982,
by the following vote, to wit:
Council Members Casler LRwis , Kdchin, Chick and hear AYES :
NOES : None
ABSENT: None
MARY H. ASLER, Mayor
ATTEST :
( SEAL)
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