HomeMy WebLinkAboutOrd 18-97 Muni Code Dev Agmts ORDINANCE NO. 18 - 97
AN ORDINANCE OF TIlE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE SECTION 8.12.140
RELATING TO DEVELOPMENT AGREEMENTS
The City Council of the City of Dublin does ordain as follows:
SECTION 1.
Dublin Municipal Code Section 8.12.140 is amended to read as follows:
"8.12.140 Annual review.
A. The City Council shall review the development agreement at least every twelve
(12) months following the date of the agreement. The Community Development Director shall
begin the review proceeding by giving thirty (30) days' written notice that the city intends to
undertake a periodic review of the development agreement to the developer.
B. The developer must demonstrate good faith compliance with the terms of the
agreement. The burden of proof on this issue is upon the developer.
C. The City Council may determine that the developer has, for the period under
review, complied in good faith with the terms and conditions of the agreement. Such
determination may be made at a public meeting. If all five members of the City Council consider
that the developer has demonstrated good faith compliance with the terms of the agreement, the
Council shall make such determination by minute action or resolution. If one Councilmember or
the staffasks that the matter of compliance be considered at a public hearing, the matter shall be
continued to a noticed public hearing. Following the public hearing, the Council shall determine
whether or not the developer has, for the period under review, complied in good faith with the
terms and conditions of the agreement. If the Council determines that the developer has not so
complied, the Council shall make findings on the basis of substantial evidence.
D. If the City Council finds and determines on the basis of substantial evidence that
the developer has not complied in good faith with the terms and conditions of the agreement
during the period under review, the Council may modify or terminate the agreement."
SECTION 2.
Posting and Effective Date.
This Ordinance shall take effect and be in force thirty (30) days fi.om and after the date of
its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City &Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this
1st day of July, 1997, by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: Councilmember Burton
Councilmembers Barnes, Howard Lockhart and Mayor Houston
ATTEST.~f7 / ~/~
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