HomeMy WebLinkAbout6.2 AmendMuniCd 8.12.140~,
CITY CLERK
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AGENDA STATEMENT ~~~ ~~
CITY COUNCIL MEETING DATE: July 1, 1997
SUBJECT:
EXHIBIT ATTACHED:
RECOMMENDATION:
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PUBLIC HEARING: Amendment to Section 8.12.140 of the Dublin Municipal
Code relating to Development Agreements
(Report prepared by: Jeri Ram, Associate Planner)~
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FINANCIAL STATEMENT:
DESCRIPTION:
Ordinance Amending Section 8.12.140 of the Dublin Municipal Code
Open Continued Public Hearing
Receive staff presentation and public testimony
Close public hearing
Deliberate
Waive second reading and adopt Ordinance
Approval of the proposed Amendment will save staff time and publishing
costs associated with public hearings.
The proposed amendment to Section 8.12.140 of the Dublin Municipal Code will eliminate the automatic
requirement for a public hearing for approved development agreements undergoing the required process of
Annual Review by the City Council. The proposed Amendments will give the City Council flexibility to review
non-controversial development agreement compliance as part of the City Council Consent Calendar. If the City
Council or staff has concerns about the compliance of a particular development agreement, the report could be
either 1) scheduled as a public hearing by staff; or, 2) pulled from the consent calendax by the City Council and set
for a public hearing at the next City Council meeting.
BACKGROUND:
The City Council adopted Section 8.12 (Development Agreements) of the Municipal Code in May, 1991. The
Eastern Dublin Specific Plan requires that each project in Eastern Dublin have a Development Agreement.
COPIES TO: PA File ~
Internal Distribution
ITEM NO. ~•
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ANAL YSIS:
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It is anticipated that over the next several years the City will enter into many development agreements in Eastern
Dublin. In most instances the compliance with the terms of the development agreements will not be an issue.
Therefore, the requirement for a public hearing during Annual Review in all instances may not necessary. The
proposed Amendment will not change the requirement for Annual Review by the City CounciL It will enable staff
to schedule the non-controversial Annual Reviews on the Consent Calendar, thereby reserving more time at
meetings for public hearings of items of greater public interest than most development agreements.
Conclusion:
Approval of this Amendment will give the City Council flexibility to review non-controversial development
agreement Annual Review as part of the City Council Consent Calendar.
RECOMMENDATION:
Staff recommends that the City Council reopen the continued public hearing, deliberate, waive the second
reading and adopt the Ordinance Amending Chapter 8.12.140 of the Dublin Municipal Code relating to
Development Agreements.
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ORDINANCE NO.
- 97
AN ORDINANCE AMENDING
DUBLIN MlThTICIPAL 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
nvelve (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 reviev,T, 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 ac-Jon
or resolution. If one Counci1member or the staff asks that the matter of compliance
be considered at a public hearing, the matter shall be continued to a noticed public
hearing. Follo-wing 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 Citv Council finds and determines on the basis of substantial
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evidence that the developer has not complied in good faith vvith the terms and
conditions of the agreement during the period under review, the Council may modify
or terminate the agreement."
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SECTION 2.
Posting and Effective Date.
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This Ordinance shall take effect and be in force thirty (30) days from 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 of 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 day of , 1997, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
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ATTEST:
City Oerk
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