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Home My WebLink About6.4 AmendMuniCd Sec 8.12.140 CITY CLERK File # [Q]~[Q][Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 1997 PUBLIC HEARING: Amendment to Section 8.12.140 of the Dublin Municipal Code relating to Development Agreements ,rJ'___ (Report prepared by: Jeri Ram, Associate PlannerM" SUBJECT: EXHIBIT ATTACHED: 1) 2) RECOMMENDATION: 1) 2) 3) 4) ~5) , 6) FINANCIAL STATEMENT: DESCRIPTION: Ordinance Amending Section 8.12.140 of the Dublin Municipal Code Section 8.12.140 of the Dublin Municipal Code Marked to Show Proposed Changes Open Public hearing Receive staff presentation and public testimony Close public hearing Deliberate Waive reading and introduce Ordinance Continue public hearing to July 1, 1997 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 Councilor 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 calendar by the City Council and set for a public hearing at the ne>..'! 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: PAFile Internal Distribution ITEM NO. <6!J4 ANALYSIS: 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 conduct a public hearing, deliberate, waive the reading and introduce the Ordinance Amending Chapter 8.12.140 of the Dublin Municipal Code relating to Development Agreements and continue the public hearing to July 1, 1997. F\jeri\m isc97\jan-jun\daccsr I 2 ORDINANCE NO. 17 - 97 AN ORDINANCE 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 I. 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 staff asks 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." QHiBil 1- SECTION 2. Posting and Effective Date. 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 ofthe 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 ATTEST: City Clerk F,\WPDIMNRSW\114\O I\ORDIDEV-AGR.527 LMS'rja 2 dure for entering into an agreement in the first instance. C. 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 developer of the city's intention to initiate such proceedings in the manner set forth in Section 8.12.060. D. In the event that a development agreement should be canceled or terminated, all rights of the developer under the devel- opment a"areement shall tenninate. Except as otherwise provided in the development agreement, the city may, in its sole discre- tion. determine to retain any and all bene- fits, including reservation or dedications of land, improvements constrUcted and pay- ments of fees, received by the city. E. Notwithstanding the above paragraph, any termination of the development agree- ment shall not prevent the developer from constrUcting or completing a building or other improvements authorized pursuant to other validly issued permits, approvals or entitlements. but the city may take any action pennitted by law to prevent, stop, or correct any violation of law occurring after cancellation of the development a"areement. (Ord. 8-91 S 1 (part)) 8.U.l30 Recordation of development agreement, amendment or cancellation. A. Within ten (10) days after the city enters into the development agreement, the City Clerk shall submit for recording the agreement with the County Recorder. B. If the parties to the a"areement or their su=ssors-in-interest amend or cancel the agreement or if the city terminates or modifies the a"areement for failure of the 1 444-5 8.12.120 developer to comply in good faith with the terms or conditions of the a"oreement, the City Clerk shall submit for recording the notice of such action with the County Re- corder. (Ord. 8-91 S 1 (part)) 8.U.140 Annual review. A. The City Council shall review the de- velopment agreement at least every twelve (12) months following the date of the agree- ment. The Community Development Direc- tor 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 Cir" rnnn'"jl coh":lll1 caBaaet a flae~s heng ~ .:..mel!fthe developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue 1: upon the developer..;4-.t- The City Counc~ determine. \OF'''' the ba&iE sf 3~3b........t:dl""l'~J....u....""? who;..ili~J. UJ. J.JM the developer has, for the period under review, complied in good faith with the terms and conditions of the a"oreement. S...cfv (uf<:'>: .' f)'lll"\."::.\"i:' C. If the. ell:) C..,u,u"J fL:a..b aLIa dcter- miRes sa tho:. bQ.;J~ v[ .,u1J;:,.l..auW:d c: v ~Lh...llce tb.:i.t ta@ ae,'slsfler ~ ....v~.o.pl:icd iB 6ssd ..:faith YT~1h Ltc I.Cl~ and cond1doD~ uf ..be apemeBt GitHIDb th.... p.....L~vd. UJ.1dcl J.~,~....n, t)Jp ....:nr:itJ~.. f:er that ~eriBa ~ lA.. ....vu....lud"- fY'- "'7 b< m...,l... , t:..-(J1U-t ~ ( u,.{L vVlj7.. ifl~j ed:-lf 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 agree- ment during the period under review, the Council may modify or terminate the a"oreement. (Ord. 5-96 S 1 (part); Ord. 8-91 S 1 (part)) (Dob1iD4-96) EXHIBIT 2- INSERT 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 staff asks 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. q