HomeMy WebLinkAbout6.5 Development Agreement Ordinance CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 13, 1991
SUBJECT: Public Hearing: Development Agreement
Ordinance: Adding Chapter 8 . 12 to the Dublin
Municipal Code
REPORT PREPARED BY: Laurence L. Tong, Planning Director
EXHIBITS ATTACHED: Exhibit A: Draft Ordinance
RECOMMENDATION: 1) Open public hearing
2 ) Receive Staff presentation and public
testimony
3) Question Staff and the public
4 ) Close public hearing and deliberate
5) Waive reading and INTRODUCE Development
Agreement Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
The Staff has had preliminary discussions with the Bren Company
regarding a development agreement for Hansen Ranch, the 180 unit
single family residential project located west of Silvergate Drive .
The Bren Co. has submitted a request to the City to prepare 1) a
development agreement enabling ordinance and 2 ) a development
agreement specifically for the Hansen Ranch project.
State Law requires that, if an applicant requests, the City needs
to prepare enabling regulations for consideration of development
agreements . The Staff, including the City Attorney, has prepared a
draft development agreement enabling ordinance which would add Chapter
8 . 12 to the Dublin Municipal Code. The ordinance establishes
procedures and requirements for the consideration of development
agreements for specific projects .
After the enabling ordinance is adopted and effective, Staff
plans on discussing and processing a development agreement for the
Hansen Ranch project, taking the item to the Planning Commission for
recommendation, and bringing the item to the City Council for final
consideration.
Staff recommends that the City Council conduct the public
hearing, deliberate, waive the reading, and INTRODUCE the Development
Agreement Ordinance.
ITEM NO. COPIES TO: General/Agenda File
Ji& / ^ Project Planner
(OC/�-/Q Applicant
PA 91-022
IN THE CITY COUNCIL OF THE CITY OF DUBLIN
ORDINANCE NO. -
AN ORDINANCE ADDING CHAPTER 8. 12 TO THE DUBLIN MUNICIPAL CODE
RELATING TO DEVELOPMENT AGREEMENTS
The City Council of the City of Dublin does ORDAIN as
follows•
Section 1 Chapter 8. 12 is hereby added to the Dublin
Municipal Code, to read as follows:
"Development Agreements
Section 8 . 12 . 010 AUTHORITY:
This ordinance is adopted under the authority of
Government Code §§ 65864-65869 .5.
Section 8 . 12 . 020 DEFINITIONS:
a. "Development agreement" means a development
agreement entered into between the City and a Developer (as
defined in Section 8 . 12 . 040 pursuant to Government Code §§ 65864
et sec . and this ordinance.
b. "Person" means an individual, group,
partnership, firm, association, corporation, trust, governmental
agency, or any other form of business or legal entity.
C. "Project" means the development project that
is the subject of a development agreement.
Section 8 . 12 . 030 FORMS INFORMATION AND FEES:
a. The City Manager shall prescribe the form for
each application, notice and documents provided for or required
hereunder for the preparation and implementation of development
agreements.
b. The City Manager may require an applicant to
submit such information and supporting data as he reasonably
considers necessary to process the application.
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C. Each application shall be accompanied by a
development agreement on the City' s form of development
agreement.
d. The City Council shall establish by
resolution the schedule of fees and charges imposed for the
filing and processing of applications and documents provided for
or required hereunder.
Section 8. 12 . 040 QUALIFICATION AS AN APPLICANT:
Only a qualified applicant may file an application to
enter.. into a development agreement. A qualified applicant is a
person, including any authorized agent, who has a legal or
equitable interest in the real property which is the subject of
the development agreement, provided that in all instances the
owner(s) of fee title of the real property shall join in the
application or the development agreement shall be conditional
upon the close of escrow vesting fee title to the property in the
Developer. The City Manager may require an applicant to submit
proof of his interest in the real property and of the authority
of any agent to act for the applicant. The qualified applicant
and any successors-in-interest shall be referred to as
"Developer. "
Section 8 . 12 . 050 REVIEW OF APPLICATION:
The City Manager shall endorse on the application the
date it is received. He shall review the application and may
reject it if it is incomplete or inaccurate for purposes of
processing. If he finds that the application is complete, he
shall accept it for filing. He shall prepare a staff report and
recommendation and shall state whether or not the agreement
proposed or in an amended form would be consistent with the
General Plan and any applicable specific plan. He shall also
indicate whether or not the staff recommends approval of the
agreement as proposed or in an amended form.
Section 8 . 12 . 060 NOTICE: PUBLIC HEARING:
a. Public Hearing. A public hearing shall be
held on the proposed development agreement by both the Planning
Commission and the City Council.
b. Notice. The City Manager shall give notice
of intention to consider adoption of development agreements in
the manner provided in subsection (d) and of any other concurrent
public hearing required by law.
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C. Form of Notice. The form of the notice of
intention to consider adoption of a development agreement shall
contain:
(1) the date, time and place of the hearing;
(2) a general explanation of the matter to
be considered including a general description of the
property, in text or by diagram, that is the subject of the
hearing;
(3) the identity of the hearing body; and
(4) other information required by specific
provision of this ordinance or which the City Manager
considers necessary or desirable.
d. Time and Manner of Notice. The time and
manner of giving notice shall be by:
(1) Publication or Posting. Publication at
least once in a newspaper of general circulation, published
and circulated in the City at least ten (10) days prior to
the hearing, or if there is no such newspaper, posting at
least ten (10) days prior to the hearing in at least three
(3) public places in the City; and
(2) Mailing. Mailing of the notice at least
ten (10) days prior to the hearing to: (i) all persons
shown on the last 'equalized assessment roll as owning real
property within 300 feet of the property which is the
subject of the proposed development agreement; (ii) all
persons shown on the last equalized assessment roll as
owning the subject real property and to the Developer for
the proposed development agreement; and (iii) each local
agency expected to provide water, fire, sewage, streets,
roads, schools or other essential services or facilities to
the subject property, whose ability to provide those
facilities and services may be significantly affected.
e. Additional Notice. The Planning Commission
or City Council, as the case may be, may direct that notice of
the public hearing shall be given in a manner that exceeds the
notice requirements prescribed by state law.
f. Failure to Receive Notice. The failure of
any person entitled to notice required by law or this ordinance
does not affect the authority of the City to enter into a
development agreement.
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Section 8. 12. 070 RULES GOVERNING CONDUCT OF HEARING:
The public hearings shall be conducted as nearly as may
be in accordance with such procedural standards as may be adopted
for the conduct of zoning hearings. Each person interested in
the matter shall be given an opportunity to be heard. The
Developer has the burden of proof at the public. hearing on the
proposed development agreement.
Section 8. 12 . 080 DETERMINATION BY PLANNING COMMISSION:
After the hearing by the Planning Commission, the
Planning Commission shall make its recommendation in writing to
the City Council. The recommendation shall include the Planning
Commission's determination whether the development agreement
proposed:
a. is consistent with the objectives, policies,
general land uses and programs specified in the General Plan and
any applicable specific plan;
b. is compatible with the uses authorized in,
and the regulations prescribed for, the land use district in
which the real property is located;
C. is in conformity with public convenience,
general welfare and good land use practice;
d. will not be detrimental to the health, safety
and general welfare; and
e. will not adversely affect the orderly
development of property or the preservation of property values.
The recommendation shall include the reasons for the
recommendation.
Section 8. 12 . 090 DECISION BY CITY COUNCIL:
a. After a public hearing, the City Council may
accept, modify or disapprove the recommendation of the Planning
Commission. It may, but need not, refer back to the Planning
Commission matters not previously considered by the Planning
Commission during its hearing for report and recommendation.
b. The City .Council may not approve the
development agreement unless it makes all the determinations set
forth in Section 8 . 12 . 080 above. The City Council, in its sole
discretion, may deny the development agreement on the grounds
that in its opinion the proposed agreement is not in the best
interest of the public.
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C. If the property is located outside the City
limits, the application for a development agreement shall be
acted upon by the City only if the property is within the City's
sphere of influence. If so, the agreement shall be conditional
upon the property being annexed to the City and shall specify the
time-period for completion of annexation. If annexation does not
occur within the specified time-period, the agreement shall be
null and void.
Section 8. 12 . 100 APPROVAL BY ORDINANCE:
If the City Council approves the development agreement,
it shall do so by the adoption of an ordinance. No sooner than
30 days after the ordinance approving the development agreement
is adopted, the City may enter into the agreement.
Section 8 . 12 . 110 CONTENTS OF AGREEMENT:
a. A development agreement shall specify its
duration, the permitted uses of the property thereunder, the
density and/or intensity of use, the maximum height and size of
proposed buildings, provisions for reservation or dedication of
land for public purposes, and requirements for construction and
maintenance of on-site and off-site improvements or payment of
fees in lieu of such dedication or improvements.
b. A development agreement may also include
conditions, terms, restrictions, and requirements for subsequent
discretionary actions (provided such conditions, terms,
restrictions and requirements do not prevent the development of
the land subject to the development agreement for the uses and to
the density or intensity of development set forth in the
agreement) but does not affect the Developer's responsibility to
obtain all land use approvals required by the City's ordinances.
C. A development agreement may include
conditions and restrictions imposed by the City with respect to
the Project including those conditions and restrictions proposed
in an environmental impact report applicable to the Project
prepared and certified under the California Environmental Quality
Act, in order to eliminate or mitigate adverse environmental
impacts of the Project.
d. A development agreement may provide that the
Project be constructed in specified phases, that construction
shall commence within a specified time, and that the Project or
any phase thereof be completed within a specified time.
e. A development agreement may include a
requirement for the Developer's payment of on-going operational
costs of public services and for the Developer' s agreement to be
included within a Mello-Roos District or other comparable
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district for financing on-going operational costs of public
services for the Project.
f. If the development agreement requires
Developer's financing of necessary public facilities, it may
include terms relating to subsequent reimbursements over time for
such financing.
g. All development agreements shall contain an
indemnity and insurance clause requiring the Developer to
indemnify and hold the City harmless against claims arising out
of the development process, including all legal fees and costs.
h. A development agreement is a contract that is
negotiated and voluntarily entered into by City and Developer and
may contain any additional or modified conditions, terms or
provisions agreed upon by the parties, including sanctions for
failure to meet requirements.
i. A development agreement may include
conditions relating to financial guarantees for performance of
obligations thereunder.
Section 8 . 12 . 120 INITIATION OF AMENDMENT OR CANCELLATION:
a. Unless otherwise provided in a development
agreement, either party may propose an amendment to or
cancellation in whole or in part of a development agreement
previously entered into.
b. The procedure for proposing and adoption of
an amendment to or cancellation in whole or in part of a
development agreement shall be the same as the procedure 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 cancelled or terminated, all rights of the Developer
under the development agreement shall terminate. Except as
otherwise provided in the development agreement, the City may, in
its sole discretion, determine to retain any and all benefits,
including reservations or dedications of land, improvements
constructed and payments of fees, received by the City.
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e. Notwithstanding the above paragraph, any
termination of the development agreement 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
permitted by law to prevent, stop, or correct any violation of
law occurring after cancellation of •the development agreement.
Section 8 . 12 . 130 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 agreement or their
successors-in-interest amend or cancel the agreement or if the
City terminates or modifies the agreement for failure of the
Developer to comply in good faith with the terms or conditions of
the agreement, the City Clerk shall submit for recording the
notice of such action with the County Recorder.
Section 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 Planning 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 City Council shall conduct a public
hearing at which the Developer must demonstrate good faith
compliance with the terms of the agreement. The burden of proof
on this issue is upon the Developer. The City Council shall
determine, upon the basis of substantial evidence, whether or not
the Developer has, for the period under review, complied in good
faith with the terms and conditions of the agreement.
C. If the City Council finds and determines on
the basis of substantial evidence that the Developer has complied
in good faith with the terms and conditions of the agreement
during the period under review, the review for that period shall
be concluded. 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.
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Section 8 . 12 . 150 EFFECT OF DEVELOPMENT AGREEMENT:
a. Unless otherwise provided by the development
agreement, the City's rules, regulations and official policies
governing permitted uses of the property, density and design, and
improvement and construction standards and specifications
applicable to development of the property shall be those City
rules, regulations and official policies in force on the
effective date of the development agreement.
b. A development agreement shall not prevent the
City, in subsequent actions applicable to the property, from
apply.ing. new rules, regulations and policies which do not
conflict with those rules, regulations and policies applicable to
the property as set forth in the development agreement.
C. A development agreement shall not prevent the
City from denying or conditionally approving any subsequent land
use permit or authorization for the Project on the basis of such
existing or new rules, regulations, and policies.
Section 8 . 12 . 160 SEVERABILITY CLAUSE:
Should any provision of this ordinance or a subsequent
development agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the
remaining provisions of this ordinance and development agreement
shall remain in full force and effect unimpaired by the holding,
except as may otherwise be provided in a development agreement.
Section 8 . 12 . 170 JUDICIAL REVIEW; TIME LIMITATION:
a. Any judicial review of an ordinance approving
a development agreement shall be by writ of mandate pursuant to
Code of Civil Procedure § 1085; and judicial review of any City
action taken by the City pursuant to this ordinance, other than
the initial approval of a development agreement, shall be writ of
mandate pursuant to Code of Civil Procedure § 1094 . 5.
b. Any action or proceeding to attack, review,
set aside, void or annul any decision of the City taken pursuant
to this ordinance shall not be maintained by any person unless
the action or proceeding is commenced within 90 days after the
date of the decision. "
(Continued on next page)
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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 of the Government. Code of the State
of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of , 1991, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
114\00\DEVAGREL ML
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