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HomeMy WebLinkAboutORD 059 1985 1216ORDINANCE NO. 59 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 9.64 RELATIVE TO DEVELOPMENT AGREEMENTS WHEREAS, pursuant to Government Code Section 65864 et seq., the City may enter into a development agreement with the owner of property for the development of such property and shall establish procedures and requirements for the consideration of development agreements upon the request of a property owner. NOW, THEREFORE, The City Council of the City of Moorpark DOES ORDAIN as follows: SECTION 1. The Moorpark Municipal Code is hereby amended by adding Chapter 9.64 to read as follows: CHAPTER 9.64 DEVELOPMENT AGREEMENTS Section 9.64.010 Purpose and Intent. This chapter is enacted pursuant to Section 65864 et seq. of the Government Code of the State of California in order to provide a means whereby the city and property owners can conclude agreements on proposed plans of develop- ment for specific property. The agreement assures the property owner that he can develop in accordance with the terms and conditions of said agreement and assures the city that the property will be developed in the manner agreed to therein. Specifically, this chapter is designed to achieve the following purposes: (1) To achieve consistency with the general plan and any applicable specific plan. (2) To contribute to strengthening the planning process. (3) To encourage private participation in the planning process. (4) To reduce the economic costs of development to the public. CJK /ORD1997 Section 9.64.020 Applicability. The city may enter into a development agreement, as provided for in this chapter, with any person having a legal or equitable interest in real property within the city for the development of such property. For the purposes of this chapter, the parties to the agreement shall include their successors in interest. Section 9.64.030 Contents of Development Agreement. (A) A development agreement shall contain all of the requirements set forth in Section 9.64.050; (B) A development agreement may include conditions, terms, restrictions and requirements for subsequent land use entitlements with respect'to the project, or portions thereof; provided, that such conditions, terms, restrictions and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. (C) A development agreement may include a covenant between the parties to the agreement to form any assessment district, benefit district, maintenance district or similar district, or undertake any other procedure, for the installation or maintenance of required or necessary on -site or off -site improvements or infrastructure, pursuant to the terms and conditions described in the agreement, or it may contain a covenant between the parties to the agreement to refrain' from forming any assessment district, benefit district, maintenance district or similar district in return for the giving of other consideration by the parties thereto, in lieu of such formation. (D) A development agreement may include terms and conditions relating to developer financing of necessary public facilities and subsequent reimbursement over time. (E) A development agreement may include the developer's agreement to change the design details of any type of improvement to the project, as such details may be given in any land use entitlement approved prior to the date the application for the agreement is filed and identified in the agreement; provided, however, that if the agreement shall be terminated at the behest of the city, or if all or any portion of the development agreement should be invalidated, so that the developer does not receive the benefit of the consideration to be given by and to him -2- CJK/ORD1997 pursuant to the agreement, the original text of the land use entitlements, as they existed prior to the date the application for the agreement was filed shall continue in full force and effect, and the developer shall have his original rights and remedies with respect thereto. (F) A development agreement may include such other covenants, conditions, restrictions, requirement, rules, regulations, policies, terms and standards as may be agreed upon by the parties. Section 9.64.040 Preliminary Review. No application for filed with the director of city council has decided, a proceed with consideration preliminary review shall be community development and s established by resolution o shall consist of a general agreement, which descriptio the identity of the parties description of the project, consideration for, the agre conduct a review of the req shall transmit a report and council relative to whether the proposal. The city cle name the request is submitt prior written notice of the request shall be considered to be heard. In the event proceed, an application may 9.64.050. a development agreement shall be community development, unless the fter a preliminary review, to of the proposal. Request for submitted to the director of hall be accompanied by a fee, as f the city council. The request description of the proposed n shall include, at a minimum, and property, a brief and the term of, and ement. The director shall nest. Thereafter, the director recommendation to the city the city should further consider rk shall give the person in whose ed not less than ten (10) days date, time and place when the and of the right of said person the city council decides to be filed pursuant to Section Section 9.64.050 Application Requirements Application for a development agreement shall be filed with the director of community development on forms provided by the director and shall be accompanied by a filing fee, as established by resolution of the city council, and a proposed form of the development agreement, as specified in Section 9.64.060. Section 21.64.060 Proposed Form of Development Agreement. The proposed form of the development agreement shall consist of plans and narrative relative to the following: -3- CJK/ORD1997 (1) The identity of parties to the agreement; (2) A legal description of the entire area of the property subject to the agreement; (3) The nature of the applicant's legal or equitable interest in the property; (4) A complete description of the project, including: uses of the property; the relationship to adjacent properties; the density of residential uses; the intensity of nonresidential uses; the maximum height and size of structures; on -site and off -site traffic and circulation plans; and open space and recreation areas and facilities; (S) A description of any geological; seismic or other safety hazard present on the property and measures proposed to mitigate the same; (6) Provisions for reservation or dedication of land for public purposes; (7) The identification and incorporation by reference of the land use entitlements for the project, and any phase thereof, granted or approved by the city prior to the date the ap- plication for the agreement was filed; (8) The identification of the types of land use entitlements for the project, or any phase thereof, which must be considered for approval by the city for the project in order to build the project, or the phase; (9) The identification and incorporation by reference of existing rules, regulations and official policies that are applicable to the project, and any phase thereof, at the date of the agreement; (10) A description of the consideration for the agreement and a description of the dates or conditions upon which it is to be given; (11) The proposed starting and completion date for the project, and any phase thereof; (12) The term of the agreement; -4- CJK/ORD1997 (13) A statement of the relationship of the agreement to the general plan and any applicable specific plan; (14) A description of the remedies of the parties to the agreement; and (15) A provision that the conditions of the agreement are binding upon, and inure to the benefit of, all successors in interest to the parties to the agreement. Section 9.64.070 Review of Application. After determining that the application is complete pursuant to Government Code Section 65940 et se g., the director of community development shall conduct a review of the proposed development agreement. Thereafter, the director shall prepare a staff report and recommendation and shall set the matter for public hearing by the planning commission. Section 9.64.080 Recommendation by Planning Commission. The planning commission shall hold a public hearing on each application for a development agreement at the time and place set for such hearing. Notice of intention to consider recommendation of an agreement shall be given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the agreement. If and when State law prescribes a different notice requirement, notice shall be given in that manner. The commission may, whenever it deems such action necessary or desirable, continue such hearing to a time, date and place certain. After the hearing, the commission shall recommend to the city council approval, approval with modifications, or denial of the development agreement. Section 9.64.090 Action by City Council. Upon receipt by the city council of the recommendation of the planning commission on an application for a development agreement, the city clerk shall set the matter for public hearing by the city council. The city council shall hold the public hearing at the time and place set therefore. Notice of intention to consider adoption of an agreement shall be given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in -5- CJK/ORD1997 addition to any other notice required by law for other actions to be considered concurrently with the agreement. If and when State law prescribes a different notice requirement for development agreements, notice shall be given in that manner. The city council may, whenever it deems such action necessary or desirable, continue such hearing to a time, date and place certain. After the hearing, the council shall take action to approve, approve with modifications or deny the agreement. Development agreements shall be approved by ordinance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the agreement. Section 9.64.100 Findings for Approval. The planning commission shall not recommend approval, and the city council shall not grant approval, of a development agreement, or an amendment thereto, unless the following findings are made: 1. The provisions of the agreement are consistent with the general plan and any applicable specific plan; and 2. The provisions of the agreement are consistent with this chapter. Section 9.64.110 Designation on Zoning Map. Upon the effective date of approval by the city council of a development agreement, the subject property shall be identified on the zoning map of the city by the designation "DA" followed by the dates of the term of the agreement. Said identification shall be removed from the zoning map upon termination or expiration of the agreement, or upon completion in full of the agreement. Section 9.64.120 Amendment or Termination By Mutual Consent. A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to the agreement. Notice of intention to amend or terminate an agreement and the manner thereof shall be subject to Sections 9.64.080, 9.64.090 and, as applicable, 9.64.100 of this chapter. Amendment of the agreement shall be by ordinance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the amendment. -6- CJK/ORD1997 Section 9.64.130 Regulations Effecting Development Agreement. (A) In the event that state or federal laws or regulations, enacted after a development agreement has become effective, prevent or preclude compliance with one or more provisions of the agreement, such provisions shall be deemed modified or suspended as necessary to comply with such state or federal laws or regulations. (B) A development agreement shall not prevent the city, in subsequent actions applicable to the project, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies that are applicable to the project as set forth in the agreement. Nor shall an agreement prevent the city from denying, conditionally approving or approving any subsequent project proposed for the property on the basis of such rules, regulations and policies that are applicable to the project at the date of the denial or approval. (C) A development agreement shall not prevent the city from approving minor modifications to any land use entitlement identified in the agreement, provided that the approval is in accordance with the applicable provisions of the zoning ordinance relative to such entitlement. Section 9.64.140 Recordation of Agreement. No later than ten (10) days after the ordinance approving the development agreement, or any amendment thereto or termination thereof, is approved by the city council, the city clerk shall record a copy of the agreement, amendment or termination with the county recorder. Section 9.64.150 Annual Review Procedures. (A) Not less than thirty -five (35) days prior to the annual anniversary of the effective date of the agreement, the developer shall file an application with the director of community development requesting review of the agreement. The application shall be accompanied by a filing fee, as established by resolution of the city council, and by plans and a narrative describing the following: (1) The completion of any aspect of the agreement during the twelve (12) months prior to the anniversary date; -7- CJK/ORD1997 (2) The progress made towards completion of all other aspects of the agreement during the twelve (12) months prior to the anniversary date; and (3) An explanation, with supporting information, of aspects of the agreement where good faith compliance has not been achieved during the twelve (12) months prior to the anniversary date, and proposals for corrective action to achieve such compliance. (B) After determining that the application for review is complete, the director of community development shall prepare a report and recommendation and transmit the same to the city council. The city clerk shall give the applicant not less than ten (10) days prior written notice of the date, time and place when the report and recommen- dation shall be considered, which shall not be more than thirty -five (35) days after the application for review was determined to be complete, and of the right of the applicant to be heard. Unless the city council finds and determines, on the basis of substantial evidence, that the developer has complied in good faith with the agreement, it shall refer the application to the planning commission. If there is good faith compliance with the agreement, the annual review process shall be deemed complete and no further action shall be taken pursuant to this section. (C) The planning commission shall consider any application for review referred from the city council at a public hearing held within thirty -five (35) days after the applicant has paid to the city clerk a hearing fee, as established by resolution of the city council. Notice of intention to review the development agreement and the manner thereof shall be subject to Section 9.64.080. If, as a result of the public hearing, the planning commission finds and determines, on the basis of substantial evidence, that the developer has not complied in good faith with the agreement, the commission shall recommend to the city council that the agreement be amended or terminated. A recommendation to amend the agreement shall be subject to Section 9.64.100. (D) Any party aggrieved by a decision of the planning commission that the developer has complied in good faith with the development agreement may appeal to the city council in accordance with Sections 8163 -4.1 and 8163 -4.2 of the County of Ventura Ordinance Code or any successor thereto. -8- CJK/ORD1997 (E) Within thirty -five planning commission recommends ti development agreement be amended is filed, the city council shall thereon. Notice of intention to termination of the agreement and subject to Section 9.64.090. (35) days after the D the city council that a or terminated or an appeal hold a public hearing consider amendment or the manner thereof shall be (F) After the hearing, the city council shall take action either to continue the development agreement in the manner and form approved, or to amend or terminate the agreement on the basis of substantial evidence that the developer has not complied in good faith with the agreement. Action to amend the agreement shall be subject to Section 9.64.100. (G) In the event the developer fails to execute the amendment to the development agreement and serve it upon the city clerk within fifteen (15) days after the city clerk serves the developer with the amendment, as acted upon by the city council, the agreement shall be deemed terminated for cause. Service of said amendment shall be deemed complete upon personal delivery or upon deposit in the U.S. mail, postage prepaid, addressed to the city clerk at city hall and to the developer at the mailing address shown on the application for review. Amendment of the agreement shall be by ordinance of the city council, which ordinance shall not be adopted by the city council unless the executed amendment is timely received from the developer. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council declares that it would have adopted this Ordinance and every section, subsection, sentence, clause, phrase, part or portion thereof, in respective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. That this ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days -9- CJK/ORD1997 after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Passed and adopted this 16 1985. ATTEST: /J� City ler CJK /ORD1997 day of December C-I , /a-) / , VAX/✓ P'— W v is..(( �- M or of the City of Moorpark California -10- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I • DOR of the City of Moorpark, foregoing Ordinance No. the City of Moorpark, at 16th day of December by the following vote, t, IS D. BANKUS , City Clerk Calfiornia, do hereby certify that the 59 was adopted by the City Council of a regular meeting thereof, held on the 1985, and that the same was adopted D wit: AYES: Councilmembers Yancy- Sutton, Ferguson, Prieto, Woolard and Mayor Weak; NOES: None; ABSENT: Nor_e. WITNESS my hand and the official seal of said City this 2nd day of December , 1985. (SEAL)