HomeMy WebLinkAboutRES NO 122-85RESOLUTION NO. 122-85
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ESTABLISHING PROCEDURES AND REQUIRE-
MENTS FOR THE CONSIDERATION OF DEVELOPMENT
AGREEMENTS.
WHEREAS, Government Code Section 65864 et seq. author-
izes cities to enter into binding development agreements with
persons having legal or equitable interests in real property for
the development of such property; and
WHEREAS, said provisions of the Government Code author-
ize cities to establish procedures for the consideration of
applications for such development agreements; and
WHEREAS, the adoption of such regulations is in the pub-
lic interest and the public health, safety and general welfare
will be promoted thereby.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. The Council of the City of Bakersfield hereby adopts
the procedures and requirements for the consideration of develop-
ment agreements as set forth in Exhibit "A" attached hereto and
made a part hereof as though fully set forth herein.
2. The Council of the City of Bakersfield hereby
instructs the Planning Director to prepare and adopt such appli-
cation forms, checklists and such other documents as he considers
necessary to implement the procedures and requirements set forth
in Exhibit "A".
3. This resolution shall become operative and effective
immediately.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 28th day of August ,
1985, by the following vote:
CITY C~ERK and Ex Officio' Clerk of the
Council of the City of Bakersfield
APPROVED this 28th day of August , 1985
MAYOR of the City of/Bakersfield
APPROVED as to form:
CIT~ ATT0~NEY of ~he City of Bakersfield
AJS/bl 2
R.DEV
EXHIBIT "A"
REGULATIONS ESTABLISHING PROCEDURES AND REQUIREMENTS
FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS
Article 1.
Applications
Section 101 - Authority for adoption. These regula-
tions are hereby adopted pursuant to the authority of Government
code Section 65864 et seq.
Section 102 Forms and information.
A. The Planning Director shall prescribe the form for
each application, notice and document provided for or required
under these regulations for the preparation and implementation of
development agreements. Prior to the preparation of such forms,
the City Council may permit an application to be submitted and
processed if it is in a form satisfactory to the City Attorney.
B. The Planing Director may require an applicant to
submit such information and supporting data as he considers nec-
essary to process the application.
Section 103 - Fees. The City Council shall, by resolu-
tion, fix the schedule of fees and charges imposed for the filing
and processing of each application and document provided for or
required under these regulations. The fee may be waived in whole
or in part by the City Council.
Section 104 - Qualification as an applicant. Only a
qualified applicant, or a duly authorized agent thereof, may file
an application to enter into a development agreement. A quali-
fied applicant is a person who has legal or equitable interest in
the real property which is the subject of the development
agreement. The Planning Director may require an applicant to
submit proof of his interest in the real property and of the
Exhibit "A", Cont.
authority of the agent to act for the applicant. Before process-
ing the application, the Planning Director shall obtain the opin-
ion of the City Attorney as to the sufficiency of the applicant's
interest in the real property to enter into the agreement.
Section 105 - Proposed form of agreement. Each applica-
tion shall be accompanied by the form of development agreement
proposed by the applicant. This requirement may be met by desig-
nating the City's standard form of development agreement and
including specific proposals for changes in or additions to the
language of the standard form.
Section 106 - Review of application. The Planning
Director shall endorse on the application the date it is
received. The Planning Director shall review the application and
determine the additional requirements necessary to complete the
agreement. He shall review the application and may reject it, if
it is incomplete or inaccurate, for processing. If he finds that
the application is complete, he shall accept it for filing.
After receiving the required information, the director shall pre-
pare a staff report and recommendation and shall state whether or
not the agreement proposed or in an amended form would be consis-
tent with the Bakersfield Metropolitan Area General Plan.
Article 2.
Notices and Hearing
Section 201 - Duty to give notice. The Planning
Director shall given notice of intention to consider adoption of
development agreement and of any other public hearing
law or these rules.
Section 202 - Requirements for form and time
of
required by
of notice
intention to consider adoption of development agreement.
2
Exhibit "A", Cont.
A. Form of
to consider adoption
1.
2.
giving notice is
1.
notice. The form of the notice of intention
of development agreement shall contain:
the time and place of the hearing;
a general explanation of the matter to be
considered including a general description of
the real property
hearing; and
other information
that is the
required by
of these regulations or which
subject of the
specific provision
the Planning
than 1,000,
alternative,
tisement as
65091(a)(3).
Director considers necessary or desirable.
Time and manner of notice. The time and manner of
by:
Publication. Publication at least ten (10) days
before the hearing at least once in a newspaper
of general circulation in the City.
2. Mailing. Mailing or delivery of the notice to
the owner of the subject real property or his
authorized agent, to the project applicant, and
to all owners of real property as shown on the
latest equalized assessment roll within 300 feet
of the property which is the subject of the pro-
posed development agreement. If the number of
owners to whom notice is to be mailed is greater
the Planning Director may, as an
provide notice by display adver-
set forth in Government Code Section
Notice shall also be mailed or delivered at
least ten (10) days prior to the hearing to each
local agency expected to provide water, sewage,
3
Exhibit "A", Cont.
streets, roads, schools or other essential faci-
lities or services to the project, whose ability
to provide those facilities and services may be
significantly affected.
4. Notice shall also be mailed or delivered at
least ten (10) days prior to the hearing to each
person who has filed a written request therefor
as set forth in Government Code Section 65092.
C. Additional notice. The Planning Commission or the
City Council, as the case may be, may direct that notice of the
public hearing to be held before it shall be given in a manner
that exceeds the notice requirements prescribed by State law.
D. Declaration of existing law. The notice require-
ments referred to in subsections A. and B. of Section 202 herein
are declaratory of existing law (Government Code Section 65867,
and Sections 65040 and 65091, as incorporated by reference). If
State law later prescribes a different notice requirement, notice
shall be given in that manner.
Section 203 - Failure to receive notice. The failure of
any person entitled to notice required by law or these regula-
tions to receive notice shall not affect the authority of the
City to enter into a development agreement.
Section 204 - Rules governing conduct of hearing. The
public hearing shall be conducted as nearly as may be in accor-
dance with the procedural standards adopted under Government Code
Section 65804 for the conduct of zoning hearings. Each person
interested in the matter shall be given an opportunity to be
heard. The applicant has the burden of proof at the public hear-
ing on the proposed development agreement.
Exhibit "A", Cont.
Section 205 - Irregularity in proceedings. No action,
inaction or recommendation regarding the proposed development
agreement shall be held void or invalid or be set aside by a
court by reason of any error, irregularity, informality, neglect
or omission ("error") as to any matter pertaining to petition,
application, notice, finding, record, hearing, report, recommen-
dation, or any matters of procedure whatever unless after an exa-
mination of the entire case, including the evidence, the court is
of the opinion that the error complained of was prejudicial and
that by reason of the error the complaining party sustained and
suffered substantial injury, and that a different result would
have been probable if the error had not occurred or existed.
There is no presumption that error is prejudicial or that injury
was done if error is shown.
Article 3.
Standards of Review, Findings and Decision
Section 301 - 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 or not the development agree-
ment proposed:
A. is consistent with the objectives, policies and gen-
eral land uses specified in the General Plan and any applicable
specific plan;
is compatible with the uses authorized in, and the
prescribed for, the zone in which the real property
regulations
is located;
C.
is in conformity with public convenience,
welfare and good land use practice;
general
Exhibit "A", Cont.
D. will be detrimental to the health, safety and gen-
eral welfare; and
E. will adversely affect the orderly development of
property or the preservation of property values.
Section 302 - Decision by City Council.
A. After the City Council completes the public hearing,
it may accept, modify or disapprove the recommendation of the
Planning Commission. It may, but need not, refer matters not
previously considered by the Planning Commission during its hear-
ing back to the Planning Commission for report and recommen-
dation. The Planning Commission may, but need not, hold a public
hearing on matters referred back to it by the City Council.
B. The City Council may not approve the development
agreement unless it finds that the provisions of the agreement
are consistent with the General Plan and any applicable specific
plan.
Section 303 - Approval of development agreement. If the
City Council approves the development agreement, it shall do so
by the adoption of an ordinance.
the development agreement takes
the agreement.
After the ordinance approving
effect, the City may enter into
Article 4.
Amendment and Cancellation of Agreement by Mutual Consent
Section 401 - Initiation of amendment or cancellation.
Either party to a development agreement may propose an amendment
to or cancellation in whole or in part of the development agree-
ment previously entered into.
Section 402 - Procedure. The procedure for proposing
and adopting an amendment to or cancellation in whole or in part
of a development agreement is the same as the procedure for
6
Exhibit "A", Cont.
entering into an agreement in the first instance as set forth in
Articles 1 through 3 herein. However, where the City initiates
the proposed amendment to or cancellation in whole or in part of
the development agreement, it shall first given notice to the
applicant of its intention to initiate such proceedings at lest
fifteen (15) days in advance of the giving of notice of intention
to consider the amendment or cancellation required by Section 202
herein.
Article 5.
Recordation
Section 501 - Recordation of development agreement,
amendment or cancellation.
A. Within ten (10) days after the City enters into the
development agreement, the City Clerk shall cause the agreement
to be recorded with the County Recorder.
B. If the parties to the agreement or their successors
in interest amend or cancel the agreement as provided in
Government Code Section 65868, or if the City terminates or modi-
fies the agreement as provided in Government Code Section 65865.1
for ~ailure of the applicant to comply in good faith with the
terms or conditions of the agreement, the City Clerk shall cause
notice of such action to be recorded with the County Recorder.
City
twelve (12) months from the date the agreement is
Section 602 - Notice of periodic review.
Director shall begin the review process by giving
Article 6.
Periodic Review
Section 601 - Time for and initiation of review. The
shall review the development agreement at least once every
entered into.
The Planning
notice that the
Exhibit "A", Cont.
City intends to undertake a periodic review of the development
agreement to the property owner. The director shall give the
notice at least thirty (30) days in advance of the time at which
the matter will be considered by the City Council.
Section 603 - Referral to Planning Commission. The City
Council may refer the matter to the Planning Commission for fur-
ther proceedings or for report and recommendation.
Section 604 - Public hearing. The City Council shall
conduct a public hearing at which the applicant must demonstrate
good faith compliance with the terms of the agreement. The bur-
den of proof on this issue is upon the applicant.
Section 605 - Findings upon public hearing. The City
Council shall determine upon the basis of substantial evidence
whether or not the applicant has, for the period under review,
complied in good faith with the terms and conditions of the
agreement.
Section 606 - Procedure upon findings.
A. If the City finds and determines on the basis of
substantial evidence that the applicant has complied in good
faith with the terms and conditions of the agreement during the
period under review, the review for that period is concluded.
B. If the City finds and determines on the basis of
substantial evidence that the applicant has not complied in good
faith with the terms and conditions of the agreement during the
period under review, the City may terminate the agreement, or
with the concurrence of the applicant, may modify the agreement.
8
Exhibit "A", Cont.
Article 7.
Modification or Termination
Section 701 - Proceedings upon modification or termination.
If, upon a finding under Section 606 B. herein, the City Council
determines to proceed with modification or termination of the
agreement, the City Council shall give notice to the property
owner of its intention so to do. The notice shall contain:
A. the time and place of the hearing;
B. a statement as to whether or not the City Council
proposes to terminate or modify the development agreement;
C. other information which the City Council considers
necessary to inform the applicant of the nature of the proceeding.
Section 702 - Hearing on modification or termination.
At the time and place set for the hearing on modification or ter-
mination, the applicant shall be given an opportunity to be
heard. The City Council may refer the matter back to the
Planning Commission for further proceedings or for report and
recommendation. The City Council may impose those conditions to
the action it takes as it considers necessary to protect the
interests of the City. The decision of the City Council shall be
final.