Loading...
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.