HomeMy WebLinkAboutCC Ord 1247 1987-07-20
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ORDINANCE NUMBER /;?t/1
AN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING
PROCEOURES AND REQUIREMENTS FOR THE CONSIDERATION OF
OEVELOPMENT AGREEMENTS, AND AMENDING THE CODE OF THE
CITY OF SEAL BEACH, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY OROAIN:
Section 1.
Chapter 28 of the Code of the City of Seal
Beach, California is hereby amended to add
Article 27.5 to read:
Article 27.5. Oevelopment Agreements
Section 28-2751. Authority and Scope. This article is adopted
pursuant to Government Code Sectlon 65864 et. seq. All
developmer.t agreements entered into after the effective date of
this artir.le shall be processed in accordance with the provisions
of this article.
Section 28-2752. Commission Shall Prescribe Form of Application
Blanks and T e of Re ulred Informatlon.
e annlng ommlSSlon s a prescribe the form in which
all applications are made for the preparation, processing and
implementation of development agreements.
(B) All applications shall include as
concurrent land use actions and
reference, the following information:
separate documents, and/or
supporting documents by
( 1 )
(2 )
(3)
(4)
(5 )
(6)
(7)
(8)
(9)
Duration of the agreement;
The permitted uses of the property;
The density or intensity of use of the property;
The maximum height and size of proposed buildings;
Provisions for reservation or dedication of land for
public purposes;
Fiscal impact statement;
Phasing and project completion date;
Consistency with the General Plan and any applicable
Specific Plan;
Development agreement proposed by the applicant.
(C) The Director of Development Services may require an
applicant for a development agreement to submit such information
and supporting data as the Oirector considers necessary to
process the application.
Section 28-2753. Fees. A fee covering all costs and expenses,
lncludlng any consultants' fees and City Attorney fees, incurred
by the City in processing an application for a development
agreement shall be charged to the applicant.
Section 28-2754. Qualified A~Plicant. An application for
development agreement may only e flied by a person who has a
legal or equitable interest in the real property for which a
development a~reement is sought or the authorized representative
of such a person.
Section 28-2755. Inyestigations. The Director of Oevelopment
SerVlces shall reVleW the application and determine the
additional requirements necessary to complete the agreement, and
may reject the application if it is not completed in the manner-
Ordinance Number /~j1
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required by this chapter. After recelvlng the required
information, the Department of Oevelopment Services shall
investigate and report to the Planning Commission all facts
bearing upon the application. The staff report shall analyze the
proposed development and shall contain a recommendation as to
whether or not the development agreement proposed or in an I
amended form would be consistent with the General Plan or any
applicable specific plan.
Section 28-2756. Setting Hearings. All applications for
development agreements shall be set by the secretary of the
Planning Commission for public hearing when such hearings are to
be held before t~~ Pl~nning Commission. The Planning Commission
may consider adoption of a development agreement concurrently
with, and as part of the required public hearing for,
consideration of related land use proposals.
All applications for development agreements shall be set by the
City Clerk for public hearing when such public hearings are to be
held before the City Council, and upon receipt of a motion,
recommendation or resolution from the Planning Commission. The
City Council may consider adoption of a development agreement
concurrently with, and as part of the required public hearing
for, consideration of related land use proposals.
Section 28-2757. Notices. Notice
hearings to consider adoption of the
be given in the following manner:
.
of time and place of public
development agreement shall
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Notice of the hearing shall be mailed or delivered at
least 10 days prior to the hearing to the owner of the
subJect real property or the owner's duly authorized
agent, and to the project applicant.
(2) Notice of the hearing shall be mailed or delivered at
least 10 days prior to the hearing to each local agency
expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to
the project, whose ability to provide these facilities
,and services may be significantly affected.
(1 )
.. (3) Notice of the hearing shall be mailed'or delivered at
least 10 days prior to the hearing to all owners of
real property as shown on the latest equalized
assessment roll within 300 feet of the real property
that is the subject of the hearing.
(4)
Notice of the hearing shall
of general circulation not
the hearing date.
be published in a newspaper
less than ten days before
Notice as provided herein
notice required for actions
development agreement.
shall be given in addition to any
considered concurrently with the
Public notice of
Public Hearing, "
the property under consideration, a
of the development agreement, and the time
the public hearing or hearings on the matter
Section 28-2758. Re uired Wordin
earlngs s a conS1S
and the description
general explanation
and place at which
will be held.
Section 28-2759.
ommlSSlon.
on the proposed
specified in the notice
recommendation thereon to the
forth in this article.
of Planning
lC earlng
time and place
hearing, and make a
in the manner set
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Ordi nance Number /:241
This recommendation shall be in the form of a resolution and
shall include whether or not the proposed development agreement:
(A)
Is consistent with the objectives.
land uses and programs specified in
and any applicable specific plan.
Is compatible wi~h the uses authorized
in which the real property is located.
policies, general
the General Plan
( B)
in the district
(C)
Is in conformity with
convenience, general
practices.
the public necessity, public
welfare, and good land use
( D)
Will be detrimental
convenience, general
practices.
to the public necessity, public
welfare and good land use
affect the orderly development of
(E) Will adversely
property.
(F) Will have a positive fiscal impact on the City.
The Planning Commission shall forward its recommendation to the
City Council within 30 days of the time specified for the public
hearing in the notice of public hearing.
Section Z8-2760. Hearing by City Council.
W1th1n forty calendar days following receipt of the
recommendation of the Planning Commission or within forty
calendar days following the expiration of the time period
specified in Section 28-2759, the City Counc~l shall conduct a
public hearing to consider the proposed development agreement.
Public notice of the hearing shall be given as provided for in
Sections 28-2757 and 28-2758.
Section 28-2761. Modifications to be Referred to the Planning
Comm1ssion. If the C1ty Counc11 proposes any substantial
mod1f1cations to the recommendations of the Planning Commission,
which modifications were not previously considered by the
Planning Commission during its hearings, such modifications shall
first be referred to the Planning Commission for its
recommendation. The failure of the Planning Commission to report
within 45 calendar days after the referral, or within the time
otherwise set by the Council, shall be deemed a recommendation
for approval of the modification.
Section 28-2762. Decision by Cit~ Council. '
The C1ty Counc11 may accept, mod1fy or disapprove the proposed
development agreement. The developm~nt ~greement may not be
approved unless the City Council finds that the development
agreement is consistent with the General Plan and any applicable
specifi c plan.
Section 28-2763. Cit{ Council to Announce Decision by Ordinance.
lhe C1ty Counc11 shal act by ord1nance to approve a development
agreement. Upon adoption of the ordinance. the City shall enter
into the development agreement by the execution thereof by the
City Manager. The Statute of limitation to protest the adoption
of a development agreement shall be limited to that described in
Section 65009 of the California Government Code.
Section 28-2764. Amendment and Cancellation. A development
agreement may be amended, or cancelled 1n whole or in part, by
mutual consent of the parties to the agreement or their
successors in interest. The procedure for proposing and
approving an amendment to, or cancellation in whole or in part of
a development agreement shall be the same as the procedure for
Ordinance Number ~
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entering into a development agreement.
section 28-2765. Recordation. No later than ten (10) days after
the Clty enters lnto a development agreement, the City Clerk
shall record with the County Recorder a copy of the development I
agreement. If the parties to the agreement or their successors
in interest amend or cancel the agreement, or if the City
modifies or terminates the agreement as provided for under
Section 28-2766, the City Clerk shall record such action with the
County Recorder.
Section 28-2766. Periodic Review. In order to ensure good faith
compllance wlth approved development agreements, the City Council
shall review each development agreement at least once every
twelve (12) months from the date the development agreement is
entered lnto until expiration of the term of the agreement. The
f~llowing procedures shall be observed for such periodic review:
(A) The Director of Development Services shall give the
applicant or successor in interest thereto at least
thirty (30) days advance notice of the time at which
. ',the City Council will review the development agreement.
(B)' The 'city Council may refer the matter to the Planning
'Commission for further proceedings, or for a report and
recommendation.
If, as a result of such periodic review. the City
Council finds and determines.' on the basis of
substantial evidence. that the applicant or successor
in interest thereto has not complied in good faith with
the terms or conditions of the development agreement,
the 'City Council may commence proceedings to enforce.
modify or terminate the development agreement.
Section 28-2767. Modification or Termination.
:( C)
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If, upon making the finding provided in Section 28-2766(c), the
ctty, Council determines to proceed with modification or
termination of the development agreement, the City Council shall
give notice to the applicant or successor in interest thereto of
its intention to do so. The notice shall contain:
,0
( 1 )
(2)
The time and place of the hearing;
A statement as
proposes to
agreement;
to whether
modify or
or not
terminate
the
the
City Counc il
development
(3)
(4)
Any proposed modification to the development agreement;
other information which the City
necessary to inform the applicant
interest thereto of the nature of the
Council considers
or successor in
heari ng.
At the time set. for the hearing on the modification or I
termination, the City Council may refer the matter back to the
Planning Commiss,ion for further proceedings or for report and
recommendation. The City Council may take such action as it
deems necessary to protect the interests of the City. The
decision of the City Council shall be final.
A development agreement shall
lca e 0 any eve opment project located in an area
for which a local coastal program is required to be prepared and
certified pursuant to the requirements of Division 20 (commencing
with Section 30000) of the Public Resources Code, unless:
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Orrlinance Number /:lL/1
(1) the required local coastal program has been certified as
required by such provisions prior to the date on which the
development agreement is entered into, or (2) in the event
that the required local coastal program has not been
certified, the California Coastal CommissiQ~ approves such
development agreement by formal commission action.
Section 28-2769. Medification/Suspension. In the event that
state or federal laws or regulatlons, enacted after a development
agreement has been entered into, prevent or preclude compliance
with one or more provisions of the development agreement, such
provisions of the agreement shall be modified or suspended as may
be necessary to comply with such state or federal laws or
regulations.
Section 28-2770. Harmless and Pre'udicial Error. No action,
lnac lon or recommen a lon regar lng any eve opment agreement by
the planning commission or city Council shall be held void or
invalid or be set aside by any court on the grounds of the
improper admission or rejection of evidence or by reason of any
error, irregularity, informality neglect or omission (hereinafter
called "error") as to any matter pertaining to petitions,
applications, notices, findings, records, hearings, reports,
recommendations, or any matters of procedure whatever, including,
but not limited to, those included in this section, unles~ after
an examination of the entire case, including the evidence, the
court shall be of the opinion that the error complained of was
prejudicial, and that by rp.ason of such error the party
complaining or appealing sustained and suffered substantial
injury, and that a difterent result would have been probable if
such error had not occurred or existed.
PASSED, APPROVE ~ 0 ADOPTED by the City Council of the City of
Seal Blach, Calif ,n'a, at a regular meeting thereof held on the
ttl/Jr-J. day of, , 1987, by the follo)i4ng vote:
AYES, co:"" 0'.' '" &I;ri~i/f~,.)
NOES: Councilmembers ~
ABSENT:
ABSTAIN:
Councilmembers
Councilmembers
ATT(!-: l
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1 y;, er
S'IM'E 01 CALIF'ORNIA )
rnursk{ CF OlWQ ) ss
CITY OF SEAL BElICH )
I, Joanne M. YED, City Clerk of the City of Seal Beach, California, do hereby
~ that the foregoinJ Ordinance is an original copy of Ordinance NIm1ber
on file in the of; c of the City Clerk, passed, approved, and adopted
the 't~,Council of . of Seal Beach at a regular meeting thereof held
OJ;\.' ~ day of , 1987.
Cit
Ordinance Number ~~~;1
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PROOF OF PUILICATIOH
, C2015.5 C.C. P.)
STATE OF CALIFORNIA,
County of Orlnge
~.
I am I citizen of the United Stlt.. and a
resident of the County Ifore..ld; I 1m over
the age of eighteen yelrl, Ind not I party to
or Interested In the above..ntltled matter. I
1m the principal clerk of the IIrlnter of the
SEAL BEACH JOURNAL
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I newspaper of general clrculltlon, printed
WEEKLY ,
..,d publllhed ..................................
SEAL JfEACH
In the City of ...................................
County of Orlnge, and which new.,
paper has been adludged I ntwlpelM"
of generll circulation by the Superior
Court of the County of Orange, Statt of
.
California, under the dlte otrr!:~~; 1. ,1.;'
.. . /\-82583
Case Number /::1..7............, thlt the notice,
of which the annexed Is I printed copy C..t .
in type not 'smaller than' nonperellJ, h.
been published In each regullr Ind entire
IlSue of sald"newspaper and not In any
supplement therJOf on the following det..,
to-wlt: .
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, IUJn t elr 19..~.1.
I certify Cor declar..l under penalty of
perlury thlt the foregoing II, true and
correct.
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California, thIL~~..,dIy ~ ",\i.1.
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, CALIFORNIA NEWSPAPER SERVICI
BUREAU, tNC.
Legll Advertlllng Clearing Hou..
120 Welt Second 51'1, Los Angel.., Calif. 90012
, Telephone: 12131 121-2141
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Thll, specell for the County Clerk'l Filing Stamp
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Proof of Publication of . If
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, NOTICE OF PUIUC HEARIIG r.
NOTICE IS HEREBY GIVEN "'.. 1/10
C'Iy Colincil 011/10 Cily 01 SoaI Beoch:
';11 ho&d. publIC hl!!.;nl an Monday,.
July6,1987..t7.00p.m. in the City .
Council Chamblrl, 211 . Eilhth I
Street. Seal Beach, Cllifarnill. to can-
sid. the Iollawinlltem: '
ZONIlG TEXT AIIENDIIEN1' H7 :
o.eloCMMnl ApenIOIIb ','
A_" ",,"1C~,_2801'" l
Mlnk:ipel COde to establish pro-
ceduntS 'and nlqUlrementl far ,
develoPment aareements. ...,
Code __ 28-2600; 28-2tiOl ~
ErMlOftmentll RlWin: A NepthI :
Dee'-rll"," h. been prepared in- .
lieu 01 .. Environmentol lmplClll
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At. the." time end pilei. allln--i
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DATED "'Is IBIh day 01 i.... 1987. ..
E_ M, Kni&ht, ,-
Director of 0evIkJpmtnI. Services ~
, June 25.1987.
Published in The SIll. BeM:h JaumII I
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_Ordinanc,:N~ber ~.?~;1
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Count, ,,; Or.....
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County of ~I.' Ind which IlIWI,
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of lIenerel circulation by the lUPIN'
Court of the County of Qr~, Itlt, of
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CALIFORNIA NEWSPAPIR II.Vle.
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. .' l.8gal Adv.rtlllng CIHrlng Moull
'10 WeI. Secpnc....., Loa AnIl.I... ClIIf. .IZ
T.",,1Io1lt1 12'31 121-1114'
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, ORDINANCE "UMBER 1207
ZOIlING TEXT AMENDMENT 1087.
I: DEVELOPMENT AGREEMENTS
r OrdInlnce Number 1247 of ttNi CIty of
I Sell Belch, IStIblishlna: procedures
. Ind l8Quiremenrs for the CDlSlderation
of development II'ftrnents. WIS in-
\rod~ and COnsidtlld under publIC
I .Innlll the SIal Beach City Coun-
" cll_I.._lnlofJu~6th 1987
. First reldilll of OnhRlnce NumDe;
. 1247,..., lP_d by the ""lowing
,-, .
, AYES: Clift, Hunt, Risner, WilDt
. NOES: None Motion carried
} O~lnance Number 1247 will receive
J second readinllnd be considered for
adopbon'lt the relll"r City Council
~ ~naofMonday,J:dy20th,I987.
" Copies of Ordinance Number 1247 .eo
MIIb" In ttlf"cff:coe 01 the City Clerk
. . City Hili, 211 . &t."I Street, Sui
. 1Ieoch, tolopf1onj, l2U) 431,2527.
, DATED thIS 71h d3y of Ju~, 1987.
" .Joenno M. roo, c~ CItr.
C1~ of s., B":h
I Ju~ 16, 1987
. Published IQ The Sell Bmch '-maI.
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Ordinance Number ~~j1
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PROOF OF PUBLICA TIOH
(2015.5 C.C.P.I
Thla apaclls for the County Clerk's FIling Slamp
.,
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United Stltn and I
resident ofthe County aforesaid, I am over
the ageof eighteen yellrs, and not lI.plrtv tv
or Interested in Ihe above.entltled mltler, I
am the prln I I clerk thl IDrlnter of the
1
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Proof of Publication ~f.. ......ff..1..z<fi::
. P~s;~'C1;~~; ~..(....ftP{v1
of Notice
SECURELY
In This Space
and published ...
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SUMIUWR' ,
ORDINANCE NUMBER 1M7 .1
z~ TUl' AllENDMENT 3-87. ,
DEVELOPMENT AGREEIlEHTS ,
r
Ordinance Number 1247 of the Clt)' of
Sell Such. establishing procedures
and IWIUirwnenb tar the consi~ ."
01 __'_IL"'ieoId.
....... _i,.II1d_adopb!d bylhe :.
SeoIBuch CIIy Council II It10Ir ....10'
meetinl of July 20: 1987 by the :
fo'faw\nI..... '
AVES, Clift, G.... Hunt. R_. '
Wltson .-
NOES, None Matian carrfed .
Copies 01 Qrdn,.lce Number 1247.. .
m11...1oIn lt1ooltlceollt1oCiIyClork. I
Clly HoIl. 211 . 8th Sbeel, Sell I
JleKh, 10''''_ 12131431,2527. .
DATED tIIis 21st day 01 Julr. 1987, ,/
_no M, VIO, City a.... I
C11y of Sal 8uch
Julr 3D. 1987. . '.'
Published in 1be SUI Belch JourRII. :
I,
In the City of ..
County of Or ge, a
'paper has Ii n adludged
of general clrcula lion by the Superior
Court of the County of Orange, ,State at '.
Callto,rnla, under the date o'f.?g,c..', 19 roJ;
Ca~e Number ;4;.:8~hlt thl notlcl.
Ilf which the,annexed Is a printed copy l.et
in type not 'smaller Ihan nonperelll. he.
been publiShed In each regullr .nd .ntlre
issue of said newspaper and not In .ny
supplement thereof on t e following detl..
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all in the year l,R
I certify (or declare" under pen.lty "'
perlury that the foregoing I. true IlId
correct. , );; IJ 1_,. J
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Signet a
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P,.. co...... Itd, III... '.'11I "I' I. ..e......'1III1
CALIFORNIA NEWSPAPER SERVICI
BUREAU, INC.
Legal Advertlllng Cle.rlng House
.120 W.., Second SI~, Los Angeles. C.IIf. 90012
Telepllona: 12131825.2541
",....,...... G'N",U _"' "..........
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