HomeMy WebLinkAboutCity Council - 5390 RESOLUTION NO. 5390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT
AGREEMENTS
The City Council of the City of Huntington Beach does resolve
as follows :
SECTION 1. The following procedures and requirements are
hereby established for consideration of development agreements:
Section 1 Applications
Section 2 Notices and Hearing
Section 3 Standards of Review, Findings and Decision
Section 4 Amendment and Cancellation of Agreement by Mutual
Consent
Section 5 Recordation
Section 6 Periodic Review
Section 7 Modification or Termination
Section 1 . Applications
Section 1 .1 Authority for adoption
Section 1.2 Forms and information
Section 1.3 Fees
Section 1.4 Qualification as an applicant
Section 1 .5 Proposed form of agreement
Section 1.6 Review of application
Section 1 .1 Authority for adoption. These
regulations are adopted under the authority of Government Code
Sections 65864-65869.5 .
Section 1.2 Forms and Information.
(a) The Director of Development Services shall pre-
scribe the form for each application, notice and documents pro-
vided for or required under these regulations for the preparation
and implementation of development agreements .
(b) The Director of Development Services may
require an applicant to submit such information and supporting
data as deemed necessary to process the application.
Section 1 .3 Fees. The City Council shall by
separate resolution 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 .
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Section 1.4 Qualification as an applicant. Only
a qualified applicant may file and application to enter into a
development agreement. A qualified applicant is a person who has
legal or equitable interest in the real property which is the sub-
ject of the development agreement. Applicant includes authorized
agent. The Director of Development Services may require an appli-
cant to submit proof of his interest in the real property and of
the authority of the agent to act for the applicant.
Section 1.5 Proposed form of agreement. Each
application shall be accompanied by the for of development agree-
ment proposed by the applicant.
Section 1 .6 Review of application. The Director
of Development Services shall endorse on the application the date
it is received. The application may be rejected if it is incom-
plete or inaccurate for processing. If it is determined that the
application is complete, it shall be accepted for filing. The
Director shall review the application and determine the additional
requirements necessary to complete the agreement. After receiving
the required information, a staff report and recommendation shall
be prepared which shall state whether the proposed agreement is
consistent with the general plan and any applicable specific plans.
Section 2. Notices and Hearing.
Section 2.1 Duty to give notice
Section 2.2 Requirements for form and time of
notice of intention to consider adop-
tion of development agreement
Section 2.3 Rules governing conduct of hearing
Section 2.1 Duty to give notice. The Director of
Development Services shall give notice of intention to consider
adoption of development agreement and of any other public hearing
required by law or these rules.
Section 2.2 Requirements for form and time of
notice of intention to consider adoption of development agreement.
(a) Form of notice. The form of the notice of
intention to consider adoption of development agreement shall con-
tain:
I (1) The time and place of hearing;
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(2) A general explanation of the matter to be
considered, including a general description of the area affected;
and
(3) Other information required by specific
provision of these regulations or which the Director considers
necessary or desirable.
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(b) Time and manner of notice. The time and manner
of giving notice is by:
(1 ) Publication or posting. Publication at
least once in a newspaper of general circulation, which is cir-
culated in the City of Huntington Beach.
(2) Mailing. Mailing of the notice to 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.
(3 ) Notice shall be given at least ten (10)
calendar days before the public hearing.
(c) Additional notice. The Director of Development
Services may direct that notice of public hearing be given in a
manner t{ftt exceeds the notice requirements prescribed by law.
Section 2.3 Rules governing conduct of hearing.
The public hearing shall be conducted as nearly as may be in
accordance with the procedural standards adopted under Government
Code Section 65804 for the conduct of zoning hearings. Each per-
son interested in the matter shall be given an opportunity to be
heard.
Section 3. Standards of Review, Findings and Decision
Section 3.1 Determination by Planning Commission
Section 3.2 Decision by City Council
Section 3.3 Approval of development agreement
Section 3.1 Determination by Planning Commission.
After the hearing by the Planning Commission, the Planning Com-
mission shall make its recommendation in writing to the City Coun-
cil. The recommendation shall include the Planning Commission 's
determination whether or not the development agreement proposed:
(1) Is consistent with the objectives,
policies , general land uses and programs specified in the general
plan and any applicable specific plan;
(2) Is compatible with the uses authorized in,
and the regulations prescribe for, the land use district in which
the real property is located;
(3) Is in conformity with public convenience,
general welfare and good land use practice;
(4) Will be detrimental to the health, safety
and general welfare;
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(5 ) Will adversely affect the orderly develop-
ment of property values.
The recommendation shall include the reasons for recommendation.
Section 3.2 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 recommenda-
tion. 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 develop-
ment agreement unless it finds that the provisions of the agree-
ment are consistent with the general plan and any applicable
specific plan.
Section 3.3 Approval of development agreement.
If the City Council approves the development agreement, it shall
do so by the adoption of an ordinance.
After the ordinance approving the development agreement takes
effect, the City Council may enter into the agreement.
Section 4. Amendment and Cancellation of Agreement by Mutual
Consent.
Section 4.1 Initiation of amendment or can-
cellation by mutual consent
Section 4.2 Procedure
Section 4.1 Initiation of amendment or cancella-
tion. Either party may propose an amendment to or cancellation in
whole or in part of the development agreement previously entered
into.
Section 4.2 Procedure. The procedure for pro-
posing and adoption of an amendment to, or cancellation in whole
or in part of the development agreement is the same as the pro-
cedure for entering into an agreement in the first instance.
However, where the City of Huntington Beach
initiates the proposed amendment to or cancellation in whole or in
part of the development agreement, it shall first give notice to
the property owner of its intention to initiate such proceedings
at least sixty (60) days in advance of the giving of notice of
intention to consider the amendment or cancellation required by
Section 2 .2.
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4.
Section 5 . Recordation.
Section 5 .1 Recordation of development agreement,
amendment or cancellation
Section 5.1 Recordation of development agreement,
amendment or cancellation.
(a) Within ten (10) days after the City Council
enters into the development agreement, the City Clerk shall have
the agreement recorded with the County Recorder .
(b) If the parties to the agreement or their suc-
cessors in interest amend or cancel the agreement as provided in
Government Code Section 65868, or if the City Council terminates
or modifies the agreement as provided in Government Code Section
65865.1 for failure of the applicant to comply in good faith with
the terms or conditions of the agreement, the City Clerk shall
have notice of such action recorded with the County Recorder.
Section 6 . Periodic Review
Section 6.1 Time for and initiation of review
Section 6.2 Notice of periodic review
Section 6.3 Public hearing
Section 6.4 Findings upon public hearing
Section 6 .5 Procedure upon findings
Section 6.1 Time for and initiation of review.
The City of Huntington Beach shall review the development agree-
ment every twelve (12) months from the date the agreement is
entered into.
The time for review may be modified either by agree-
ment between the parties or by initiation in one or more of the
following ways:
(a) Recommendation of the Director of Development
.Services;
(b) Affirmative vote of a majority of the Planning
Commission;
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(c) Affirmative vote of a majority of the members
of the City Council .
Section 6.2 Notice of periodic review. The
Director of Development Services shall begin the review proceeding
by giving notice that the City of Huntington Beach intends to
undertake a periodic review of the development agreement to the
property owner. He shall give the notice at least thirty (30)
days in advance of the time at which the matter will be considered.
5 .
Section 6.3 Public hearing. The Planning Com-
mission shall conduct a public hearing at which the property owner
must demonstrate good faith compliance with the terms of the
agreement. The burden of proof on this issue is upon the property
owner .
Section 6.4 Findings upon public hearing. The
Planning Commission shall determine upon the basis of substantial
evidence whether or not the property owner has, for the period
under review, complied in good faith with the terms and conditions
of the agreement. If the Planning Commission finds and determines
that the property owner has not complied in good faith with the
terms and conditions of the agreement, the Planning Commission
shall make its recommendation in writing to the City Council. The
recommendation shall include findings based on substantial evi-
dence that the property owner has not complied in good faith with
the terms and conditions of the agreement during the period under
review; and modifications to conditions or terms in the agreement
or termination of the agreement.
Section 7 . Modification or Termination.
Section 7 .1 Proceedings upon modification or ter-
mination
Section 7.2 Hearing on modification or termination
Section 7 .3 Modification or termination of agree-
ment
Section 7 .1 Proceedings upon modification or ter-
mination. If, upon a finding and recommendation of the Planning
Commissionn, the City Council determines to proceed with modifica-
tion or termination of the agreement, notice of that intention
shall be given in the manner provided in Section 2.2 by the City
Clerk. The City Clerk shall give notice to the property owner of
its intention so to do. The notice shall contain:
(1 ) The time and place of the hearing;
(2) A statement as to whether or not the City
Council proposes to modify or terminate
the agreement;
(3) other information which the City Council
considers necessary to inform the property
owner of the nature of the proceeding.
Section 7 .2 Hearing on modification or termina-
tion. At the time and place set for the hearing on modification
or termination, the property owner 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 is final.
6 .
Section 7 .3 Modification or termination of agree-
ment. The procedure for modification or termination of the agree-
ment is the same as the procedure for entering into an agreement.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of June 1984.
ATTEST: APPROVED AS TO FORM:
City Clerk �-�_ � City Attorney AN
P%I/
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator irector of Development
Services
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Res. No. 5390
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 18th day
of June 19 84 , by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
None
NOT VOTING: Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California