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HomeMy WebLinkAbout82-30 - Amending Title 15 of the Newport Beach Municipal Code by Adding Chapter 45, Sections 010 Through 090 thereto Establishing Procedures and Requirements for the Adoption of Development Agreements; Ordering A Public Hearing thereon:7 ORDINANCE NO. 82 -30 AN -ORDINANCE -OF THE CITY -OF NEWPORT BEACH AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICI- PAL CODE BY ADDING CHAPTER 45, SECTIONS 010 THROUGH 090 THERETO ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE ADOPTION'OF DEVELOP- MENT AGREEMENTS; 'ORDERING A PUBLIC HEARING THEREON The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Title 15, Chapter 45, Sections 010, 020, 030, 040, 050, 060, 070, 080 and 090 are hereby added to the Newport Beach Municipal Code and shall read as follows: • Sections: 15.45.010 15.45.020 15.45.030 15.45.040 15.45.050 15.45.060 15.45.070 15.45.080 15.45.090 Title 15, Chapter 45 DEVELOPMENT AGREEMENT Purpose Application 6 Fees Contents Public Heari ngl Noti ce Findings Amendment/ Cancellation Periodic Review Local Coastal Program Recordation 15.45.010 Purpose. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of • the project and discourage investment i n, and commitment to, comprehensive planning. Assurance that an applicant may proceed with the project • in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. This Ordinance is adopted in part pursuant to the provisions of Section 65864 et seq of the Goverment Code of the State of California. Section 15.45.020 a) Application. The process for agreement shall be initiated therefor, by or on behalf of having a legal or equitable ,pplication 5 Fees. the consideration of a development upon the filing of an application the property owner or other person interest in real property located • within the municipal boundaries of the City, or real property to be annexed to the City of Newport Beach. Application forms shall be provided by the Planning Department. The application for consideration of a proposed development agreement shall be accompanied by a copy of the proposed development agreement containing all of the provisions required by this Ordinance and, the applicant shall provide such other information with respect to the proposed project as may be required by the Planning Director. • b) Fees. The City Council shall establish a reasonable fee for processing the application for consideration of a development agreement. Said fee shall be paid by the applicant at the time of filing of the development agreement application. 2 Section 15.45.030 Contents. • A development agreement shall specify the duration of the agreement. The development agreement shall specify the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes, if any reservation or dedication is required by the City of Newport Beach. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary action shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The development agreement may provide that construction be commenced within a specified time, that the project be completed within a • specified time, and/or may provide for construction to be accomplished in phases. The development agreement may contain such other provisions as may be considered necessary or proper by the City Council to further legitimate City interest ors to protect the public health, safety and welfare so long as such terms are not inconsistent with the provisions of state law relating to development agreements, nor inconsistent with the ordinances, policies, plans or resolutions of the City of Newport Beach. 3 Section 15.45.040 Public Hearing - Notice. • A public hearing on an application for a development agreement shall first be held by the Planning Commission and then by the City Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in sections 65854, 65854.5 and 65856 of the California Government Code in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement. Section 15.45.050 Findings. Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the City of Newport Beach which govern permitted uses of land, the density of development, and the design, improvement and construction • standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinance rules, plans and policies in force at the time of execution of the agreement. A development agreement shall not prevent the City of Newport Beach in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the agreement, nor shall a development agreement prevent the City of Newport Beach from denying or conditionally approving any sub- sequent development project application on the basis of such existing or new rules, regulations and policies. • 4 • Section 15.45.060 Amendment/ Cancellation. Development Agreements shall only be used after careful consideration since they can limit authority of future City Councils to react to changed conditions. A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867 of the Government Code. An amendment to a development agreement shall be subject to the provisions of Section 65867.5. In the event that state or federal laws or regulations, 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 15.45.070 Periodic Review. The City Council shall periodically review the development agreement and activity conducted pursuant thereto to determine if the applicant or successor in interest has complied with the terms of the agreement. This review shall be conducted at least once every 12 months from the date on which the agreement is executed. At the time of such review, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the • applicant or successor - in- interest. If, as a result of such per- iodic review, the City Council finds and determines, on the basis Section 15.45.080 Local Coastal Programs. A development agreement shall not be applicable to any development 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: (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 Commission approves such development agreement by formal commission action. Section 15.45.090 Recordation. Within ten days after the effective date of a development agreement, or any modifica- tion or the cancellation thereof, the City Clerk shall record the agreement, or any modification or cancellation thereof in the of- fice of the County Recorder for the County of Orange. SECTION Council of the Monday November of sai d day, in t Beach, located at 2. Notice is hereby given that the City City of Newport Beach does hereby fix 22 , 1982, at the hour of 7:30 p.m., he City Council Chambers of the City of Newport 3300 Newport Blvd., Newport Beach, California, 14 of substantial evidence, that the applicant or successor in in- terest thereto has not complied in good faith with terms or con- ditions of the agreement, the City Council may terminate or modi- fy the agreement. The periodic review of the agreement shall be subject to the public notice provisions of Section 15.45.040 herein. Section 15.45.080 Local Coastal Programs. A development agreement shall not be applicable to any development 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: (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 Commission approves such development agreement by formal commission action. Section 15.45.090 Recordation. Within ten days after the effective date of a development agreement, or any modifica- tion or the cancellation thereof, the City Clerk shall record the agreement, or any modification or cancellation thereof in the of- fice of the County Recorder for the County of Orange. SECTION Council of the Monday November of sai d day, in t Beach, located at 2. Notice is hereby given that the City City of Newport Beach does hereby fix 22 , 1982, at the hour of 7:30 p.m., he City Council Chambers of the City of Newport 3300 Newport Blvd., Newport Beach, California, 14 as the time and place for hearing all persons interested in or objecting to the proposed ordinance, and the City Council at said time and place will hear any evidence offered by any person interested in the Ordinance bereinbefore described. SECTION 3. This 'Ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive 30 days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of November 1982 and was adopted on the 13th day of December 1982, by the following vote, to wit: AYES, COUNCILMEMBERS Heather, Hart, Maurer, Cox, Plummer, Strauss NOES, COUNCILMEMBERS None toABSENT COUNCILMEMBERS None ATTE T: Git -y Clerk RHB/ pr ORP- Agreement ABSTAIN` \'Humme3" ay 7