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CC RESOLUTION 3268i RESOLUTION NO. 326$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CON- SIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE §§ 65865- 65869.5 WHEREAS, Government Code Sections 65864- 65869.5 authorize cities and counties to enter into binding development agree- ments with persons having legal or equitable interests in real property for the development of such property and authorize the City to establish procedures for consideration of applications of such agreements; and WHEREAS, a set of procedures and requirements for consideration of development agreements has been proposed, and has been the subject of public hearings; and WHEREAS, it is in the public interest to do so and the public heath, safety and welfare will be promoted thereby; NOW, THEREFORE, the City Council of the City of E1 Segundo finds, determines and orders as follows: 1. The procedures and requirements for the consideration of development agreements as set forth in Exhibit A attached to this resolution and made a part hereof by this reference are adopted. 2. The Planning Director is instructed to prepare and adopt such application forms, checklists and such other documents as he or she considers necessary to implement the procedures and requirements. PASSED, APPROVED AND ADOPTED this 26th day of JUNE , .-. ATTEST: (SEAL) CITY CLERK • • PROCEDURES FOR CONSIDERATION OF DEVELOPMENT AGREEMENT SECTION 1. Authority for Adoption. These regulations are adopted under the authority of Government Code SS 65864- 65869.5. SECTION 2. Forms and Information. (a) The Planning Director shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. (b) The Planning Director may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application. SECTION 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 documents provided for or required under these regulations. SECTION 4. Qualification as an Applicant. Only a qualified applicant may file an 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 subject of the development agreement. Applicant includes authorized agent. The Planning Director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. SECTION 5. Proposed Form of Agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. SECTION 6. Review of Application. The Planning Director shall endorse on the application the date it is received. He or she shall review the application and may reject it if it is incomplete or inaccurate for processing. If he or she finds that the application is complete, he or she shall accept it for filing. The Planning Director shall review the application and determine the additional require- ments necessary to complete the agreement. After receiving the required information, he or she shall prepare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be con- sistent with the general plan and any applicable specific plan. SECTION 7. Duty to Give Notice. The Planning Director shall give notice of intention to consider adoption of development agreement and of any other public hearing required by law or these rules. -I- EXHIBIT A 1 P�47 11 P, 8 SECTION 8. 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 contain: (1) the time and place of the hearing; (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 Planning Director considers necessary or desirable. (b) Time and Manner of Notice. The time and manner of giving notice is: (1) Publication or Posting. Publication at least once in a newspaper of general circulation, published and circulated in the City or, if there is none, posting in at least three public places in the City, at least ten days prior to the date of the hearing. (2) Mailing. Mailing of the notice, at least ten days prior to the date of the hearing, 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. If the number of owners to whom notice is to be mailed is greater than 1,000, the Planning Director may as an alternative pro- vide notice in the manner set forth in § 65854.5(b) of the Government Code. (c) Additional Notice. The Planning Commission or 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 requirements referred to in subsections (a) and (b) are declaratory of existing law (Govt. Code § 65867 and §§ 65854, 65854.5 and 65856, as incorporated by reference). If state law prescribes a different notice requirement, • notice shall be given in that manner. SECTION 9. Failure to Receive Notice. The failure of any person entitled to notice to receive such notice as required by law or these regulations does not affect the authority of the City to enter into a development agreement. -2- SECTION 10. Rules Governing Conduct of Hearing. The public hearing s a e con uc e as nearly as may be in accordance with the procedural standards adopted under Government Code § 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 hearing on the proposed development agreement. SECTION 11. 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, recommendation, or any matters of procedure whatever unless, after an examination 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 substan- tial 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. SECTION 12. Determination by Planning After the hearing by the Planning Commissio Commission shall make its recommendation in the City Council. The recommendation shall Planning Commission's determination whether development agreement proposed: Commission. n, the Planning writing to include the or not the (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 prescribed 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; (5) will adversely affect the orderly development of property or the preservation of property values. • The recommendation shall include the reasons for the recommendation. SECTION 13. Decision by City Council. (a) After the City Council completes the public hearing, it may accept, modify or disapprove the r 1424 recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. 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 shall not approve the development agreement unless it finds that 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 prescribed 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 not be detrimental to the health, safety and general welfare; and (5) will not adversely affect the orderly develop- ment of property or the preservation of property values. SECTION 14. 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 may enter into the agreement. SECTION 15. Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. SECTION 16. Procedure. The procedure for proposal and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. However, where the City initites 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 ten days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 23. SECTION 17. Recordation of Development Agreement, Amendment or Cancellation. (a) Within ten days after the City enters development agreement, the City Clerk shall have recorded with the County Recorder. ME into the the agreement 142, D'0 0 (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code §65868, or if the City terminates or modifies the agreement as provided in Government Code §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 18. (a) Time For and Initiation of Review. The City shall review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modfied either by agreement between the parties or by initiation in one or more of the following ways: (1) recommendation of the planning staff; (2) affirmative vote of at least 3 members of the Planning Commission; (3) Affirmative vote of at least 3 members of the City Council. (b) Notice of Periodic Review. shall begin the review proceeding by City intends to undertake a periodic agreement to the property owner. He least 10 days in advance of the time be considered by the Commission. The Planning Director giving notice that the review of the development shall give the notice at at which the matter will (c) Delegation to Planning Commission. Periodic review shall be conducted by the Planning Commission. (d) Public Hearing. The Planning Commission 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. (e) Findings Upon Public Hearing. mission shall determine upon the basis whether or not the property owner has, review, complied in good faith with the of the agreement. (f) Procedure Upon Findings. The Planning Com- of substantial evidence for the period under terms and conditions (1) If the Planning Commission finds and deter- mines on the basis of substantial evidence that the property owner 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. (2) If the Planning Commission finds and deter- mines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may recommend that the City Council initiate proceedings to modify or terminate the agreement. -5- 14 P55 1 0 SECTION 19. Proceedings Upon Modification of Termination. (a) If, upon a finding under Section 18(e), the City Council determines to proceed with modification or termina- tion of the agreement, the City shall give notice to the property owner of its intention to do so. The notice shall contain: (1) the time and place of the hearing; (2) a statement as to whether or not the City proposes to terminate or to modify the development agreement; (3) other information which the City considers necessary to inform the property owner of the nature of the proceeding. (b) Hearing on Modification or Termination. 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 recom- mendation. 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. ■a 1�:20� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) • I, VALERIE A. BURROWES , City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3268 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the .26th day of June 19 84 and that the same was so passed and adopted by the following vote: AYES: Council Members Jacobson, schuldt, Siadek, Synadinos and Mayor Armstrong NOES: Council Member None ABSENT: Council Member None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 11th day of July 19 84 City Clerk of the City of El Segundo, California 0 W