HomeMy WebLinkAbout16 - Status Report on Development Agreement Nos. 4 and 6Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Status Report on Development Agreements Nos.4 and 6
G-A! 4 Caw
February 23, 1998
16
Eugenia Garcia
644 -3208
(THE CIT•i CiPJj 7,IL
'OF NEWPORT BEACH
FEB 23i .3
PURPOSE: To report the status of Development Agreements No. 4 and 6 and the
applicants' good faith and substantial compliance with each agreement in
addition to those terms and conditions required of the City of Newport
Beach.
SUGGESTED
ACTION: Hold hearing, and determine compliance of:
Development Agreement No. 4
The Irvine Company, Library Exchange Agreement
Development Agreement No. 6
• The Irvine Company, Circulation Improvement and Open Space
Agreement
AND
Direct staff to prepare an amendment to the Newport Beach Municipal
Code regarding requirements for annual review of development
agreements
Background
At its meeting of January 26, 1998, the City Council reviewed Development Agreements Nos. 4
through 9. For all but Development Agreements Nos. 4 and 6, the Council found that the
development agreements under review were in substantial compliance with the terms of each
agreement. Staff had indicated that the property owner had not provided complete information on
these two agreements, and the Council continued considerationof them.
Discussion
• The Irvine Company had submitted information pertaining to the open space dedications required
in Development Agreement No. 6 (CIOSA) (see attached). As indicated at the City Council
meeting of January 26, staff had compiled the remaining information necessary for the annual
CITY OF NEVOT BEACH
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COMMUNITY AND ECONOMIC DEVELOPMENT
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PLANNING DEPARTMENT
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33� NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644-b2 ; FAX (7+4) 644 -3$0
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Status Report on Development Agreements Nos.4 and 6
G-A! 4 Caw
February 23, 1998
16
Eugenia Garcia
644 -3208
(THE CIT•i CiPJj 7,IL
'OF NEWPORT BEACH
FEB 23i .3
PURPOSE: To report the status of Development Agreements No. 4 and 6 and the
applicants' good faith and substantial compliance with each agreement in
addition to those terms and conditions required of the City of Newport
Beach.
SUGGESTED
ACTION: Hold hearing, and determine compliance of:
Development Agreement No. 4
The Irvine Company, Library Exchange Agreement
Development Agreement No. 6
• The Irvine Company, Circulation Improvement and Open Space
Agreement
AND
Direct staff to prepare an amendment to the Newport Beach Municipal
Code regarding requirements for annual review of development
agreements
Background
At its meeting of January 26, 1998, the City Council reviewed Development Agreements Nos. 4
through 9. For all but Development Agreements Nos. 4 and 6, the Council found that the
development agreements under review were in substantial compliance with the terms of each
agreement. Staff had indicated that the property owner had not provided complete information on
these two agreements, and the Council continued considerationof them.
Discussion
• The Irvine Company had submitted information pertaining to the open space dedications required
in Development Agreement No. 6 (CIOSA) (see attached). As indicated at the City Council
meeting of January 26, staff had compiled the remaining information necessary for the annual
review of Development Agreements Nos. 4 and 6, and concluded that there is compliance with the
terms and conditions of the agreements.
Since the January hearing on this matter, staff has discussed annual review requirements with The
Irvine Company, and established procedures for the timely submittal of all necessary information
for the next annual review. An important part of these procedures will be for City staff to provide a
checklist of items needed from City staff in various departments and those items needed from the
property owner. The Irvine Company's representatives now have a better understanding of their
review responsibilities, and have indicated their willingness to follow the established procedures.
Staff is confident that these procedures will result in a more efficient review process in fixture years.
With two years of experience in compliance review of development agreements and our recent
review of procedures with The Irvine Company, staff has noted a provision of the Municipal Code
that we believe should be amended to improve the review process in the future. Chapter 15.45.070
requires that, for the annual review of a development agreement, the applicant shall be required to
demonstrate good faith compliance with the terms of the agreement. The burden of proof on this
issue is on the applicant or successor -in- interest. Consistent with this Code requirement, the
development agreements contain language that requires the submittal of proof of compliance.
Certain agreements, however, have Mitigation Monitoring Programs, a portion of which is the
responsibility of the City. In some cases, such as the Lutheran Church, the majority of the
responsibility for implementing the agreement is the City's. For cases such as those, it would be
appropriate to draft the agreement to define all parties' responsibilities for annual review.
Therefore, staff is recommending that the City Council consider amending the Code to provide for
a sharing of the burden in annual reviews for compliance. 0
Submitted by: Prepared by:
SHARON Z. WOOD EUGENIA GARCIA
Assistant City Manager Associate Planner
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