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.
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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.
•
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• 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
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