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Home My WebLink About2013-10 - Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013-082)ORDINANCE NO.2013-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.45.080 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013-082) WHEREAS, California Government Code Sections 65864 et seq. enable a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property; furthermore, the Government Code requires cities to establish procedures and requirements for the consideration of development agreements, and said procedures shall include a periodic review of any adopted development agreement; WHEREAS in conformance with the California Government Code, Chapter 15.45 of the Newport Beach Municipal Code (NBMC) includes the procedures and requirements for the consideration of development agreements; WHEREAS, NBMC Section 15.45.080 requires the City Council to conduct periodic reviews of development agreement at least every twelve (12) months from the date the development agreement is executed to determine whether the applicant has complied in good faith with the terms and conditions of the development agreement; and WHEREAS, a periodic review that is conducted by the Zoning Administrator at least every twelve (12) months from the effective date of the development agreement would streamline the required periodic review process and remain consistent with the applicable provisions of State law. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 15.45.080 of the Newport Beach Municipal Code is hereby amended to read as follows: "15.45.080 Periodic Review A. The City shall periodically review the development agreement and the activity conducted pursuant thereto to determine whether the applicant or successor in interest has complied with the terms of the agreement. This review shall be conducted by the Zoning Administrator at least once every twelve (12) months from the effective date of the agreement, unless the development agreement provides for a different review, in which case the development agreement's schedule for review shall prevail. B. Notice of the Zoning Administrator's review of the development agreement shall be given in the same manner as set forth in Section 15.45.050. At the public hearing the applicant or successor in interest, shall have the burden of demonstrating good faith compliance with the terms and conditions of the development agreement. C. If at the completion of his/her review, the Zoning Administrator determines that all of the terms and conditions of the development agreement have been met, no further review shall be required. If the Zoning Administrator does not make such determination, he/she shall refer the periodic review to the City Council pursuant to subparagraph D. D. The Zoning Administrator may refer any periodic review to the City Council for review and action at a public hearing. Notice of the City Council's review of the development agreement shall be given in the same manner as set forth in Section 15.45.050. At the public hearing the applicant or successor in interest, shall have the burden of demonstrating good faith compliance with the terms and conditions of the development agreement. E. If following a public hearing, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the development agreement, the City Council may state its intention to amend or cancel in whole or in part the development agreement. Any amendment and/or cancellation shall be subject to the notification and procedural provisions of Section 15.45.070. F. Any interested party may appeal the Zoning Administrator's determination under subparagraph C to the City Council by filing an appeal with the City Clerk, on forms provided by the Clerk, within fourteen (14) days following the date the determination was rendered. An appeal shall be accompanied by the filing fee identified in the City's master fee schedule. The determination from which an appeal has been made has no force of effect as of the date on which the appeal is filed. When an appeal has been filed, the Community Development Director shall refer the periodic review to the City Council, for de novo review, in accordance with subparagraph D. Section 2; This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. -2- Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of May 2013, and adopted on the 11 th day of June, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS KEITH D. CURRY, MAYOR ATTES _ C.EILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE L� —� AARON C. HARP, CITY ATTORNEY ' -3- STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2013-10 was duly and regularly introduced on the 28th day of May, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of June, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of June, 2013. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } S-� OQ: o4I l/l. i, &,t� City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2013-10 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: June 1, 2013 Adopted Ordinance: June 15, 2013 In witness whereof, I have hereunto subscribed my name this day of 0 iWJ 2013. 10 City Clerk ,,. `_ *� City of Newport Beach, California ` �� (Seal)