The URL can be used to link to this page

Home My WebLink About03 - Ordinance re Periodic Review of Development AgreementsCITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 3 June 11, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov APPROVED: :)� A TITLE: Adoption of Ordinance No. 2013 -10 Amending Title 15 of the Municipal Code in Respect to the Periodic Review of Development Agreements (PA2013 -082) i'_1:131:L•Tot 6 On May 28, 2013, Ordinance No. 2013 -10 was introduced by the City Council and a first reading was conducted. This ordinance amends Title 15, Chapter 15.45 Development Agreements, of the Newport Beach Municipal Code in respect to the periodic review of development agreements. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2013 -10 amending the City's periodic review procedures for development agreements (Attachment CC 1). FUNDING REQUIREMENTS: There is no direct fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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. 1 Development Agreements Code Amendment June 11, 2013 Page 2 NOTICING: Notice of this amendment was included on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Rimberly .I.-. Director Attachment: CC 1 Ordinance No. 2013 -10 2 City Council Attachment 1 Ordinance No. 2013 -10 3 4 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. -11- 5 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- 0 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 11th day of June, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR Keith D. Curry ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY -3-