PC R 89-1234�¢08
R'F��TI'I(N ND. 89-1234
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�AS, in 1979, the Legislature addedArticle 2.5 (Govt. Gbde Sect ion 65864et
seq) to the State's Zoning regulations to provide an optional and alternative ....
development procedure which would give developers more certainty of City
requireqnents applicable to their projects, with the overal l purpose of reducing the
cost of housing for the general public; and
�AS, thePlanning(',aimission of theCity of ArroyoGrande, California has
held a public hearing to consider an amenc�r�ent to the Municipal Code to establish
procedures and requice�nents for processing development agreernents; and
�AS, the Planning Cartmission did consider said proposed emendment and
recognizes that there may be certain projects for which a development agreement may
provide substantiel benefits for both the City and the developer; and
�A3, the public interest will be adequstely protected by noticed public
hearings, before the Planning C',a�mission and City Council, and by a specif ic State
lawprovision subjecting any such agre�nent to the people's right of referendian; and
�AS, after due study and deliberation, the PlanningConmission finds that
the public interest and general welfare does require such an amendment.
I�V, �, � IT RE9CH,V� that the Planning Carrmi ssion of the Ci ty of
Arroyo Grande hereby recarmends approval of the proposed amenctr�ent as follows:
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(a) p�oose This section is adopted to establish procedures and
� requir�nents for City consideration of applications for development
� agreeinents as authorized byCalifor.niaGovernment Code 65854 et seq, as
those sect ions may be amended or supe.rseded f rom t ime to t ime. Hawever,
nothing herein shall be eonstrued or applied at any time to require the
Ci ty to enter into arry such agreenent; more speci f ical ly, but wi thout
limitation,no emount of preliminary negotiations, preliminary work,or
any expenditure of funds shal l be a basis for a claimof estoppel or bad
faith which vwould require City approval or implementation of any
� unexecuted agreeinent.
(b) �nlj,eation. The processing of a development agre enent shall be
initiated upon the filing of an application by or on behalf of the
property owner of real property locatedwithin themunicipal boundaries
of theCity, or of real property to be annexed to the City. Application
forms shall be provided by the Planning Department. The application
i shall be accanpanied by a copy of the proposed d�evelopment agreement
containing all of the provisions required by law, and the applieant
shall provide such other infornmtion with respeet to the proposed
project as may be required by the City.
(c) �'ges. The appl icant shal l submi t$3,000, to be paid at the t ime of f i 1 ing
the development agreanent application, which shall be deposited in a
separate account by the Finance Department. The cost of processing the
development agreement shall be assessed against the deposit. If the
cost of reviewing the development agre �nent exceeds $3,000, the
applicant shall submit the additional funds upon request by the City.
If tne cost of review is less than $3,000, the balance shall be
reimbursed to the applicant within a reasonable time period.
(d) nte ts. The contents of a development agree�nent are set forth in
Govertunent Cbde Section .65865.2. �e development agreenent may
contain such other provisions as may be considered necessary or proper
by the City Couneil to further legitimate City interests and/or to
protect the public health, safety and w�elfare so long as such terms are
not inconsistent with the provisions of state law relating to
development agreements, nor inconsistent with other City ordinanaces,
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policies, plans or resolutions.
(e) �n�tr�ion � Uni°ue �� Benefits. Standard City planning and
zoning procedures are available for the processing of normal
development projects. However, the City recognizes that in specific
and unique situations, it may be in the public's best interest toenter
into e development agreement for the benef i t of both the publ ic and the
developer. An appl icant for a development agreenent should emphas ize
the public benefits to be provided by the proposed development.
(f) g,�1jg, �ine�s ��Totice. Public hearings on an application for a
development agre�nent shall be held by the Planning C.a�mission and then
by the City Council. Notice of intention to consider the adoption of a
development agreenent shall be given as provided in Sections 65854,
65854.5 and 65856 of the Cal ifornia Government Code in addit ion to such
other notices that may be required by law for actions considered
concurrently with the development agreerient.
(g) . g�proval �y9rdinance. AnyCity approval, amencinent or cancellation of a
development agreement shal l be by a regular (non-e�nergency) ordinance,
subject to referendum.
(h) Perio�ic view• The City Council shall periodically review the
development agreerrient at least once a year at a noticed public hearing,
at whieh time the applicant shal l be required to de�nonstrate good faith
campl iance with the Agre�rient. The burden of proving good fai th shal l
be on the appl icant. If the Ci ty Counci 1, in i ts sole discret ion and
based upon substantial evidence, determines that the applicant has not
camplied with the agreement, the City may terminate or modify the
agree�r�ent .
(i) cop�iatign. Within te
agreement , amenc�nen t ,
record the agreement,
County Reeorder.
n days after��the effective date of a development
or cancellation thereof, the City Clerk shall
amen�nent or cancellation in the office of the
On motion by C',a'm�issioner Moore, seconded by Catmissioner Soto, and by the
following roll call vote, to wit: �
AYFS: C',armissioners
Gerrish
I�Ss None
ABSL�TI': Carmi s s i oner
the foregoing Resolution
Flores, Moore, Soto, McC',ann, Gallagher and Chait7nan
was adopted this 18th day of April 1989:
ATIffiTs -
Mary en Lein ger
(7omni ss ion Clerk
Chairman
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