O 409 C.S.
J
ORDINANCE NO. 409 C.S.
.^N ORDINANCE OF THE CITY COUNCIL
OF THE CI'!'Y OF ARROYO GIV\NDE
AMENDINO THE MUNICIPAL CODe '1'0
ESTABLISH PROCEDURES AND RE:QUIRENENTS FOR
PROCESSING DEVELOPNENT AGRE:I~I-tENT::;
(GOVT. CODE SECTION (65054)
WHEREAS, in 1979, the Legislature added Article 2.5 (COVI:,
Code Section 65064 et seq) to the State'a zoning Regulationa 1:0
provide an optional and alternative development proco;Jdurc which
would give developers more certainty of City requirementa
applicable to their projects, with the overall purpose of reducing
the cost of housing for the general public; and
WHEREAS, this Council recognizes that there may be certain
projects for which a development agreement may provide substantial
benefits for both the City and the developer; and
WHEREBY, State law authorizes the City to adopt proc~duruu
and requirements for the consideration of proposed development
aqreements; and
WHEREAS, the public interest will be adequately protect:ed ~y
noticed public hs.arings, before the Planninq Commission and Cil:Y
Council, and by a specific State law provision subjecting any such
agreement to the people's right of referendum.
NOW, THEREFORE, the City Council of the City of Arroyo Crande
Doea Hereby Ordain aa follows:
Sect ion ']: Section~4.2422 is added to Title 9, Article 4, Cencral
Provisions, of the Arroyo Orande Municipal Code, reading in its
entirety as follows:
See~ion 9_4.211~' - n~ve1.onmen~ Ac;trfIJ8ment:A.
(a) Purpose. This section is adopted to establish procedures
and requirements for City conoideration of applications
for development agreements as authorized by California
Covernment Code 65854 et seq, as those sections may be
amended or superseded from time to time. However, nothing
herein shall be construed or applied at any time to
require the City to enter into any ouch agreement; more
specifically, but without limitation, no amount of
preliminary negotiations, preliminary work, or any
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expenditure of funds shall be a basis for a claim of
estoppel or bad faith which would require City approval or
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implementation of any unexecuted agreement.
(b) ~PDlicBt\on. The processing of a development agreement
shall be initiated upon the filing of an application by or
on behalf of the property owner of real property located
within the municipal boundaries of the City, or of real
property to be annexed to the City. Application forms
shall be provided by the Planning Department. ~he
application shall be accompanied by a copy of the proposed
development agreement containiog all of the provisions
required by law, and the applicant shall provide such
other information with respect to the proposed project as
may be required by the City.
(c) Fees. The applicant shall submit $3,000, to be pald at the
time of filing the development agreement application,
which shall be deposited in a separate account by the
Finance Department. The cost of processing the
development agreement shall be assessed Aqainat the
deposit. If the cost of reviewing the development
agreement exceeds $3,000, the applicant shall submit the
additional funds upon request by the City. If the cost of
review is less than $3,000, the balance shall be
reimbursed to the applicant within a reasonable time
period.
(d) Contents. The contents of a development agreement are set
forth in Government Code Section G5065.2. The development
agreement may contain such other provisions as may be
considered necessary or proper by the City Council to
further legitimate City interests and/or 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
other City ordinances, policies, plans or resolutions.
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(e) Demonstration of UniQue Public Renefit~. Standard City
planning and zoning procedures are available for the
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processing of normal development projects. However, the
City recognizes that in specific and unique situations, it
may be in the public's best interest to enter into a
development agreement for the benefit of both the public
and the developer. An upplicant for a development
agreement should emphasize the public benefits to be
provided by the proposed development.
(f) Public Hearin9s - Notice. Public hearings on an
application for a development agreement shall be held by
the Planning Commission and then by the City Council.
Notice of intention to consider the adoption fo a
development agreement shall be given as provided in
Sections 65B54, 65654.5 and 65B56 of the California
Covernment Code in addition to such other notices that may
be required by law for actions considered concurrently
with the development agreen,ent.
(9) ~pDrov^l bv Or.dlnance. Any City approval, amendment or
cancellation of a development agreement shall be by a
regular (non-emergency) ordinance, subject to referendum.
(h) Periodic Review. The City Council shall periodically
review the development agreement at least once a year at a
noticed public hearing, at which time the applicant shall
be required to demonstrate good faith compliance with the
Agreement. The burden of proving good faith Ghall be on
the applicant. If the City Council, in its sole
discretion and based upon substantial evidence, determines
that the applicant has not complied with the agreement,
the City may terminate or modify the agreement.
(i) Recordation. within ten days after the effective date of
a development agreement, amendment, or cancellation
thereof, the City Clerk shall record the agreement,
amendment or cancellation in the Office of the County
ReCorder.
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Section 2. A summary of this Ordinance shall be published in a
newspaper published ~nd circulated in said City at least five (5)
.
days prior to the City Council meeting at which the proposed
ordinance is to be adopted. A certified copy of tho full text of
the proposed ordinance shall be posted in the Office of the City
Clerk. Within (lS) days after adoption of the ordinance, the
summary with the names of those City Councilmembers voting for or
against the ordinance shall be published again, and the City Clerk
shall post a certified copy of the full text of such adopted
ordinance.
On motion by Councilmember Olsen , seconcled by
Councilmember Dougall , and by the following roll call
vote, to wit:
AYES: Council Members Olscri, Dougall, Moots and Mayor Millis
NOES: None
ADSENT: Council Member Smith
the foregoing Ordinance was passed and adopted this 23rd day of
May , 1969. ~~'A~ l1~
MAYOR
A'l''l'ES'l':
I, ~ A. DAVIS, City Clerk. of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance No. 409 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 23rd day of M:ly, 1989.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 24th day of M:ly, 1989.
II. a,~
Cl'l'Y~ -
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