R 1401
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RESOLUTI ON NO. 1401
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ESTABLISHING A PROCEDURE FOR THE CITY OF ARROYO
GRANDE TO ENTER INTO OEVELOPMENT AGREEMENTS AS PROVIDED
FOR UNDER GOVERNMENT CODE SECTION 65864, ET SEQ.
WHEREAS, it appears necessary and desirable for the City of Arroyo
Grande to be able to enter into development agreements relating to property
within the City of Arroyo Grande with any person having a legal or equitable
interest in said real property; and,
WHEREAS, Government Code Section 65864 authorizes local agencies to
enter into such development agreements under certain specified conditions;
I NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of
Arroyo Grande as follows:
i
The procedure for entering into a development agreement shall be:
L There are certain costs related to the adoption of the
development plan and adoption of the ordinance approving the development
plan, and in order to defray those expenses, the City of Arroyo Grande may,
by resolution from time to time, establish charges for the fi1ing of an
application to enter into a development plan. In the event that such a
development p1an is initiated by the applicant rather than the City, the
initial charge shall be the sum of $250.00.
2. It is the intention of the Arroyo Grande City Council that
al1 of the provisions of .the Ca1)fornia Government Code regarding review,
modification, amendment or cancellation of the development plans shall apply
to any development plan adopted pursuant to this resolution which is adopted
for purposes of authorizing the adoption of said plan or plans.
3. A publ ic hearing shal1 be held by both the Arroyo Grande City
Planning Commission and the Arroyo Grande City Council prior to entering into
said development agreement. Notice of intention to consider adoption of a
development agreement shall be given as provided by in Government Code sections
65854, 65854.5 and 65856 in addition to any otrer notices which may be required
for. other actions which may be considered concurrently with the development
agreement.
4. No development agreement shal1 be approved unless the Arroyo
Grande City Council finds that the provisions of the agreement are consistent
with the genera1 plan and any applicable specific plan for the area in consider-
ation.
5. No development agreement adopted pursuant to this resolution
shal1 be effective until it is approved by Arroyo Grande City ordinance.
6. Every development plan adopted by the City of Arroyo Grande
shall be reviewed by the Arroyo Grande Planning Commission no less than once
each twelve months until all of the development contemplated in said plan has
been completed. At the time of review, the owner or successor in interest
thereto, shall be required to demonstrate good faith compliance with the
terms of the development agreement. If, as a result of said periodic review,
the Arroyo Grande Planning Commission determines that the owner or successor
[ thereto has not complied in good faith with terms and conditions of the
development agreement, it may recommend to the Arroyo Grande City Council
that it terminate or modify said agreement. Thereafter, following notice to
the owner or successor in interest thereto, the Arroyo Grande City Council
finds and determines, on the basis of substantial evidence, that the owner or
successor has not complied in good faith with the terms and conditions of the
agreement, it may terminate or modify said agreement.
On the motion of Council Member de Leon, seconded by Council Member Gallagher
and on the following roll call vote, to wit:
AYES: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis
NOES: None
ABSENT: Hone
the foregoing Resolution was passed and adopted this 11th day of February, 1980.
ATTEST: d..-7-4~? ~_ ~dt
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DEPUTY C!TY ,.cLERK
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