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HomeMy WebLinkAboutOrdinance No. 2139 � L ORDINANCE NO. 21l9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING PROCEDURES AND SETTING FEES FOR THE PROCESSING OF DEVELOPMENT AGREEMENTS. WHEREAS, the California Legislature has by Statute, commencing with Section 65864 of the Government Code approved September 21, 1979 , authorized the Cities to enter into binding Development Agreements for the development of real property; and WHEREAS, said statutes authorize the Cities, by Resolution or Ordinance, to establish procedures and require- ments for the consideration of Development Agreements; and WHEREAS, the adoption of said procedures are necessary for the orderly and equitable administration of the statute; THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Azusa Municipal Code is hereby amended by adding to Title 19 a new Chapter 19.68 consisting of Sections 19 .68. 010 through 19 .68.120 to read as follows: Sec. 19. 68.010 APPLICATION. Any person having a legal or equitable interest in real property for the development of such property may apply to the City of Azusa for a "Development Agreement" pursuant to Section 65865 of the Government Code; Sec. 19. 68. 020 FILING FEE. To recover City costs incurred in the administration and processing of Development Agreements, a nonrefundable filing fee of $200.00 shall be paid to the City of Azusa prior to, or concurrent with, each application for a Development Agreement. Sec. 19.68.030 PUBLIC HEARINGS REQUIRED. Prior to the City' s approval of any Development Agreement, said Agreement shall first be heard by the Planning Commission and the City Council pursuant to public hearing procedures set forth in Chapter 19.64 , Title 19, of the Azusa Municipal Code. Following the public hearing by the Planning Commission, the Commission shall recommend to the City Council that the Agreement be approved, denied or conditionally approved, and setting forth any such recommended conditions. The City Council shall hear the matter de novo and thence approve, deny, or conditionally approve (amend) the Agreement. The decision of the City Council shall be final. Sec. 19 .68. 040 GENERAL PLAN CONSISTENCY. No Development Agree- ment shall be approved unless the City Council finds that provisions of said Agreement are consistent with the Community Plan and any applicable specific plan. Sec. 19. 68.050 APPROVED BY ORDINANCE. All approved Develop- ment Agreements shall be by Ordinance of the City Council, and as such, shall be subject to referendum. Sec. 19.68.060 ANNUAL COMPLIANCE REVIEW. Each approved Develop- ment Agreement shall be reviewed at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Agreement. If, as a result of such periodic review, the City of Azusa finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the Agreement, the City may terminate or modify the Agreement. Sec. 19.68.070 CONTENTS. Each Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reserva- tion or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subse- quent discretionary actions, provided that such conditions, terms , restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement. The Agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. Sec. 19 . 68.080 ENFORCEMENT. Unless amended or cancelled pursu- ant to Section 19 .68.100 below, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any appli- cable general or specific plan, zoning, sub- division, or building regulation adopted by the City of Azusa which alters or amends the rules, regulations or policies applicable to the develop- ment or use of the property affected by said Agreement. Sec. 1968.090 APPLICATION OF EXISTING RULES, REGULATIONS AND POLICIES. Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the Agreement. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regula- tions, and policies which the City determines do -2- not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. Sec. 19 .68.100 AMENDMENT OR CANCELLATION. Following public hearing pursuant to Section 19.68.030 above, a Development Agreement may be amended, or can- celled in whole or in part, by mutual consent of the parties to the Agreement or their succes- sors in interest. Sec. 19. 68.110 RECORDATION. No later than 10 days after the City enters into a Development Agreement, the City Clerk shall record with the County Recorder a copy of the Agreement, which shall describe the land subject thereto. From and after the time of such recordation, the Agreement shall impart such notice thereof to all persons as is afforded by the recording laws of California. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the Agreement. Sec. 19 .68.120 COMPLIANCE WITH FEDERAL REGULATIONS. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agree- ment, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regu- lations. SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be pub- lished as required by law. PASSED AND APPROVED this 7 day of June , 1982. Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2139 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17 day of May , 1982. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7 day of June , 1982, by the following vote to wit: AYES: COUNCILMEN: Decker, Hart, Latta, Mcses NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADOLP�i SOLIS,'City Clerk Publish Azusa Herald6/16/82 -3-