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Ordinance No. 678231 ORDINANCE NO. 678 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTION 20, "DEVELOPMENT AGREE- MENTS", TO ORDINANCE NO. 640, THE ZONING ORDINANCE OF SAID CITY The City Council of the City of Cypress HEREBY DOES ORDAIN as follows: SECTION 1. Section 20, entitled "Development Agreements" hereby is added to Ordinance No. 640, the Zoning Ordinance, to read as follows: SECTION 20. DEVELOPAENr AGREEMENTS SECTION 20.0 GENERAL A. Authority for adoption. This Section is adopted under the authority of Government Code §§ 65864- 65869.5. B. Forms and information. (a) The Community Development Director shall pre- scribe the form for each application, notice and document pro- vided for or required under this Section 20 for the preparation and implementation of development agreements. (b) The Community Development Director may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application. C. Fees. The City Council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under this Section 20. No application shall be deemed filed unless accompanied by payment of such fees and charges. D. Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. "Applicant" includes authorized agent. The Community Development Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. E. Proposed form of agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form. 232 F. Review of application. Tine Community Development Director shall endorse on the application the date it is re- ceived. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept if for fil- ing. The director shall review the application and determine the additional requirements necessary to complete the agree- ment. After receiving the required information, he shall pre- pare a staff report and recommendation and shall state whether or not the agreement proposed or in an amended form would be consistent with the general plan and any applicable specific plan. SECTION 20.1 NOTICES AND HEARING A. Duty to give notice. The Community Development Director shall give notice of the City's intention to consider adoption of a development agreement and of any other public hearing required oy law or these rules. B. Requirements for form and time of notice of intention to consider adoption of development agreement. (a) Form of notice. The form of the notice of inten- tion to consider adoption of a development agreement shall con- tain: (1) the time and place of hearing; (2) a general explanation of the matter to be considered including a general description of the area affected; and (3) other information required by specific pro- vision of this Section 20 or which the Community Develop- ment Director considers necessary or desirable. (b) Time and manner of notice. The time and manner of giving notice is by: (1) Posting. Posting in at least 3 public places in the City at least 10 days prior to the hearing. (2) Mailing. Mailing of the notice to all persons shown on the last equalized assessment roll as own- ing real property within 300 feet of the property which is the subject of the proposed development agreement at least 10 days prior to the hearing. If the number of owners to whom notice is to be mailed is greater than 1,000, the Community Development Director may as an alternative pro- vide notice in the manner set forth in §65854.5(b) of the Government Code. (c) Additional notice. The City Council may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements pre- scribed bv,state law. -2- 233 (d) Declaration of existing law. The notice require- ments referred to in subsections (a) and (b) are declaratory of existing law (Govt. Code §65867 and § §65854, 65854.5 and 65856 as incorporated by reference). If state law prescribes a different notice requirement, notice shall be given in that manner. C. Failure to receive notice. The failure of any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a develop- ment agreement. D. Rules governing conduct of hearing. The public hear- ing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code §65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof at the public hearing on the proposed development agreement. E. Irregularity in proceedings. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ( "error ") as to any matter pertaining to any petition, application, notice, finding, record, hearing, report, recom- mendation, or any matter of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was pre- judicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. SECTION 20.2 FINDINGS AND DECISION A. Determination by City Council. After the hearing by the City Council, the City Council shall make its decision to approve, to disapprove or, with the consent of the applicant, to modify and approve as so modified the proposed development agreement; provided, however, no such agreement may be approved unless the City Council finds that it: (1) is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; (2) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) is in conformity with public convenience, general welfare and good land use practice; and (4) will not be detrimental to the health, safety and general welfare. -3- 234 B. Approval of development agreement. If the City Council approves the development agreement, it shall do so by the adoption of an ordinance, which shall be subject to refer- endum. After the ordinance approving the development agreement takes effect, the City may enter into the agreement. SECTION 20.3 AMENDMENT AND CANCELLATION OF AGREEMENT BY MUTUAL CONSENT A. Initiation of amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of a development agreement previously entered into. 13. Procedure. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance as provided for herein - above. However, where the City initiated the proposed amend - ment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 30 days in advance of the giving of notice of intention to consider the amendment or cancellation. SECTION 20.4 RECORDATION Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code §65868, or if the City terminates or modifies the agreement as provided in Government Code §6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder. SECTION 20.5 PERIODIC REVIEW A. Time for and initiation of review. The City shall review the development agreement at least once every 12 months from the date the agreement is entered into. B. Notice of periodic review. The Community Development Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. He shall give the notice at least 10 days in advance of the time at which the matter will be considered. C. Delegation to Community Development Director. The periodic review provided for hereinunder shall be conducted by the Community Development Director. D. Public Hearing. The Community Development Director shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agree- ment. The burden of proof on this issue is upon the property owner. -4- 23'5 E. Findings upon public hearing. The Community Develop- ment Director shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and condi- tions of the agreement. F. Procedure upon findings. (a) If the City finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. (b) If the City finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may modify or termi- nate the agreement. (c) The property owner may appeal a determination pur- suant to paragraph (b) to the City Council in accordance with the City's rules for consideration of appeals. SECTION 20.6 MODIFICATION OR TERMINATION A. Proceedings upon modification or termination. If, upon a finding under Section 20.5(b), the City determines to proceed with modification or termination of the agreement, the City shall give notice to the property owner of its intention so to do. The notice shall contain: (1) The time and place of the hearing; (2) A statement as to whether or not the City proposes to terminate or to modify the development agree- ment; and (3) Other information which the City considers necessary to inform the property owner of the nature of the proceeding. B. Hearing on modification or termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Community Development Director for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final. SECTION 2. Severability. If any section, subsection, sub- division, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this or- dinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sen- tences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. 5 236 SECTION 3. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice thereof by causing copies of this ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 27th day of April 1981, and finally adopted and ordered posted at a regular meeting of said Council held on the llth day of May 1981. ATTEST: CITY LERK MAYOR OF THE CITY OF CYPRESS /// F THE CITY OF CYPRESS STATE OF CALFORNIA COUNTY OF ORANGE SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the llth day of May 1981 by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCIL MEMBERS: Lacayo, Rowan and Mullen 0 COUNCIL MEMBERS : None 1 COUNCIL MEMBERS: Coronado 6 CITY CLERK OF E CITY OF CYPRESS