The purpose of this Chapter is to establish procedures and regulations
for Development Agreements.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
This Chapter is adopted pursuant to Article 11, Section 7 of
the California Constitution and pursuant to Government Code Section
65864 et seq. All Development Agreements entered into after the effective
date of this Chapter shall be processed in accordance with the provisions
of this Chapter. In performing his or her functions under this Chapter,
the Planning Director shall act under the direction of the City Manager.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Planning Director shall prescribe the form of each application,
notice and documents provided for or required under this Chapter for
the preparation, processing, and implementation of Development Agreements.
The application shall include a fiscal impact statement on the proposed
development. The Planning Director may require an applicant for a
Development Agreement to submit such information and supporting data
as the Planning Director considers necessary to process the application.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
An application for a Development Agreement may only be filed
by a person who has a legal or equitable interest in the real property
for which a Development Agreement is sought or the authorized representative
of such a person.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Each application shall be accompanied by the form of Development
Agreement proposed by the applicant.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Planning Director shall endorse on the application the date
it is received. The Planning Director shall review the application
and may reject the application if it is not completed in the manner
required by this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The application shall be reviewed by the Planning Director.
After reviewing the application and any other pertinent information,
the Planning Director shall prepare a staff report. The staff report
shall analyze the proposed development and shall contain a recommendation
as to whether or not the Development Agreement proposed or in an amended
form should be approved or disapproved.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
The
Planning Commission shall consider the proposed development agreement
and make a recommendation thereon to the City Council in the manner
set forth in this Chapter. The Planning Commission shall conclude
its consideration of and make its recommendation on the proposed development
agreement within ninety days of the time specified for the public
hearing in the notice of intention. The applicant may agree to extend
this ninety-day review period.
B.
In addition
to formal consideration of the proposed development agreement by the
Planning Commission pursuant to this Section, the City Council may
establish procedures for early conceptual review of the development
agreement proposal by the City Council and City Boards and Commissions
or a combination thereof preceding the Planning Commission's formal
consideration.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Upon completion of the staff report required by Section 9.60.070, the Planning Director shall give notice of intention to consider adoption of a Development Agreement. The notice shall contain:
A.
The
time and place of the public hearing.
B.
A general
explanation of the Development Agreement including a general description
of the property proposed to be developed.
C.
Other
information that the Planning Director considers necessary or desirable.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
The
Planning Commission shall hold a public hearing on the proposed Development
Agreement at the time and place specified in the notice.
B.
All
notice required by this Chapter shall be given in the following manner:
1.
Mailing
or delivery to the applicant and to all persons, including businesses,
corporations or other public or private entities, shown on the last
equalized assessment roll as owning real property within 500 feet
of the property which is the subject of the development agreement.
2.
Mailing
or delivery to all tenants of property within 500 feet of the property
which is the subject of the development agreement.
3.
Mailing
by first class mail to any person who has filed a written request
therefor with the Planning Director.
4.
Publication
at least once in a newspaper of general circulation published and
circulated in the City.
C.
The
failure to receive notice by any person entitled thereto by law or
this Chapter does not affect the authority of the City to enter into
a Development Agreement.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Planning Commission shall make its recommendation to the
City Council in writing. The recommendation shall include whether
or not the proposed Development Agreement:
A.
Is consistent
with the objectives, policies, general land uses and programs specified
in the General Plan and any applicable specific plan;
B.
Is compatible
with the uses authorized in the district in which the real property
is located;
C.
Is in
conformity with the public necessity, public convenience, general
welfare, and good land use practices;
D.
Will
be detrimental to the health, safety and general welfare;
E.
Will
adversely affect the orderly development of the property; and
F.
Will
have a positive fiscal impact on the City.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
After the recommendation of the Planning Commission or after the expiration of the time period specified in Section 9.60.080, the Planning Director shall give notice of a public hearing before the City Council in the manner provided for in Section 9.60.100.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
After
it completes the public hearing and considers the recommendation,
if any, of the Planning Commission, the City Council may accept, modify
or disapprove the proposed Development Agreement. It may, but need
not, refer the matters not previously considered by the Planning Commission
during its hearing back to the Planning Commission for report and
recommendation. The Planning Commission shall hold a public hearing
on matters referred back to it by the City Council.
B.
The
Development Agreement may not be approved unless the City Council
finds that the Development Agreement is consistent with the general
plan and any applicable specific plan.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Development Agreement shall be approved by the adoption
of an ordinance. Upon the adoption of the ordinance, the City shall
enter into the Development Agreement by the execution thereof by the
City Manager.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Either
the City or the applicant or successor in interest thereto may propose
an amendment or cancellation in whole or in part of the Development
Agreement.
B.
The
procedure for proposing and approving an amendment to or cancellation
in whole or in part of the Development Agreement shall be the same
as the procedure for entering into a Development Agreement.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
No later than ten days after the City enters into the development
agreement, the City Clerk shall record with the County Recorder a
copy of the Development Agreement.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
The
City Council shall review the Development Agreement at least every
twelve months from the date the development agreement is entered into.
B.
The
Planning Director shall give the applicant or successor in interest
thereto at least ten days' advance notice of the time at which the
City Council will review the Development Agreement.
C.
The
applicant or successor in interest thereto shall demonstrate good
faith compliance with the terms of the Development Agreement.
D.
If,
as a result of such periodic review, the City Council finds and determines,
on the basis of substantial evidence, that the applicant or successor
in interest thereto has not complied in good faith with the terms
or conditions of the Development Agreement, the City Council may commence
proceedings to enforce, modify or terminate the Development Agreement.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
If upon a finding under Section 9.60.170, the City Council determines to proceed with modification or termination of the Development Agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain:
1.
The
time and place of the hearing;
2.
A
statement as to whether or not the City Council proposes to modify
or terminate the development agreement;
3.
Any
proposed modification to the development agreement; and
4.
Other
information which the City Council considers necessary to inform the
applicant or successor in interest thereto of the nature of the hearing.
B.
At the
time set for the hearing on the modification or termination, the City
Council may take such action as it deems necessary to protect the
interests of the City.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
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 as to any matter pertaining to the application, notice,
finding, record, hearing, report, recommendation, or any other matters
of procedure whatsoever unless after an examination of the entire
record the court is of the opinion that the error complained of was
prejudicial and that a different result would have been probable if
the error had not occurred or existed.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
