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.
C. Except as provided for in Section
9.60.180, the development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the 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)