This chapter is intended to provide procedures and minimum guidelines/requirements for the review, consideration, approval, and modification of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.
(Prior code § 16-525.010)
The provisions of this chapter shall be under the authority of, and be fully consistent and in full compliance with, the City Charter and the provisions of State law (Article 2.5 of Chapter 4 of Chapter 1 of Title 7, commencing with Section 65864 of the Government Code).
(Prior code § 16-525.020)
The Council is the Review Authority for development agreements, based on the recommendation of the Commission.
(Prior code § 16-525.030)
A. 
General. A development agreement is a legal, written contract between the City and any person(s), including owner(s), developer(s), and/or successor(s)-in-interest, having a legal or equitable interest in a specific piece of real property. It specifies the terms for the development of the piece of real property and grants rights to the owner(s), developer(s), and/or successor(s)-in-interest to develop the real property under the agreed terms.
B. 
Annexation.
1. 
Agreements for Unincorporated Areas. The City may enter into a development agreement with any person(s) having a legal or equitable interest in real property in an unincorporated area within the City's urban service area, however, the agreement shall only become effective upon the recordation of the LAFCO certificate of completion annexing the property into the City. If the annexation is not completed within the time specified in the agreement, or any extension of the agreement, the agreement shall be deemed void.
2. 
Agreements With the County. Any development agreement which has been entered into by the County before the effective date of the annexation and which meets the requirements of State law (Government Code Section 65865.3) shall:
a. 
Remain valid for the duration of the agreement, or eight years from the effective date of annexation, whichever first occurs. The holder of the agreement and the City may, by mutual consent, extend the life of the agreement up to 15 total years; or
b. 
Be subject to modification or suspension by the City of the provisions of the agreement if the City determines that failure to do so would place the residents of the subject property and/or the residents of the City in a condition which is dangerous to their health or safety, after a noticed hearing in compliance with Section 16.128.070(G) (Notice and hearings).
(Prior code § 16-525.040)
A development agreement may be initiated in the following manner:
A. 
Council. By the Council with referral to the Commission, provided those having a legal and equitable interest in the subject property have provided a written statement of consent;
B. 
Commission. By an affirmative vote of the Commission, provided those having a legal and equitable interest in the subject property have provided a written statement of consent; or
C. 
Property Owner. By any person(s) having a legal and equitable interest in the real property, including the legal owner(s) of the subject property or their agent(s), provided ownership can be demonstrated to the satisfaction of the Director.
(Prior code § 16-525.050)
An application for a development agreement shall contain the following:
A. 
Title Report. A title report or other evidence providing proof of the applicant's legal or equitable interest in the subject real property, with a legal description of the property sufficient for recordation.
B. 
Proposed Development Agreement. Each application shall be accompanied by a development agreement proposed by the applicant. This requirement may be met by designating the City's standard form as the development agreement and including specific proposals for changes in or additions to the language of the standard form. Any proposed development agreement shall be consistent with each provision of this chapter and shall, at the discretion of the Director, include the following information:
1. 
The parties to the development agreement;
2. 
A description of the proposed development project (the "project") that is sufficient to enable the City to review the application and accompanying documentation for legality, compliance with development standards, consistency with the General Plan and applicable specific plan, precise road plan, or master development plan, environmental assessment requirements, and compliance with other City ordinances, resolutions, policies, and rules and regulations;
3. 
A list, to the extent available, of each discretionary or ministerial action, permit, and/or necessary or previously obtained entitlements for the project, including actions, permits, and/or entitlements issued by, or to be obtained from, agencies other than the City. The listing shall describe and distinguish between those elements of the development project which are proposed to be required by the development agreement and those which may be subject to further review;
4. 
The proposed duration of the agreement;
5. 
The allowed uses of the property;
6. 
The allowed density or intensity of use;
7. 
The maximum area, height, location, setback, and size of structures;
8. 
Provisions for reservation or dedication of land for public purposes;
9. 
A legal description of the property that is subject to the agreement sufficient for recordation;
10. 
A clause requiring the applicant to indemnify the City against claims arising out of the development process and to provide insurance in an amount and form acceptable to the City to ensure the applicant's ability to satisfy its indemnification duty;
11. 
The date on which construction shall begin and the date when the project or any phase of the project shall be complete;
12. 
Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided they do not prevent development which conforms with the development agreement;
13. 
Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;
14. 
Restrictions on the assign ability of the agreement by the applicant and, if assignable, provisions ensuring that the successor(s)-in-interest assumes the obligations under the agreement;
15. 
Include preliminary site plans, a description of the project's relationship to adjacent properties, and a statement of the project's relationship to the General Plan and any applicable specific plan, precise road plan, or master development plan;
16. 
Prior to approval of any building permit for the project, the following shall be submitted to the Department to be reviewed and approved, by the Director, for consistency with the City of Stockton Citywide Design Guidelines:
a. 
Site plan (in substantial conformity with the preliminary site plan, as determined by the Director),
b. 
Exterior elevation plans for all structures,
c. 
Architectural colored perspective rendering for all structures,
d. 
Construction/materials information for all structures, and
e. 
A comprehensive sign program;
17. 
Distinguish between those elements of the project which shall be fixed under the development agreement and those elements which may vary, including the standards and criteria by which the variable elements would be reviewed;
18. 
Provisions for minor modification of the development agreement; and
19. 
Other terms and conditions related to the project which are mutually agreeable to the parties.
C. 
Fee. Processing fees, as established by the Council's fee resolution for development agreements or rezonings, shall be collected with an application for a development agreement made in compliance with this chapter. An application shall not be deemed complete unless it is accompanied by the current filing and processing fee. The filing and processing fee shall be in addition to any other fees required to develop the subject development project.
(Prior code § 16-525.060)
A. 
Pre-Application Conference. If the development agreement is initiated by the owner of the property, an authorized agent, or an affected party, a pre-application conference with the Director is strongly encouraged before the filing of a development agreement.
B. 
Filing. An application for a development agreement shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees).
C. 
Review for Completeness.
1. 
The Director is authorized to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.
2. 
Each City division or department, as applicable, shall review, comment upon, and recommend any necessary or desirable changes.
3. 
The City Attorney shall review and approve the development agreement as to form.
4. 
The City may request any additional information or documentation necessary to complete the agreement.
5. 
In the event the application is determined not to be complete, the City's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.
6. 
When the application is deemed to be complete, it shall be accepted for filing and the applicant shall be notified.
D. 
Concurrent Processing. All development related applications shall be processed and scheduled for public hearing(s) concurrently with the application for a development agreement, to the extent practicable. The development agreement shall not constitute a substitute for, or an alternative to, any other required permit(s) or approval(s), and the applicant shall comply with all other required procedures for development project approval.
E. 
Withdrawal. The applicant, the Commission, or the Council, whoever initiated the application, may withdraw an application for a development agreement at anytime during the review process. Withdrawal shall terminate the processing of the development agreement.
F. 
Development Review Committee (DRC). The DRC shall review the development agreement and make a recommendation to the Director.
G. 
Notice and Hearings. Except for the following, notices and the public hearing for a development agreement shall be in compliance with Chapter 16.88 (Review Procedures) for actions requiring final approval by the Council.
1. 
Commission's Action. The Commission shall not recommend approval of a development agreement without the findings required by Section 16.128.080 (Findings and decision).
a. 
Approval. The Commission shall not be required to recommend the identical development agreement as initiated by the applicant, but may recommend any changes it deems necessary, desirable, or in the public interest.
b. 
Disapproval. The Commission's action for disapproval shall be final unless an appeal to the Council is filed in compliance with Chapter 16.100 (Appeals).
2. 
Council's Action.
a. 
Determination. The Council shall not approve the development agreement without the findings required by Section 16.128.080 (Findings and decision).
i. 
Approval. The Council shall not be required to approve the identical development agreement recommended by the Commission or initiated by the applicant, but may make any changes it deems necessary, desirable, or in the public interest.
(A) 
The vote of four Council members shall be required to approve a development agreement in substantial compliance with the agreement recommended by the Commission.
(B) 
Any substantial change, not previously considered by the Commission, to the development agreement requires that the development agreement be referred back to the Commission who shall consider the change(s) proposed by the Council in compliance with the procedures identified in this section and make a recommendation to the Council.
(C) 
If the Commission did not approve the development agreement and that decision has been appealed to the Council, it shall take four concurring votes by the Council to overturn the Commission's decision and approve the development agreement.
ii. 
Disapproval. If the Council does not approve the development agreement:
(A) 
That determination shall be final and conclusive; and
(B) 
The same or similar application shall not be filed within 12 months from the date of the final disapproval, except with the permission of the Council.
b. 
Ordinance.
i. 
Adopting Ordinance. A Council action to approve or conditionally approve the application shall also direct the preparation of a development agreement containing the conditions and terms of the application that the Council approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Government Code Section 65867.5).
ii. 
Referendum. A development agreement adopted by ordinance is subject to a referendum in compliance with Government Code Section 65867.5.
(Prior code § 16-525.070; Ord. 2018-01-23-1503 § IV)
The ordinance shall contain the following findings of fact and the facts supporting them. It is the responsibility of the applicant to establish evidence in support of the required findings. The development agreement would:
A. 
Be in the best interests of the City;
B. 
Comply with this Development Code and other applicable ordinances and regulations;
C. 
Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan;
D. 
Not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare;
E. 
Comply with the conditions, requirements, restrictions, and terms of Section 16.128.060(B) (Preparation and content—Proposed development agreement); and
F. 
Comply with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-525.080)
A. 
Execution. If the applicant has not executed the development agreement and returned the executed agreement to the City Clerk within 30 days following the date of Council decision to approve the agreement, the development agreement application shall be deemed withdrawn. If this occurs the Council shall not adopt the ordinance and the City Manager shall not execute the agreement. The Council may extend the 30-day period if a written request is filed before the expiration.
B. 
Effective Date. If approved by ordinance of the Council, the development agreement shall become effective upon notarized execution by the authorized representatives of all parties to the agreement, but no sooner than 30 days after final passage and adoption of the ordinance.
C. 
Mutual Consent. A development agreement may be executed only on the mutual consent of each party to the agreement.
D. 
Other Permits or Entitlements. The provisions of this chapter shall not be interpreted to prohibit the Director, Commission, or Council from conditioning the approval of other discretionary permits or entitlements after the execution of a development agreement, where the conditions are otherwise authorized by law.
E. 
Recordation. A development agreement shall be recorded by the City Clerk with the County Recorder's Office no later than 10 days after it is executed, in compliance with State law (Government Code Section 65868.5). Any cost for recordation shall be paid by the applicant.
(Prior code § 16-525.090)
The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-525.100)
A. 
Subject to Periodic Review. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review of the applicant's/contracting party's compliance with the agreement, by the Commission, during the full term of the agreement, as specified in the agreement, but in no case less frequently than once every 12 months. Appropriate fees to cover the City's cost(s) to conduct the periodic reviews in compliance with the Council's fee resolution shall be collected from the applicant/contracting party.
B. 
Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant/contracting party and/or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party and/or the successor(s)-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner specified by, the City.
C. 
Result of Review. If, as a result of a periodic review in compliance with this section, the Commission finds and determines, on the basis of substantial evidence, that the applicant/ contracting party and/or the successor(s)-in-interest, as applicable, has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the applicant and/or their successor(s)-in-interest of the findings by certified mail. The notification shall state that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the development agreement.
D. 
Duty of the Applicant. It is the duty of the applicant and/or the successor(s)-in-interest to provide evidence of good faith compliance with the agreement to the Commission's satisfaction at the time of the review. Refusal by the applicant and/or the successor(s)-in-interest to provide the required information shall be deemed grounds for termination of the development agreement.
E. 
Modification or Termination of the Agreement. If, at the end of the time period established by the Director, the applicant and/or the successor(s)-in-interest has failed to comply with the terms of the agreement.
1. 
Commission's Notification. The Commission shall notify the Council of its findings, recommending action as it deems appropriate.
2. 
Council's Action. If the Commission reports a violation of a development agreement, the Council may take one or more of the following actions:
a. 
Approve the Commission's Recommendation. Approve the recommendation of the Commission instructing that appropriate action be taken in cases other than a recommendation to terminate or modify an agreement;
b. 
Refer Back to the Commission. Refer the matter back to the Commission for further proceedings with or without instructions; or
c. 
Conduct Hearing. Schedule the matter for hearing before the Council where termination or modification of an agreement is recommended. The conduct of the hearing shall be in compliance with Chapter 16.88 (Review Procedures).
(Prior code § 16-525.110)
A development agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or the successor(s)-in-interest in compliance with State law (Government Code Section 65868).
A. 
Initiated by the City. If the development agreement was initiated by the City, the City shall first give written notice to each party other than the City who executed the agreement of its intention to initiate a modification or termination not less than 30 days in advance of giving public notice of the hearing to consider the modification or termination.
B. 
Modifications.
1. 
Major Modification. Any modification to the development agreement which relates to the duration of the agreement, allowed uses of the property, density or intensity of use, height or size of proposed structures, or provisions for reservation or dedication of land shall be processed in the same manner identified by this chapter for the adoption of a development agreement.
2. 
Minor Modification. All other modifications to the development agreement may be executed by an agreement between the parties and shall not require a noticed public hearing.
C. 
Terminate Unilaterally. Nothing in this section shall limit or otherwise affect the City's ability to terminate unilaterally or modify a development agreement as a result of periodic review in compliance with Section 16.128.110 (Periodic review).
(Prior code § 16-525.120)
A. 
Performance Guarantees. The applicant/owner may elect to provide adequate performance security for the faithful performance of the implementation of a portion(s) of the agreement if the Director determines it may be implemented at a later specified date in compliance with Section 16.72.070 (Improvements (Plans, agreements and security)).
B. 
Interpreting the Provisions. A recorded development agreement and any terms, conditions, maps, notes, reference, or regulations which are a part of the development agreement shall be considered enforceable elements of the Municipal Code. In interpreting the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, State law (Article 2.5 of the Government Code, cited above), and the agreement itself.
C. 
Apparent Discrepancies. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents in the following order:
1. 
The plain terms of the development agreement itself;
2. 
The provisions of this chapter; and
3. 
The provisions of State law (Article 2.5 of the Government Code, cited above).
(Prior code § 16-525.130)
A. 
Rules and Regulations. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. This does not apply to fees.
B. 
New Rules and Regulations. Unless specifically provided for in the development agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies and periodic review.
(Prior code § 16-525.140)
In the event that State or Federal laws or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the State or Federal laws or regulations.
(Prior code § 16-525.150)
The City may suspend the issuance of a building permit(s) for the subject development project after a noticed hearing in compliance with Chapter 16.88 (Review Procedures), if it finds that failure do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(Prior code § 16-525.160)
A. 
Enforceability. Unless and until amended or canceled, in whole or in part, in compliance with Section 16.128.120 (Modification or termination of development agreement), a development agreement shall be enforceable by any party to the agreement, notwithstanding any change in any applicable General Plan, specific plan, precise road plan, or master development plan, or zoning, subdivision, or building regulations adopted by the City which alters or amends the rules, regulations, or policies specified in the development agreement.
B. 
Injunctive Relief. If the Council finds that significant public harm would result from noncompliance with the terms and conditions of a development agreement by the applicant(s) or successor(s)-in-interest and further finds that the potential harm to the public outweighs any potential harm to the applicant(s) or their successor(s)-in-interest so that injunctive relief is the most appropriate way to protect against public harm, the City may, in addition to any other remedy or relief provided by law, enforce an adopted development agreement and any of its terms by a temporary, preliminary, or permanent injunctions issued by a court of competent jurisdiction.
(Prior code § 16-525.170)