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.
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.
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
(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)
The burden of a development agreement shall be binding upon,
and the benefits of the agreement shall inure to, all successor(s)-in-interest
to the parties to the agreement.
(Prior code § 16-525.180)
Development agreements approved by the Council shall be on file
with the City Clerk.
(Prior code § 16-525.190)
