The purpose of this chapter is to establish procedures and requirements
for the review and approval of development agreements. The City Council
finds that:
(A)
Large scale developments are typically phased projects extending
over a period of several years, requiring multiple entitlements and
long-term commitment of both public and private resources.
(B)
Large-scale developments often require integration between public
and capital facilities planning, financing and construction phasing
of private projects.
(C)
Large-scale developments often incorporate mixed-use design opportunities
while maintaining land use consistency with surrounding land uses.
(D)
Large-scale developments have long-term structuring and development
management that requires flexibility in development and entitlement
negotiations.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
(B)
While any person proposing a project may request a development agreement, all projects proposing a large-scale development must enter into a development agreement with the City. A "large-scale development" is one with 10 or more residential or commercial units; hotels or motels with more than 25 guest rooms; shopping centers with five or more structures; or industrial projects consisting of either 50,000 or more square feet of building space or on lots greater than one acre. Large-scale developments may utilize the BRDZ set forth in Chapter 21.45 of this code.
(C)
The applicant may file an application with the City Planner to enter
into a development agreement provided that:
(1)
For applicants other than the City Council, the status of the applicant
as having legal or equitable interest in the subject real property
is established to the satisfaction of the City Planner; and
(2)
The application is accompanied by all documents, information, and
materials pursuant to the site plan submittal requirements provided
by this code, an application fee established by City Council resolution,
and any additional requirements established by the City Planner.
(D)
Planner Review. The City Planner is authorized to receive, review,
process, and prepare recommendations for City Council consideration
on all applications for development agreements.
(E)
Concurrent Processing and Public Hearings. All development-related
applications will be processed and scheduled for public hearing in
conjunction with the application for a development agreement. Unless
otherwise specifically approved by the City Council in connection
with the initial approval of a development agreement, the maximum
term for a development agreement is five years.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
(A)
Mandatory Contents. A development agreement entered into in compliance
with this chapter must contain the mandatory provisions (e.g., conditions,
requirements, restrictions, and terms) required by California law
(Government Code Section 65865.2, as amended) including, without limitation,
identification of the public benefit.
(B)
For development agreements governing projects with 10 or more residential
or commercial units, the development agreement must contain clauses
requiring the applicant to establish an owner's association in accordance
with the Monterey Park Homeowners Association Monitoring Program established
by City Council resolution.
(C)
Permissive Contents. A development agreement may include any other
terms determined to be appropriate and necessary by the City Council,
including provisions for the payment to the City of monetary consideration
for public benefit.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
(A)
Agreement Deemed Withdrawn. The City Council may authorize the Mayor
or City Manager to execute a development agreement. If the applicant
has not executed the development agreement and returned the executed
agreement to the City Clerk within 30 days after the effective date
of the City Council's approval, the development agreement application
is deemed withdrawn and any signature by the Mayor or City Manager
is void. The Council may extend the 30 day period for good cause shown
if a written request is filed before the expiration.
(B)
Other Permits or Entitlements. Nothing in this chapter limits conditions
of approval for any other discretionary permit in this code.
(C)
Recordation. A development agreement must be recorded with the County
Recorder not later than 10 days after it is executed, in compliance
with Government Code Section 65868.5, as amended.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
(A)
Periodic Review. Every development agreement approved and executed
in compliance with this chapter is subject to annual review by the
City Planner, or designee, during the full term of the agreement.
Appropriate fees to cover the City's costs to conduct the periodic
reviews will be collected in accordance with city council resolution.
(B)
Purpose of Periodic Review. The purpose of the periodic review is
to determine whether the contracting party or the successor-in-interest
has complied in good faith with the terms and conditions of the development
agreement. The burden of proof is on the applicant or contracting
party or the successor to demonstrate compliance to the full satisfaction
of, and in a manner prescribed by, the City.
(C)
Result of Periodic Review. If, as a result of a periodic review in
compliance with this chapter, the City Planner finds and determines,
on the basis of substantial evidence, that the contracting party or
the successor-in-interest has not complied in good faith with the
terms or conditions of the development agreement, the City Planner
will notify the City Council that the development agreement be terminated
or modified.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
A development agreement may be amended or canceled, in whole
or in part, by mutual consent of all parties to the agreement, or
their successor-in-interest, in compliance with Government Code Section
65868, as amended, or as set forth in the agreement. The requested
amendment or cancellation will be processed in the same manner specified
by this chapter for the adoption of a development agreement.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
The failure of any person entitled to notice required by law
or this chapter to receive such notice does not affect the authority
of the City to enter into nor invalidate a development agreement entered
into by the City or other action taken under this chapter.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
Except as provided in this chapter or in the development agreement
itself, a development agreement may be enforced by any party notwithstanding
any change in any applicable general or specific plan, zoning, subdivision,
or building regulation adopted by the City which alters or amends
the rules, regulations, or policies.
(Ord. 2097 § 3, 2013; Ord. 2193 § 1, 2020)
