This chapter establishes procedures and requirements for the
review and approval of development agreements consistent with the
provisions of state law.
(Ord. 01-594 § 2, 2001)
A. Owner's Request. An owner of real property may request and
apply through the Planning and Development Services Department to
enter into a development agreement provided that:
1. The
status of the applicant as property owner or bona fide representative
of the owner is established to the satisfaction of the Planning and
Development Services Director;
2. The
application is accompanied by all documents, information, and materials
required by the Planning and Development Services Department.
B. Planning and Development Services Director Review. The Planning
and Development Services Director shall receive, review, process,
and prepare recommendations for Planning Commission and Council consideration
on all applications for development agreements.
C. Concurrent Processing and Public Hearings. All development-related
applications shall be processed and scheduled for public hearing concurrently
with the application for a development agreement. The Council shall
be the review authority for the development agreement and all associated
applications.
D. Fees. The application for approval of a development agreement shall include the processing fee established by the city's Fee Resolution. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Planning and Development Services Director in compliance with Section
19.66.070(A), below.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 222, 2019)
A. Planning Commission Hearing. The Planning and Development Services Director, upon finding the application for a development agreement complete, shall set the date for a public hearing before the Planning Commission in compliance with Chapter
19.74 (Public Hearings and Notice). Following conclusion of a public hearing, the Planning Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.
B. Council Hearing. Upon receipt of the Planning Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter
19.74 (Public Hearings and Notice). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application with appropriate findings in compliance with subsection
(E) (Required findings), below.
If the Council proposes to adopt a substantial modification
to the development agreement not previously considered by the Planning
Commission during its hearings, the proposed modification shall be
first referred back to the Planning Commission for its recommendation,
in compliance with state law (
Government Code Section 65857). Failure
of the Planning Commission to report back to the Council within 40
days after the referral, or within a longer time set by the Council,
shall be deemed a recommendation for approval of the proposed modification.
C. Notice of the Hearings. Notice of the hearings outlined in subsections
(A) and
(B), above, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (
Government Code Section 65867).
D. Adopting Ordinance. Should the Council approve or conditionally
approve the application, it shall, as a part of the action of approval,
direct the preparation of a development agreement embodying the conditions
and terms of the application as approved or conditionally approved
by it, as well as an ordinance authorizing execution of the development
agreement by the Council, in compliance with state law (Government
Code Section 65867.5).
E. Required Findings. The ordinance shall contain the following
findings and the facts supporting them. It is the responsibility of
the applicant to establish the evidence in support of the required
findings.
1. The
development agreement is in the best interests of the city, promoting
the public interest and welfare;
2. The
development agreement is consistent with all applicable provisions
of the General Plan, any applicable specific plan, and this Zoning
Ordinance;
3. The
development agreement does not:
a. Adversely affect the comfort, health, peace, or welfare, or valuation
of property, of persons residing or working in the vicinity of the
proposed development; or
b. Endanger, jeopardize, or otherwise constitute a menace to the public
convenience, health, interest, safety, or general welfare.
4. The development agreement is in compliance with the conditions, requirements, restrictions, and terms of Sections
19.66.040(A) (Mandatory contents) and 19.66.040(B) (Permissive contents), below.
F. Referendum. The ordinance is subject to referendum in compliance
with state law (
Government Code Section 65867.5).
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 223, 2019)
A. Effective Date. The city shall not execute any development
agreement until on or after the date on which the ordinance approving
the agreement becomes effective, and until it has been executed by
the applicant.
B. Execution. The applicant shall submit a signed copy of the
development agreement before the ordinance approving the agreement
is placed on the City Council agenda for adoption. Should the applicant
fail or refuse to sign the development agreement, the City Council
will adopt a resolution denying the application.
C. Other Permits or Entitlements. The provisions of this chapter
shall not be construed to prohibit the Planning and Development Services
Director, Planning Commission or Council from conditioning approval
of a discretionary permit or entitlement on the execution of a development
agreement where the condition is otherwise authorized by law.
D. Recordation. A development agreement shall be recorded with
the Los Angeles County Registrar – Recorder's Office no later
than 10 days after it is executed, in compliance with state law (Government
Code Section 65868.5).
(Ord. 01-594 § 2, 2001; Ord. 15-956 § 6, 2015; Ord. 19-1058 § 224, 2019)
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).
(Ord. 01-594 § 2, 2001)
A. Periodic Review. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic review by the Planning and Development Services Director during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the contracting party in compliance with Section
19.66.020(D) (Application), above.
B. Purpose of Periodic Review. The purpose of the periodic
review shall be 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 shall
be 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 section, the Planning and Development
Services Director 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
agreement, the Planning and Development Services Director shall notify
the Planning Commission which may recommend to the Council that the
agreement be terminated or modified.
The procedures for the termination or modification hearing shall comply with Section
19.66.030 (Public hearings and notice), above.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 225, 2019)
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 state law (Government
Code Section 65868), or as set forth in the agreement. The requested
amendment or cancellation shall be processed in the same manner specified
by this chapter for the adoption of a development agreement.
(Ord. 01-594 § 2, 2001)
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, and Building Code provisions 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.
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. Further,
a development agreement does not prevent the city from conditionally
approving or denying any subsequent development project application
on the basis of existing or new rules, regulations, and policies.
(Ord. 01-594 § 2, 2001)
Development agreements approved by the Council shall be on file
with the City Clerk.
(Ord. 01-594 § 2, 2001)