A.
These provisions are intended to establish procedures and requirements for the consideration 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. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the California Government Code, and shall be so construed, except as to changes allowed by a Charter City.
B.
Interpreting the provisions of any development agreement entered into pursuant to this chapter, those provisions shall be read to fully implement, and to be consistent with, the language of this chapter, Article 2.5 of the California Government Code, cited in subsection A of this section, and the agreement itself. In the event that any apparent discrepancies between the meaning of these documents arise, then the documents shall control in interpreting the development agreement in the following order of priority:
1.
Terms
and expressions of the development agreement itself;
2.
Provisions
of this chapter; and
3.
Provisions
of Article 2.5 of the California Government Code, cited above.
(Prior code § 159.40.010; Ord. 748 2-2-22)
A.
Any
owner of real property or other person having a legal or equitable
interest in the property may request and apply through the Director
to enter into a development agreement provided that:
1.
Property
proposed to be subject to the agreement shall be not less than 1 acre
in size;
2.
Application
is made on forms approved, and contains all information required,
by the Director;
3.
The
status of the applicant as an owner of, or holder of legal or equitable
interest in the property is established to the satisfaction of the
Director; and
B.
This
chapter empowers the Director to receive, review, process and prepare,
together with recommendations, for Council consideration, as applicable,
all applications for development agreements. The Director may call
upon all other departments of the City for timely assistance in complying
with this chapter.
(Prior code § 159.40.020; Ord. 748 2-2-22)
A.
Upon finding the application for a development agreement complete, the Director shall set the application, together with recommendations, for public hearing before the City Council pursuant to Chapter 17.104 (Hearings and Appeals).
B.
Public
hearing notice(s) shall be given noticing intention to consider adoption
of a development agreement as required by Government Code Section
65867.
C.
In
the event the Council approves or conditionally approves the application,
it shall, as a part of its action of approval, direct the City Attorney
to prepare a development agreement embodying the terms and conditions
of the application as approved or conditionally approved by it, as
well as a resolution authorizing execution of development agreement
by the City Manager.
D.
The
resolution shall set forth findings, and the facts supporting them,
that the development agreement is consistent with the General Plan
and any applicable specific plans, this Zoning Ordinance, and that
it will promote the welfare and public interest of the City.
E.
The
resolution may be subjected to referendum in the manner provided by
law.
(Prior code § 159.40.030; Ord. 748 2-2-22)
A.
Mandatory
Contents. Development agreements entered into pursuant to this chapter
must contain provisions that:
1.
Specify
the duration of the agreement;
2.
Specify
the permitted uses of the property;
3.
Specify
the density or intensity of use(s);
4.
Set
forth the maximum height and size of proposed structures;
5.
Set
forth provisions, if any, for reservation or dedication of land for
public purposes;
6.
Provisions
not permitting protection from a future increase in development fees;
8.
Provisions
for a health and safety exception such as a “compelling public
necessity” (i.e., a new environmental health hazard is discovered).
B.
Permissive
Contents. Development agreements entered into pursuant to this chapter
may:
1.
Incorporate
terms, conditions, restrictions, and requirements for subsequent discretionary
actions, provided that such conditions, terms, restrictions, and requirements
for subsequent discretionary actions shall not prevent development
of the land for the uses, and to the density or intensity of development,
set forth in the agreement;
2.
Include
provisions that construction shall be commenced within a specified
time and that the project or any phase thereof shall be completed
within a specified time;
3.
Incorporate
terms and conditions relating to applicant financing of necessary
public improvements and facilities, including, but not limited to,
applicant participation in benefit assessment proceedings; and
4.
Incorporate
such other terms, conditions and requirements as the Council may deem
necessary and proper, including, but not limited to, a requirement
for assuring, to the satisfaction of the City, performance of all
provisions of the agreement in a timely fashion by the applicant/contracting
party.
(Prior code § 159.40.040; Ord. 748 2-2-22)
A.
The development agreement shall not be executed by the City until on or after the date upon which the resolution approving the agreement and enacted pursuant to Section 17.84.030 becomes effective.
B.
A development
agreement that has been properly executed shall be recorded in the
office of the County Recorder no later than 10 days after it is entered
into.
(Prior code § 159.40.050; Ord. 748 2-2-22)
Approval or conditional approval of a development agreement,
pursuant to this chapter shall be deemed a discretionary act for purposes
of the California Environmental Quality Act (CEQA).
(Prior code § 159.40.060; Ord. 748 2-2-22)
A.
All
development agreements approved and executed pursuant to this chapter
shall be periodically reviewed during the term of the agreement every
year following the date of execution.
B.
Reviews
conducted pursuant to this section shall be to determine whether the
applicant/contracting party or its successor in interest has complied
in good faith with the terms of the development agreement. The burden
shall be on the applicant/contracting party or its successor to demonstrate
such compliance to the full satisfaction of, and in a manner as prescribed
by the City.
C.
In
the event that, as a result of periodic review pursuant to this section,
the Council finds and determines, on the basis of substantial evidence,
that the applicant/contracting party or its successor in interest
has not complied in good faith with terms or conditions of the agreement,
the Council may order, after hearing, that the agreement be terminated
or modified.
(Prior code § 159.40.070; Ord. 748 2-2-22)
The rules, regulations and official policies governing permitted
uses of the land, density limits, and design standards, 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, unless otherwise provided by the development agreement.
A development 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 denying or conditionally
approving any subsequent development project application on the basis
of such existing or new rules, regulations and policies.
(Prior code § 159.40.080; Ord. 748 2-2-22)
Pursuant to this chapter, development agreements approved by
the Council are on file with the office of the City Clerk.
(Prior code § 159.40.090; Ord. 748 2-2-22)
