This chapter is enacted pursuant to Section 65864 et seq., of the Government Code of the state of California in order to provide a means whereby the city and property owners can conclude agreements on proposed plans of development for specific property. The agreement assures the property owner that he can develop in accordance with the terms and conditions of said agreement and assures the city that the property will be developed in the manner agreed to therein. Specifically, this chapter is designed to achieve the following purposes:
A. 
To achieve consistency with the general plan and any applicable specific plan;
B. 
To contribute to strengthening the planning process;
C. 
To encourage private participation in the planning process;
D. 
To reduce the economic costs of development to the public.
(Ord. 59 § 1, 1985)
The city may enter into a development agreement, as provided for in this chapter, with any person having a legal or equitable interest in real property within the city for the development of such property. For the purposes of this chapter, the parties to the agreement shall include their successors in interest.
(Ord. 59 § 1, 1985)
A. 
A development agreement shall contain all of the requirements set forth in Section 15.40.050.
B. 
A development agreement may include conditions, terms, restrictions and requirements for subsequent land use entitlements with respect to the project, or portions thereof; provided, that such conditions, terms, restrictions and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.
C. 
A development agreement may include a covenant between the parties to the agreement to form any assessment district, benefit district, maintenance district or similar district, or undertake any other procedure, for the installation or maintenance of required or necessary on-site or off-site improvements or infrastructure, pursuant to the terms and conditions described in the agreement, or it may contain a covenant between the parties to the agreement to refrain from forming any assessment district, benefit district, maintenance district or similar district in return for the giving of other consideration by the parties thereto, in lieu of such formation.
D. 
A development agreement may include terms and conditions relating to developer financing of necessary public facilities and subsequent reimbursement over time.
E. 
A development agreement may include the developer's agreement to change the design details of any type of improvement to the project, as such details may be given in any land use entitlement approved prior to the date the application for the agreement is filed and identified in the agreement; provided, however, that if the agreement shall be terminated at the behest of the city, or if all or any portion of the development agreement should be invalidated, so that the developer does not receive the benefit of the consideration to be given by and to him or her pursuant to the agreement, the original text of the land use entitlements, as they existed prior to the date the application for the agreement was filed shall continue in full force and effect, and the developer shall have his or her original rights and remedies with respect thereto.
F. 
A development agreement may include such other covenants, conditions, restrictions, requirements, rules, regulations, policies, terms and standards as may be agreed upon by the parties.
G. 
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, 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. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. A development agreement shall be prepared consistent with Government Code Sections 65864 through 65869.5.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
No application for a development agreement shall be filed with the director of community development, unless the city council has decided, after a preliminary review, to proceed with consideration of the proposal. Request for preliminary review shall be submitted to the director of community development and shall be accompanied by a fee, as established by resolution of the city council. The request shall consist of a general description of the proposed agreement, which description shall include, at a minimum, the identity of the parties and property, a brief description of the project, and the term of, and consideration for, the agreement. The director shall conduct a review of the request. Thereafter, the director shall transmit a report and recommendation to the city council relative to whether the city should further consider the proposal. The city clerk shall give the person in whose name the request is submitted not less than 10 days' prior written notice of the date, time and place when the request shall be considered and of the right of said person to be heard. In the event the city council decides to proceed, an application may be filed pursuant to Section 15.40.050.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
Application for a development agreement shall be filed with the director of community development on forms provided by the director and shall be accompanied by a filing fee, as established by resolution of the city council, and a proposed form of the development agreement, as specified in Section 15.40.060.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
The proposed form of the development agreement shall consist of plans and narrative relative to the following:
A. 
The identity of parties to the agreement;
B. 
A legal description of the entire area of the property subject to the agreement;
C. 
The nature of the applicant's legal or equitable interest in the property;
D. 
A complete description of the project, including uses of the property; the relationship to adjacent properties; the density of residential uses; the intensity of nonresidential uses; the maximum height and size of structures; on-site and off-site traffic and circulation plans; and open space and recreation areas and facilities;
E. 
A description of any geological, seismic or other safety hazard present on the property and measures proposed to mitigate the same;
F. 
Provisions for reservation or dedication of land for public purposes;
G. 
The identification and incorporation by reference of the land use entitlements for the project, and any phase thereof, granted or approved by the city prior to the date the application for the agreement was filed;
H. 
The identification of the types of land use entitlements for the project, or any phase thereof, which must be considered for approval by the city for the project in order to build the project, or the phase;
I. 
The identification and incorporation by reference of existing rules, regulations and official policies that are applicable to the project, and any phase thereof, at the date of the agreement;
J. 
A description of the consideration for the agreement and a description of the dates or conditions upon which it is to be given;
K. 
The proposed starting and completion date for the project, and any phase thereof;
L. 
The term of the agreement;
M. 
A statement of the relationship of the agreement to the general plan and any applicable specific plan;
N. 
A description of the remedies of the parties to the agreement; and
O. 
A provision that the conditions of the agreement are binding upon, and inure to the benefit of, all successors in interest to the parties to the agreement.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
After determining that the application is complete pursuant to Government Code Section 65940 et seq., the director of community development shall conduct a review of the proposed development agreement. Thereafter, the director shall prepare a staff report and recommendation and shall set the matter for public hearing by the planning commission.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
The planning commission shall hold a public hearing on each application for a development agreement at the time and place set for such hearing. Notice of intention to consider recommendation of an agreement shall be given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the agreement. If and when state law prescribes a different notice requirement, notice shall be given in that manner. The commission may, whenever it deems such action necessary or desirable, continue such hearing to a time, date and place certain. After the hearing, the commission shall recommend to the city council approval, approval with modifications, or denial of the development agreement.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
Upon receipt by the city council of the recommendation of the planning commission on an application for a development agreement, the city clerk shall set the matter for public hearing by the city council. The city council shall hold the public hearing at the time and place set therefor. Notice of intention to consider adoption of an agreement shall be given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the agreement. If and when state law prescribes a different notice requirement for development agreements, notice shall be given in that manner. The city council may, whenever it deems such action necessary or desirable, continue such hearing to a time, date and place certain. After the hearing, the council shall take action to approve, approve with modifications or deny the agreement. Development agreements shall be approved by ordinance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the agreement.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
The planning commission shall not recommend approval, and the city council shall not grant approval, of a development agreement, or an amendment thereto, unless the following findings are made:
A. 
The provisions of the agreement are consistent with the general plan and any applicable specific plan; and
B. 
The provisions of the agreement are consistent with this chapter.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to the agreement. Notice of intention to amend or terminate an agreement and the manner thereof shall be subject to Sections 15.40.080, 15.40.090 and, as applicable, 15.40.100 of this chapter. Amendment of the agreement shall be by ordinance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the amendment.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
A. 
In the event that state or federal laws or regulations, enacted after a development agreement has become effective, prevent or preclude compliance with one or more provisions of the agreement, such provisions shall be deemed modified or suspended as necessary to comply with such state or federal laws or regulations.
B. 
A development agreement shall not prevent the city, in subsequent actions applicable to the project, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies that are applicable to the project as set forth in the agreement. Nor shall an agreement prevent the city from denying, conditionally approving or approving any subsequent project proposed for the property on the basis of such rules, regulations and policies that are applicable to the project at the date of the denial or approval.
C. 
A development agreement shall not prevent the city from approving minor modifications to any land use entitlement identified in the agreement, provided that the approval is in accordance with the applicable provisions of the zoning ordinance relative to such entitlement.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
No later than 10 days after the ordinance approving the development agreement, or any amendment thereto or termination thereof, is approved by the city council, the city clerk shall record a copy of the agreement, amendment or termination with the county recorder.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)
A. 
Not less than 35 days prior to the annual anniversary of the effective date of the agreement, the developer shall file an application with the director of community development requesting review of the agreement. The application shall be accompanied by a filing fee, as established by resolution of the city council, and by plans and a narrative describing the following:
1. 
The completion of any aspect of the agreement during the 12 months prior to the anniversary date;
2. 
The progress made towards completion of all other aspects of the agreement during the 12 months prior to the anniversary date; and
3. 
An explanation, with supporting information, of aspects of the agreement where good faith compliance has not been achieved during the 12 months prior to the anniversary date, and proposals for corrective action to achieve such compliance.
B. 
After determining that the application for review is complete, the director of community development shall prepare a report and recommendation and transmit the same to the city council. The city clerk shall give the applicant not less than 10 days' prior written notice of the date, time and place when the report and recommendation shall be considered, which shall not be more than 35 days after the application for review was determined to be complete, and of the right of the applicant to be heard. Unless the city council finds and determines, on the basis of substantial evidence, that the developer has complied in good faith with the agreement, it shall refer the application to the planning commission. If there is good faith compliance with the agreement, the annual review process shall be deemed complete, and no further action shall be taken pursuant to this section.
C. 
The planning commission shall consider any application for review referred from the city council at a public hearing held within 35 days after the applicant has paid to the city clerk a hearing fee, as established by resolution of the city council. Notice of intention to review the development agreement and the manner thereof shall be subject to Section 15.40.070. If, as a result of the public hearing, the planning commission finds and determines, on the basis of substantial evidence, that the developer has not complied in good faith with the agreement, the commission shall recommend to the city council that the agreement be amended or terminated. A recommendation to amend the agreement shall be subject to Section 15.40.100.
D. 
Any party aggrieved by a decision of the planning commission that the developer has complied in good faith with the development agreement may appeal to the city council in accordance with Sections 8163-4.1 and 8163-4.2 of the County of Ventura Ordinance Code or any successor thereto.
E. 
Within 35 days after the planning commission recommends to the city council that a development agreement be amended or terminated or an appeal is filed, the city council shall hold a public hearing thereon. Notice of intention to consider amendment or termination of the agreement and the manner thereof shall be subject to Section 15.40.110.
F. 
After the hearing, the city council shall take action either to continue the development agreement in the manner and form approved, or to amend or terminate the agreement on the basis of substantial evidence that the developer has not complied in good faith with the agreement. Action to amend the agreement shall be subject to Section 15.40.100.
G. 
In the event the developer fails to execute the amendment to the development agreement and serve it upon the city clerk within 15 days after the city clerk serves the developer with the amendment, as acted upon by the city council, the agreement shall be deemed terminated for cause. Service of said amendment shall be deemed complete upon personal delivery or upon deposit in the U.S. mail, postage prepaid, addressed to the city clerk at City Hall and to the developer at the mailing address shown on the application for review. Amendment of the agreement shall be by ordinance of the city council, which ordinance shall not be adopted by the city council unless the executed amendment is timely received from the developer.
(Ord. 59 § 1, 1985; Ord. 515 § 10, 2023)