This chapter is intended to provide procedures and requirements
for consideration of development agreements for the purposes specified
in and as authorized by the Government Code. The planning commission
may recommend and the city council may enter into a development agreement
for the development of real property with any person having a legal
or equitable interest in such property, or having written permission
from a person having such interest.
(Prior code § 9510; Ord. 86 § 3, 1993)
Hearings on a development agreement may be initiated:
A.
If
the city council instructs the commission to set the matter for a
hearing, report and recommendation;
B.
Upon
the initiative of the commission; or
(Prior code § 9511; Ord. 86 § 3, 1993; Ord.
93 § 78, 1993)
B.
Where
an application for a development agreement is concurrently filed with
an application for a zone change, development permit, conditional
use permit, variance, tentative tract map, minor land division or
other discretionary request requiring a public hearing, and may be
feasibly processed together, all public hearings shall be concurrently
held.
C.
In
instances where the provisions of applicable ordinances would permit
the modification of development standards during consideration of
such development agreement, such standards may be concurrently considered
where modification is requested.
(Prior code § 9512; Ord. 86 § 3, 1993; Ord.
93 §§ 79, 80, 1993)
A.
The
commission may recommend approval and the council may approve an application
for a development agreement where it finds that the information presented
by the applicant and/or obtained at a public hearing substantiates
all of the following facts.
1.
That
the proposed development agreement is consistent with the general
plan;
2.
That
the proposed development agreement complies with zoning subdivision
and other applicable ordinances and regulations;
3.
That
the proposed development agreement is consistent with the public convenience,
general welfare and good land use practice, making it in the public
interest to enter into the development agreement with the applicant;
4.
That
the proposed development agreement will not:
a.
Adversely affect the health, peace, comfort or welfare of persons
residing or working in the surrounding area;
b.
Be materially detrimental to the use, enjoyment or valuation of property
of other persons located in the vicinity of the site, or
c.
Jeopardize, endanger or otherwise constitute a menace to the public
health, safety or general welfare;
5.
That the proposed development agreement complies with the terms, conditions, restrictions and requirements of Section 17.64.050; and
6.
That
in consideration of the rights accruing to the developer under the
development agreement, the developer shall provide the city or the
community with special benefits which might not otherwise be provided
by the developer in the absence of an agreement.
B.
A recommendation
by the commission shall be by resolution carried by the affirmative
vote of not less than a majority of its members. Such recommendation
may not be reconsidered by the commission except upon a referral by
the council.
C.
The
commission shall recommend denial where the information submitted
and/or obtained at public hearing fails to substantiate the required
findings to the satisfaction of the commission.
(Prior code § 9513; Ord. 86 § 3, 1993; Ord.
93 § 81, 1993)
A.
A development
agreement entered into by the council may include the following terms,
conditions, restrictions and requirements; provided, however, that
such terms, conditions, restrictions or requirements shall not be
contrary to zoning, subdivision or other ordinances, laws or regulations
applicable to the proposed development:
1.
The
duration of the agreement, including a specified termination date
if appropriate;
2.
The
uses to be permitted on the property;
3.
The
density or intensity of use permitted;
4.
The
maximum height, size and location of buildings permitted;
5.
The
reservation or dedication of land for public purposes to be accomplished,
if any; and
6.
The
time schedule established for periodic review as required.
B.
A development
agreement may also include additional terms, conditions, restrictions
and requirements for subsequent discretionary actions in addition
to those provided above; provided, that such terms, conditions, restrictions
and requirements do not prevent development of the lot or parcel of
land included in such agreement for the uses and to the density or
intensity of development set forth in the agreement, including but
not limited to the following:
1.
The
requirement of development schedules, providing that construction
of the proposed development as a total project or in phases to be
initiated and/or completed within a specified time period;
2.
The
construction of public facilities required in conjunction with such
development, including but not limited to vehicular and pedestrian
rights-of-way, drainage and flood-control facilities, parks and other
public facilities;
3.
The
prohibition of one or more uses normally listed as permitted, accessory,
or subject to permit in the zone where placed;
4.
The
limitation of future development or requirement of specified conditions
under which further development not included in the agreement may
occur;
5.
The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the city clerk and assign to the city, certificates of deposit or savings and loan certificates or shares equal in amount to the same conditions as set forth herein. Such deposit and assignment shall comply with all the provisions and conditions of Chapter 3.04;
6.
The
requirements of specified design criteria for the exteriors of buildings
and other structures, including signs;
7.
The
requirement of special yards, open spaces, buffer areas, fences and
walls, landscaping and parking facilities, including vehicular and
pedestrian ingress and egress;
8.
The
regulation of nuisance factors such as noise, vibration, smoke, dust,
odors, gasses, garbage, heat and the prevention of glare or direct
illumination of adjacent properties;
9.
The
regulation of operating hours and other characteristics of operation
which might adversely affect normal neighborhood schedule and functions
on surrounding property; and
10.
The payment of exactions or the provision of other public benefits.
C.
Unless
otherwise provided by a development agreement, the general plan, zoning,
subdivision, and other ordinances, rules, regulations and official
policies governing permitted uses of land, density, and design, improvement
and construction standards, and specifications applicable to property
subject to a development agreement shall be those applicable to such
development on the date of execution of the development agreement
by the council; provided, however, that a development agreement shall
not:
1.
Be
construed to prevent the application of later adopted or amended ordinances,
rules, regulations and policies in subsequent applications applicable
to the property which do not conflict with such existing ordinances,
rules, regulations and policies; or
2.
Prevent
the approval, approval subject to conditions, or denial of subsequent
development applications pursuant to such existing or later adopted
or amended ordinances, rules, regulations and policies.
(Prior code § 9514; Ord. 86 § 3, 1993)
After receipt of the commission's recommendation, the council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Sections 17.04.160 through 17.04.230; provided, however, that if the commission has recommended against approval of such application, the action of the commission shall become final unless appealed in accordance with the provisions of Sections 17.04.160 through 17.04.230.
(Prior code § 9515; Ord. 86 § 3, 1993)
The council may approve, modify or disapprove a planning commission
recommendation involving a development agreement; provided, that any
modification of the development agreement by the council not previously
considered by the planning commission during its hearing shall first
be referred to the planning commission for report and recommendation,
but the commission shall not be required to hold a public hearing
thereon. Failure of the planning commission to report within 40 days
after such referral, or such longer period of time designated by the
council, shall be deemed to be an approval by the planning commission
of the proposed modification.
(Prior code § 9516; Ord. 86 § 3, 1993)
Approval by the council of a development agreement shall be by ordinance. Any ordinance approving a development agreement concerning real property located in the city (whether a single parcel or multiple parcels) which is more than 30 acres in size and to be developed with a commercial or commercial/residential project shall be both approved by the city council and thereafter submitted to the voters of the city in accordance with California Elections Code Section 9222, and approval of both the city council and the voters shall be a condition precedent to the effectiveness of any such development agreement. Voter approval of a development agreement pursuant to this section shall constitute voter approval for any other city permit and approval, where such voter approval is required by any provision of city law for the activities described in the agreement, including but not limited to any requirement imposed by law for voter approval of a development plan pursuant to Section 17.02.040.
(Prior code § 9517; Ord. 86 § 3, 1993; Ord.
213 § 1, 2000)
A.
No
ordinance shall be adopted and the council shall not execute a development
agreement until it has been executed by the applicant. If the applicant
has not executed the agreement, or agreement as modified by the council,
and returned the executed agreement to the city clerk within 30 days
following council approval, the application shall be deemed withdrawn,
and the council shall not adopt said ordinance nor the mayor execute
said agreement. Such 30-day time period may be extended upon approval
of the council.
B.
Not
more than 10 days following the execution of a development agreement
by the council the city clerk shall record with the county recorder
a copy of the executed agreement.
(Prior code § 9518; Ord. 86 § 3, 1993)
In the event that state or federal laws or regulations enacted
subsequent to execution of a development agreement prevent or preclude
compliance with one or more provisions of such agreement, the provisions
of such agreement shall be deemed modified or suspended to the extent
necessary to comply with the state or federal law or regulation.
(Prior code § 9519; Ord. 86 § 3, 1993)
A.
Unless and until amendment or canceled in whole or in part as provided in Section 17.64.120, a development agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development.
B.
The
burden of a development agreement shall be binding upon, and the benefits
of the agreement shall inure to, all successors in interest to the
parties to the agreement.
(Prior code § 9520; Ord. 86 § 3, 1993)
A development agreement may be amended, or canceled in whole
or in part, by mutual consent of all parties to the agreement or their
successors in interest. Procedures for amendment or cancellation shall
be the same as provided in this chapter for initiation and consideration
of such agreement.
(Prior code § 9521; Ord. 86 § 3, 1993)
A.
Every
development agreement entered into by the council shall provide for
periodic review of the applicant's compliance with such agreement
by the director at a time interval specified in such agreement, but
in no event longer than 12 months.
B.
The
director shall determine on the basis of substantial evidence that
the applicant or their successor in interest has or has not complied
with the agreement. If, as a result of this review the director determines
that the agreement is not being fulfilled, he or she shall notify
the applicant or their successor in interest of his or her findings
as required by law for the service of summons or by registered or
certified mail, postage prepaid, return receipt requested, also indicating
that failure to comply within a period specified, but in no event
less than 30 calendar days, may result in legal action to enforce
compliance, termination or modification of the agreement.
C.
It
is the duty of the applicant or their successor in interest to provide
evidence of good-faith compliance with the agreement to the director's
satisfaction at the time of the review. Refusal by the applicant or
their successor in interest to provide the required information shall
be deemed prima facie evidence of violation of such agreement.
D.
If,
at the end of the time period established by the director, the applicant
or their successor in interest has failed to comply with the terms
of the agreement or, alternatively, submitted additional evidence
satisfactorily substantiating such compliance, the director shall
notify the commission of his or her findings recommending such action
as he or she deems appropriate, including legal action to enforce
compliance or to terminate or modify the agreement.
(Prior code § 9522; Ord. 86 § 3, 1993)
A.
Where
the director notifies the commission that his or her findings indicate
that a development agreement is being violated, a public hearing shall
be scheduled before the commission to consider the applicant's reported
failure to comply and the action recommended by the director. Procedures
for conduct of such hearing shall be the same as provided in this
chapter for initiation and consideration of a development agreement.
B.
If
as a result of such hearing, the commission finds that the applicant
or their successor in interest is in violation of a development agreement,
it shall notify the council of its findings, recommending such action
as it deems appropriate.
(Prior code § 9523; Ord. 86 § 3, 1993)
Where the commission reports the violation of a development
agreement, the council may take one of the following actions:
A.
Approve
the recommendation of the commission instructing that action be taken
as indicated therein in cases other than a recommendation to terminate
or modify an agreement;
B.
Refer
the matter back to the commission for further proceedings with or
without instructions; or
(Prior code § 9524; Ord. 86 § 3, 1993; Ord.
93 § 82, 1993)
