The following provisions are intended to allow for the approval and amendment of development agreements.
1. 
This article outlines the procedures and requirements for the review, consideration and amendment 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 article shall be fully consistent and in full compliance with the provisions of State law (Government Code Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 or as this section may be amended/replaced from time to time) and shall be so construed.
2. 
In construing the provisions of any development agreement entered into in compliance with this article, those provisions shall be read to fully effectuate, and to be consistent with, the language of this article, State law (Government Code Article 2.5, cited above) and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents and in the following order:
A. 
The plain terms of the development agreement itself;
B. 
The provisions of this article; and
C. 
The provisions of State law (Government Code Article 2.5, cited above).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
An entity having a legal or equitable interest in real property may request and apply through the Director to enter into a development agreement if the following conditions are met:
A. 
The development agreement, if approved, would be in the best interests of the City;
B. 
The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director;
C. 
The application is made on forms approved, and contains all information required, by the Director; and
D. 
The application is accompanied by all lawfully required documents, materials and information.
2. 
The Director is empowered to receive, review, process and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other departments of the City for timely assistance in complying with this chapter; and
3. 
Processing fees, as established by resolution of the Council, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Department in compliance with Section 9-2.2107 (Periodic Review).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
The Director, upon finding the application for a development agreement complete and in compliance with the City's CEQA Guidelines, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Article 23 of this chapter (Hearings and Appeals). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve or disapprove the application;
2. 
Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Article 23 of this chapter (Hearings and Appeals). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the application;
3. 
Notice of the hearings outlined in subsections (1) and (2) of this section 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);
4. 
Should the Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the Chief Administrative Officer;
5. 
The ordinance shall contain findings, and the facts supporting them, that the development agreement is consistent with the General Plan, any applicable Specific Plan, and this Code and that it will promote the public interest and welfare of the City; and
6. 
The ordinance may be subjected to referendum in the manner provided by State law (Government Code Section 65867.5).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the following provisions in compliance with State law (Government Code Section 65865.2):
A. 
Specify the duration of the agreement;
B. 
Specify the permitted uses for the subject property;
C. 
Specify the density/intensity of the permitted uses;
D. 
Describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits subject to review and approval;
E. 
Describe the provisions, if any, for reservation or dedication of land for public purposes;
F. 
Describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or impact fees;
G. 
Provide for a tiered review procedure for amendments that may incorporate the following:
(1) 
Director approval for minor modifications;
(2) 
Commission approval for major modifications; and
(3) 
Approval of major amendments by the Council.
H. 
Provide procedures which address the possibility of subsequent discovery of health and safety issues like a "compelling public necessity" (e.g., a new environmental health hazard is discovered) which would necessitate a reconsideration/amendment of the previously approved development agreement.
2. 
Permissive Contents. A development agreement entered into in compliance with this chapter may include the following provisions:
A. 
Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;
B. 
Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;
C. 
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
D. 
Any other terms, conditions, and requirements the Council may deem necessary and proper, including, but not limited to, requirement(s) for ensuring, to the satisfaction of the City, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective, in compliance with Section 9-2.2309; and
2. 
The development agreement shall be recorded in the office of the Los Angeles County Recorder no later than 10 days after it is executed.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The approval or conditional approval of a development agreement in compliance with this article shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
Every development agreement, approved and executed in compliance with this article, shall be subject to periodic City review during the full term of the agreement. (The review schedule shall be specified in the agreement.) Appropriate fees to cover the City's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party;
2. 
The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor to demonstrate compliance, to the full satisfaction of and in a manner prescribed by, the City; and
3. 
If, as a result of periodic review in compliance with 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 the terms or conditions of the development agreement, the Council may order, after a noticed public hearing that the agreement be terminated or modified.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Unless otherwise provided by the development agreement the rules, regulations and official policies governing permitted uses of the land, density, design, 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 specifically provided by 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, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Development agreements approved by the Council shall be on file with the City Clerk.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
Changes to Approved Agreement. A development agreement may be amended in the same manner as it was adopted, and any change shall be consistent with the provisions of the General Plan and any applicable Specific Plan.
2. 
Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the General Plan as of the adoption date of the amended development agreement.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:
1.
Article 22 of this chapter
Applications and Fees
2.
Article 23 of this chapter
Hearings and Appeals
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)