This article may be referred to as the "Development Agreement Law of the City of Turlock."
(1207-CS, Rep&ReEn, 05/28/2015)
This article is adopted pursuant to the provisions of Sections 65864 through 65869.5 of the California Government Code. The purpose of adopting this article is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.
(1207-CS, Rep&ReEn, 05/28/2015)
(a)
The Development Services Department shall prescribe the form for each application, notice, and document provided for or required by this article for the preparation and implementation of development agreements.
(b)
The Development Services Department may require an applicant to submit such information and supporting data as necessary to process the application.
(1207-CS, Rep&ReEn, 05/28/2015)
(a)
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement, and an applicant includes an authorized agent.
(b)
The Development Services Director may require an applicant to submit proof of his or her legal or equitable interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Development Services Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. The Development Services Director may require the applicant to submit a preliminary title report.
(1207-CS, Rep&ReEn, 05/28/2015)
Each application to enter into a development agreement shall be accompanied by the form of standard development agreement established by the City and approved by the City Council with such additional alternatives or modifications or changes as may be proposed by the applicant. Such alterations or modifications or changes as proposed by the applicant are not binding on the City and may or may not be approved for inclusion by the City Council.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Department shall give notice of the City's intention to consider the adoption of a development agreement in conjunction with any other public hearing required by State law or this article at least ten (10) days prior to the hearing date.
(a)
Form of notice. The form of the notice of intention to consider the adoption of a development agreement shall contain:
(b)
Time and manner of notice. The time and manner of giving notice shall be by both:
(1)
Publication. Publication at least once in a newspaper of general circulation published and circulated in the City; and
(2)
Mailing. Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property, as per TMC 9-5-120, which is the subject of the proposed development agreement.
(1207-CS, Rep&ReEn, 05/28/2015)
(a)
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.
(b)
The development agreement may also include conditions, terms, restrictions, and requirements for subsequent or concurrent discretionary actions applicable to the project; 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)
The agreement may provide that construction shall commence within a specified time and that the project or any phase thereof be completed within a specified time.
(d)
The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
(1207-CS, Rep&ReEn, 05/28/2015)
After the hearing held by the Planning Commission, which may be held in conjunction with other required hearings for the project, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include findings on the Planning Commission's determination whether or not the proposed development agreement:
(a)
Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
(b)
Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(c)
Is in conformity with the public convenience and general welfare and good land use practices;
(d)
Will be detrimental to the health, safety, and general welfare;
(e)
Will adversely affect the orderly development of property or the preservation of property values; and
(f)
Will provide sufficient benefit to the City to justify entering into the agreement.
(1207-CS, Rep&ReEn, 05/28/2015)
(a)
Following notice pursuant to TMC 9-5-906, the City Council shall hold a public hearing. The City Council may accept, modify, or disapprove the recommendation of the Planning Commission. The City Council shall not approve the development agreement unless the City Council adopts findings to support its action as referenced in TMC 9-5-908.
(1207-CS, Rep&ReEn, 05/28/2015)
Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement previously entered into. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall follow the same procedures required for entering into the development agreement (Government Code Section 65868). However, where the City initiates a proposed amendment or cancellation of the development agreement, the City shall provide thirty (30) days' advance notice to the property owner of the intention to initiate proceedings.
(1207-CS, Rep&ReEn, 05/28/2015)
(a)
Within ten (10) days after the City enters into the development agreement, the City Clerk shall record the agreement with the County Recorder.
(b)
If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as provided in Section 65865.1 of the Government Code for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall also record notice of such action with the County Recorder.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Department shall review the development agreement every twelve (12) months after the date the agreement is entered into, until the project is fully implemented. After full project implementation, the City shall review the development agreement as often and in the manner as may be specified within the terms of each specific development agreement.
(a)
The Development Services Department shall begin the review proceeding by giving notice to the property owner that the City intends to undertake a periodic review of the implementation of the development agreement. The Department shall give thirty (30) days' advance notice of the time when the matter will be considered by the Planning Commission and City Council.
(b)
The Planning Commission and City Council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner. Notice of the hearing shall be given in conformance with TMC 9-5-118 et seq.
(c)
The City Council, upon the recommendation of the Planning Commission, shall determine whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.
(d)
If the City Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review shall be concluded. If the City Council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council shall order the property owner to cure the default within sixty (60) days. If the property owner fails to do so, the City Council may modify or terminate the agreement.
(1207-CS, Rep&ReEn, 05/28/2015)