The purpose of this chapter is to establish procedures and requirements for the consideration of development agreements which are intended to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development by eliminating uncertainty in planning for and securing orderly development of a project, assuring progressive installation of necessary improvements, providing public services appropriate to each stage of development of a project, ensuring attainment of the maximum effective utilization of resources within the city at the least economic cost to its citizens, and otherwise achieving the goals and purposes for which the development agreement statue was enacted.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
This chapter is adopted pursuant to Article 11, Section 7 of the California Constitution and pursuant to Government Code Section 65864 et seq. All development agreements entered into after the effective date of this chapter shall be processed in accordance with the provisions of this chapter. In performing his or her functions under this chapter, the city planner shall act under the direction of the city manager.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
The city planner shall prescribe the form of each application, notice and documents provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include a fiscal impact statement on the proposed development. The city planner may require an applicant for a development agreement to submit such information and supporting data as the city planner considers necessary to process the application, including, without limitation, the names and mailing labels for all persons shown on the last equalized assessment roll as owning real property within three hundred feet of the property that is the subject of the development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and document required by this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
The city planner shall endorse on the application the date it is received. The city planner shall review the application and may reject the application if it is not completed in the manner required by this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
Each application shall be accompanied by the form of development agreement proposed by the applicant. Such form of development agreement shall contain the mandatory development agreement terms and conditions required by Section 9.05.100 of this chapter. Failure to include such mandatory provisions shall result in the rejection of the application as incomplete.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
The application shall be reviewed by the city planner. After reviewing the application and any pertinent information and determining that the application is complete, the city planner shall prepare a staff report to the planning commission. The staff report shall analyze the proposed development agreement and provide a recommendation to the planning commission as to whether or not the proposed development agreement should be approved, disapproved or approved with amendments.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and the director's staff report. The city planner shall give notice of the public hearing and the planning commission's intention to consider at the hearing recommending adoption of a proposed development agreement to the city council. Such notice shall be provided in accordance with Chapter 9.09 of this title.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
Pursuant to Section 65093 of the Government Code, the failure of any person or entity to receive notice given in accordance with this chapter shall not affect the authority of the city to enter into a development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
The planning commission shall consider the proposed development agreement at the public hearing and make a recommendation thereon to the city council in the form of a written resolution and in the manner set forth in this section. The recommendation shall be to either disapprove, approve or approve the proposed development agreement with recommended amendments. The recommendation shall be forwarded to the city council within seventy days of the time specified for the public hearing in the notice of public hearing. The recommendation shall include 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 the zone in which the real property is located;
C. 
Is in conformity with the public necessity, public convenience, general welfare, and good land use practices;
D. 
Will be detrimental to health, safety and the general welfare;
E. 
Will adversely affect the orderly development of the property;
F. 
Will have a positive fiscal impact on the city; and
G. 
Contains the mandatory terms and conditions set forth in Section 9.05.100 of this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
A. 
After the recommendation of the planning commission or after the expiration of the time period specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner shall give notice of a public hearing before the city council to consider the proposed development agreement. The notice shall be provided in the manner set forth in Chapter 9.09 of this title. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.
B. 
The development agreement may not be approved unless the city council finds that the development agreement:
1. 
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. 
Is compatible with the uses authorized in the zone in which the real property is located;
3. 
Is in conformity with the public necessity, public convenience, general welfare and good land use practices;
4. 
Will not be detrimental to health, safety and the general welfare;
5. 
Will not adversely affect the orderly development of the property;
6. 
Will have a positive fiscal impact on the city; and
7. 
Contains the mandatory terms and conditions set forth in Section 9.05.100 of this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
The development agreement, if approved, shall be approved by the city council by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
A. 
Either the city or the applicant or successor in interest thereto authorized by the city may propose an amendment or cancellation in whole or in part of the development agreement.
B. 
The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedures set forth in this chapter for entering into a development agreement.
C. 
Except as provided for in Section 9.05.095, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
No later than ten days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
A. 
Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the development agreement.
B. 
The city planner shall give notice of the public hearing in the manner specified in Chapter 9.09 of this title.
C. 
The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.
D. 
If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
The city council, in its sole discretion, may hold public hearings to determine whether modification or suspension of the development agreement is required because state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement. If, as a result of such review, the city council finds and determines, on the basis of substantial evidence, that modification or suspension of the development agreement is so required, the city council may commence proceedings to modify or suspend the development agreement pursuant to Section 9.05.095 of this chapter.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)
A. 
If upon a finding under subsection D of Section 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with modification, suspension or termination of the development agreement, the city council shall hold a public hearing and give notice of such hearing pursuant to Chapter 9.09 of this title.
B. 
At the time set for the hearing, the city council may take such action, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)
No development agreement may be approved without the following mandatory provisions set forth in the agreement, which provisions shall be consistent with the regulations set forth in this chapter:
A. 
The duration of the agreement;
B. 
The permitted uses of the property,
C. 
The density or intensity of use of the proposed property;
D. 
The maximum height and size of proposed buildings on the property;
E. 
Provisions, if applicable, for the reservation or dedication of land for public purposes;
F. 
The legal description of the property that is the subject of the development agreement;
G. 
A detailed description of the project that is the subject of the development agreement;
H. 
All information and documentation, including, without limitation, acknowledgments, required by the county recorder in order to record the document with the county recorder for the county of Riverside;
I. 
Provisions governing the applicable rules, regulations and official policies that shall govern the development of the project site;
J. 
Provisions governing amendments to the development agreement and any development permit to be obtained for the development contemplated under the development agreement 9.05.100;
K. 
Provisions governing the parties' respective rights and duties in the event of any delay or default in performance under the development agreement or in the event of any cancellation or termination of the development agreement;
L. 
Provisions governing how any notice or communication required under the development agreement is to be transmitted by the parties;
M. 
The following express provisions concerning city's and the applicant's respective rights and duties under the development agreement:
1. 
Covenants Run With The Land. All of the terms, provisions, covenants and obligations contained in the development agreement shall be binding upon the parties and their respective heirs, successors and assigns, and all other persons or entities acquiring all or any portion of the subject property, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of such parties and their respective heirs, successors and assigns.
2. 
No Damages Relief Against City. The parties acknowledge that city would not have entered into the development agreement had it been exposed to damage claims from developer for any breach thereof. As such, the parties agree that in no event shall developer be entitled to recover damages against city for breach of the development agreement.
3. 
Developer Default. No building permit shall be issued or building permit application accepted for any structure on the subject property after developer is determined by city to be in default of the terms and conditions of the development agreement, and until such default thereafter is cured by the developer or is waived by city.
4. 
Waiver. All waivers of any rights, duties or obligations under the development agreement must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to any event of default. Failure by a party to insist upon the strict performance of any of the provisions of the development agreement by the other party shall not constitute waiver of such party's right to demand strict compliance by such other party in the future. No express written waiver of any event of default shall affect any other event of default or cover any other period of time specified in such express waiver.
5. 
Developer's Right to Assign or Transfer. Developer may not assign or transfer any of its rights or interests under the development agreement without the express written consent of city.
6. 
Applicable Law. The development agreement shall be construed and enforced in accordance with the laws of the state of California.
7. 
Cooperation In The Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of the development agreement or any potential subsequent development approvals, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.
8. 
Hold Harmless Agreement. Developer hereby agrees to, and shall defend, save and hold city and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from developer's or developer's contractors', subcontractors', agents or employees' operations under this development agreement, whether such operations be by developer or by any of developer's contractors, subcontractors, agents or employees.
9. 
Indemnification. Developer shall defend, indemnify and hold harmless city and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (a) this development agreement; (b) the environmental impact report prepared in connection with the adoption of the project that is the subject of the development agreement; and (c) the proceedings undertaken in connection with the adoption or approval of any of the above.
10. 
Severability. If any term, provision, covenant or condition of this development agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this development agreement shall continue in full force and effect, unless enforcement of this development agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this development agreement.
(Ord. 585 § 1, 2004; Ord. 862 § 2, 2022)