This division shall be known as the Development Agreement Ordinance of the City of Vacaville.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The City finds and determines that under certain unique circumstances, development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, and reduce the economic costs of development. Development agreements also facilitate the orderly planning of public improvements and services, provide a means for the allocation of costs in order to achieve the maximum utilization of public and private resources in the development process, and ensure, to the extent feasible, that appropriate measures to enhance and protect the environment of the City are achieved.
The regulations of this division are established to achieve the following:
A.
To comply with the requirements of the California Government Code as they pertain to development agreements;
B.
To establish the procedures for the review, processing, adoption, amendment, and cancellation of development agreements;
C.
To provide certainty to a project applicant and to the City that upon approval, a project will proceed toward development in accordance with certain specified policies, rules and regulations, and conditions of approval, within a specified time frame;
D.
To provide complete discretion on the part of the City Council to approve or deny any development agreement as it involves an agreement otherwise limiting the City's police powers;
E.
To promote and preserve the public health, safety, general welfare, and economic wellbeing of the City and citizens; and
F.
To implement the goals, objectives, and policies of the Land Use and Development Code and the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
This division is intended to supplement the California Planning and Zoning Law, Division 1 of Title 7 of the California Government Code, regulating the processing, review, and adoption of development agreements. Where this division establishes more restrictive objectives and procedures that are unique to the City and are consistent with the California Government Code, the more restrictive procedures shall apply. Any revision to Division 1 of Title 7 of the California Government Code that is applicable to this division shall automatically be incorporated by reference into this division; provided, that the revisions are not less restrictive than those required by the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The words used in this division in reference to development agreements, unless otherwise defined, shall have the meanings assigned to them in Division 14.02, except as specified below:
A. "Developer"
means a person, or their authorized agent, who has a legal or equitable interest in the real property which is the subject of the development agreement, and who has entered into a development agreement pursuant to the procedures specified in this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Development agreements are not intended to apply to most projects. They are applicable to projects when there is a substantial benefit to the community such as:
A.
Substantial provisions of public facilities or dedication of land or property rights in excess of normal standards.
B.
Substantial financial or economic benefit to the City and/or the redevelopment agency.
C.
A specific plan for an outlying residential area which provides for complete and adequate public facilities and community benefit in excess of normal standards.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Subject to the provisions of Division 14.01 permitting authority shall be as follows:
A.
The Planning Commission is authorized to make a recommendation to the City Council to approve, approve with modifications, or deny a development agreement.
B.
The City Council is authorized to approve, approve with modifications, or deny a development agreement. The City Council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the City for any specific development project.
C.
The Director of Community Development is authorized to approve administrative changes to a development agreement in accordance with the provisions of Section 14.17.050.020.B.
(Ord. 1972, Repealed and Replaced, 02/22/2022)