To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with Government Code Sections 65864 through 65869.5.
(Ord. 978, 11/17/2025)
In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864 through 65869.5, 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 provisions of Government Code Sections 65864 through 65869.5;
B. 
The provisions of this Chapter; and
C. 
The plain terms of the development agreement itself.
(Ord. 978, 11/17/2025)
Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:
A. 
The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. 
A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.
(Ord. 978, 11/17/2025)
A. 
Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2:
1. 
Specifying the:
a. 
Duration of the agreement;
b. 
Permitted land uses of the subject property, including mix and type of uses;
c. 
Density and/or intensity of the permitted land uses;
d. 
Maximum height and size of proposed buildings; and
e. 
Provisions for reservation or dedication of land for public purposes.
2. 
Describing the:
a. 
Provisions, if any, for reservation or dedication of land for public purposes; and
b. 
Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees.
3. 
Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. 
Zoning Administrator approval for minor modifications;
b. 
Planning Commission approval for major modifications; and
c. 
City Council approval for major amendments.
B. 
Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2:
1. 
Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; 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 established in the agreement;
2. 
Provide that construction shall be commenced within a specified time and the project or any phase be completed within a specified time;
3. 
Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;
4. 
Provide that a particular rule, regulation or policy will apply as it exists at the time of Building Permit issuance (e.g., Building Code standards and development processing and impact fees); and
5. 
Provide for specific penalties for failure to perform.
6. 
Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement.
C. 
Development agreements shall be limited to a period not to exceed 10 years from the effective date of the adopting ordinance.
(Ord. 978, 11/17/2025)
A. 
Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division.
B. 
Authorization to Negotiate. City staff shall not begin to negotiate with the applicant until the City Council has so authorized City staff, following completion of the application review.
C. 
Zoning Administrator Review. The Zoning Administrator, upon receipt of City Council's authorization, shall review the development agreement application, undertake environmental review in compliance with Section 18.175.050 (Environmental Review), consult with all applicable City departments, and obtain such additional information from the applicant as may be deemed necessary. Within 45 calendar days of receipt of the application, the Zoning Administrator shall prepare a report containing their recommendation. The recommendation shall consist of the following:
1. 
A statement of potential public benefits and costs accruing to the City if the agreement were entered into;
2. 
A recommendation as to whether the City should negotiate further with the applicant;
3. 
A statement whether the application meets the minimum statutory requirements for a development agreement, as established by this Chapter and State law;
4. 
A statement of issues for further research and investigation, and issues that should be addressed in the development agreement;
5. 
A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant.
D. 
Planning Commission Review. Upon completion of the Zoning Administrator's report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The proposed development agreement shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the City Council in compliance with Section 18.190.060 (Action).
E. 
City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.190.060 (Action) based on the findings identified in Section 18.190.070 (Findings).
F. 
Notice of Public Hearing. Notice of the hearings identified in Subsections D and E of this Section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.205 (Noticing Requirements). If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.
(Ord. 978, 11/17/2025)
A. 
Planning Commission Recommendation.
1. 
After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.190.070 (Findings).
2. 
The Planning Commission shall transmit its recommendation to the City Council within 30 calendar days of the close of the Planning Commission public hearing.
B. 
City Council Action.
1. 
After the public hearing is closed, the City Council shall approve, approve with modifications, or deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the City Manager to sign the agreement on behalf of the City and shall become effective 30 calendar days after adoption, unless a referendum is filed within that time.
2. 
No agreement shall be signed by the City Manager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the City Manager for signing within 30 calendar days of City Council approval, the application is deemed withdrawn by applicant.
Within 10 calendar days after the City Manager signs a development agreement and the ordinance becomes effective, the City Clerk shall submit a copy of the development agreement to the County Recorder's Office for recordation.
(Ord. 978, 11/17/2025)
A proposed development agreement shall not be approved unless all the following findings are made:
A. 
The agreement is consistent with the General Plan and with any applicable specific plan;
B. 
The agreement is consistent with this Title, the Municipal Code, and the State Subdivision Map Act;
C. 
The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values;
D. 
The effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and
E. 
The statement of potential public benefits and costs accruing to the City was considered.
(Ord. 978, 11/17/2025)
A. 
In compliance with Government Code Section 65865.1, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the City Council, Zoning Administrator, or applicant.
B. 
The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-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(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City.
C. 
Notice.
1. 
The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter.
2. 
Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-in-interest, and any person who has filed a written request for notice with the Zoning Administrator.
3. 
If, upon their review, the Zoning Administrator recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Planning Commission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.
D. 
Public Hearing Procedures for Development Agreement Reviews.
1. 
Planning Commission Public Hearing. After closing the Planning Commission public hearing, the Planning Commission shall determine whether to recommend the development agreement be terminated, modified, or confirmed as is.
2. 
City Council Public Hearing. Upon receipt of the Zoning Administrator's or Planning Commission's recommendation, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the City Council may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1. Any modification or termination must be done by ordinance and is subject to Government Code Section 65867.5.
(Ord. 978, 11/17/2025)
The development agreement may be amended or canceled:
A. 
To comply with later enacted Federal or State laws or regulations, under Government Code Section 65869.5;
B. 
By mutual consent, under Government Code Section 65868; or
C. 
Following City's periodic review, under Government Code Section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, in compliance with this Chapter, except that the parties may establish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code Section 65867.5, which provides that the decision be adopted by ordinance.
(Ord. 978, 11/17/2025)
The Zoning Administrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements.
(Ord. 978, 11/17/2025)
A violation of any provision of this Title is a public nuisance and may be abated in compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law.
(Ord. 978, 11/17/2025)
The Zoning Administrator is responsible for enforcing the terms of discretionary permits and their conditions under this Title. The Building Official is responsible for enforcing this Title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other City officers are responsible for enforcing provisions related to their areas of responsibility.
(Ord. 978, 11/17/2025)
A. 
Duties of Zoning Administrator. If the Zoning Administrator determines there are grounds for revocation or modification of a Zoning Permit, Home Occupation Permit, Use Permit, Variance, Development Plan approval, Architectural Review Permit, or other discretionary approval authorized by this Title, the Zoning Administrator shall schedule a revocation hearing before whichever review authority took final action on the permit.
B. 
Notice of Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.205 (Noticing Requirements). If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing.
C. 
Public Hearing. The review authority conducting the public hearing shall hear testimony of City staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice.
D. 
Required Findings. The review authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings:
1. 
The permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. 
The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Municipal Code; or
3. 
The use is being conducted contrary to the public health, safety, and welfare.
E. 
Decision Notice. The applicable review authority shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing.
F. 
Effective Date – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed.
G. 
Other Remedies. The City's right to revoke a discretionary permit is in addition to any other remedy allowed by law.
(Ord. 978, 11/17/2025)
If the Zoning Administrator has reason to believe a violation of this Title exists, the Zoning Administrator may direct the property owner and violator to appear before the Zoning Administrator to show cause why the City should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and violator and any other interested person at least 10 calendar days before the public hearing.
At the public hearing, the Zoning Administrator shall consider the testimony of the City staff, the violator, the property owner and any other interested person. The Zoning Administrator may make a finding as to whether or not a violation of this Title exists and may recommend to the City staff and to the property owner one or more courses of action. The Zoning Administrator may refer the matter directly to the Planning Commission.
(Ord. 978, 11/17/2025)
A person who violates a provision of this Title, including the failure to secure a permit or comply with a condition of approval, is subject to the criminal penalties established in Chapter 1.30 (Criminal Penalties – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation.
(Ord. 978, 11/17/2025)
A. 
If property in the City exists in violation of this Title, and the property owner and violator fails to correct the violation, the City may record a notice of violation against the affected property.
B. 
Before recording such a notice, the City shall do all the following:
1. 
The Zoning Administrator shall send written notice to the property owner and violator that a violation exists and request the violation be corrected within a specific, reasonable period of time. The Zoning Administrator may send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator.
2. 
If the property owner or violator fails to correct the violation within the time specified, the Zoning Administrator shall mail to the property owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Planning Commission public hearing at which the owner may present evidence as to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing.
3. 
The Planning Commission shall hear the matter on the date scheduled. If, after the property owner, violator, and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Zoning Administrator shall mail a clearance letter to the property owner and violator. If the property owner and violator fails to appear, or the Planning Commission determines that there is a violation, the Planning Commission may, by resolution, direct the Zoning Administrator to record the notice of violation with the County Recorder's Office.
4. 
The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215.
5. 
If the property owner and violator corrects the violation after the notice has been recorded and has notified the City in writing and consented to an inspection to confirm the correction, the Zoning Administrator shall record a release or cancellation of the notice of violation.
(Ord. 978, 11/17/2025)