Chapter 17.72
DEVELOPMENT AGREEMENTS
Sections:
17.72.030 General plan consistency.
17.72.050 Review and approval.
17.72.060 Planning commission hearing.
17.72.070 City council hearing.
17.72.080 Initiation of amendment or cancellation.
17.72.090 Recordation of development agreement.
17.72.100 Review of development agreement.
17.72.110 Listing of development agreements approved.
17.72.010 Purpose.
The purpose of this chapter is to assure persons developing property in Kerman that upon approval of a development project, said persons may proceed with the project in accordance with existing policies, rules and regulations, and conditions that were applicable at the time of project approval. (Ord. 90-02 §2(part), 1990).
17.72.020 Authority.
Section 65865 of the State Government Code indicates that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property. (Ord. 90-02 §2(part), 1990).
17.72.030 General plan consistency.
The development agreement shall be consistent with the Kerman general plan, zoning ordinance and any applicable specific plan. (Ord. 90-02 §2(part), 1990).
17.72.040 Application.
A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following:
A. Name and address of agent, if applicable, and proof of authority of the agent to act for the property owner;
B. Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;
C. Assessor’s parcel number;
D. Legal description;
E. A site plan consistent with the requirements of Section 17.14.030;
F. A narrative description of the proposed development as follows:
1. Project description,
2. Provisions for reservation or dedication of land for public purposes,
3. Method of project financing,
4. Construction phasing,
5. Conditions, restrictions, or terms that will be attached to the development agreement. (Ord. 90-02 §2(part), 1990).
17.72.050 Review and approval.
Approval of a development agreement shall require the approval of the Kerman planning commission and city council. Where a discretionary permit or rezoning is required for the project in which the development agreement is to apply, the application may be considered part of that permit or rezoning request and reviewed and approved in conjunction with that permit or rezoning. A public hearing as specified in Chapter 17.10 shall be held when a development agreement is considered by the planning commission or the city council. (Ord. 90-02 §2(part), 1990).
17.72.060 Planning commission hearing.
The planning commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission’s determination whether or not the development agreement proposed:
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 zoning district in which the real property is located;
C. Is in conformity with public convenience, general welfare and good land use practice;
D. Will not be detrimental to the public health, safety and general welfare. Will not adversely affect the orderly development of property;
F. Will provide sufficient benefit to the city to justify entering into the agreement. (Ord. 90-02 §2(part), 1990).
17.72.070 City council hearing.
The city council shall hold a public hearing on the proposed development agreement. It may accept, modify or disapprove the recommendation of the planning commission. The city council shall not approve the development agreement unless it adopts the findings contained in Section 17.72.060 to support its action.
If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city may enter into the agreement. (Ord. 90-02 §2 (part), 1990).
17.72.080 Initiation of amendment or cancellation.
Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. An applicant may initiate proceedings to amend, modify, or cancel a development agreement by following the same procedures for entering into an agreement. However, where the city council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty days notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing. (Ord. 90-02 §2(part), 1990).
17.72.090 Recordation of development agreement.
A. Within ten days after the city enters into the development agreement, the planning director shall have the agreement recorded with the county recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement the planning director shall have notice of such action recorded with the county recorder. (Ord. 90-02 §2(part), 1990).
17.72.100 Review of development agreement.
The planning director shall review the development agreement at least once every twelve months from the date the agreement is entered into. The planning director shall report the findings of his review to the planning commissioner and city council. The time for review may be modified by agreement between the parties. (Ord. 90-02 §2(part), 1990).
17.72.110 Listing of development agreements approved.
A. 1. On March 19, 1991, the city council approved a development agreement between Allen Goodall, Richard and Virginia Goodall (husband and wife), and the city of Kerman concerning property described as:
Lots, 1, 22, 23, 25 in the City of Kerman in the County of Fresno, State of California, of Tract No. 3258 per map recorded in volume 41 of Plats, at pages 21 to 23 in the office of the Fresno County Recorder.
2. The council made the findings described in Section 17.72.060, held a public hearing thereon, and instructed the clerk to record said document within ten days of the final adoption of the ordinance. The development agreement is on file with the city clerk, is dated August 11, 1989, and is incorporated herein by reference as through fully set forth. The agreement is for a duration of twenty-five years.
B. 1. The city council approved a development agreement on the fourth day of April, 1991, between the city of Kerman and Russell Lofton and Julia Lofton, concerning property described as:
That portion of the west half of Lot 16 in Section 12, Township 14 South, Range 17 East, Mount Diablo Base and Meridian, according to the map entitled, "Map of Subdivision Section 2 and 11 and part of Sections 1 and 12, Township 14 South, Range 17 East, Mount Diablo Base and Meridian, part of Fresno Irrigated Farms Company Tract" recorded June 24, 1912 in Book 8, Page 1 of Record and Surveys, Fresno County Records, as follows:
BEGINNING at the northwest corner of said Lot 16, thence southerly along the west line of said Lot 16, a distance of 120 feet; thence easterly parallel with and 120.00 feet southerly from the north line of said Lot 16, a distance of 340.00 feet; thence northerly parallel with the west line of said Lot 16 a distance of 120.00 feet to the north line of said Lot 16; thence along said north line 340.00 feet to the point of beginning.
EXCEPTING therefrom the north 20 feet.
ALSO, EXCEPTING THEREFROM THAT portion thereof lying within that parcel of land as granted in the deed to the City of Kerman, a municipal corporation, recorded August 13, 1974 in Book 6335 of Official Records, at Page 25, as Document No. 61214, Fresno County Records.
2. The city council made the findings as set forth in Government Code Section 17.72.060, held a public hearing thereon, and instructed the clerk to record said document within ten days of the final adoption of the ordinance. The agreement is on file with the city of Kerman staff and is incorporated herein by reference as though fully set forth. (Ord. 99-07 §4, 1999; Ord. 91-07 §1, 1991; Ord. 91-05 §1, 1991; Ord. 91-04B §1, 1991).