Chapter 6.11
DEVELOPMENT AGREEMENT LAW OF THE CITY OF NEWMAN
Sections:
6.11.020 Authority and purpose.
6.11.030 Forms, information, fees and reimbursement.
6.11.040 Qualifications of applicants.
6.11.050 Form of development agreement.
6.11.070 Contents of development agreements.
6.11.080 Determination by the Planning Commission.
6.11.100 Initiation of amendments or cancellation.
6.11.110 Recordation of agreements, amendments, or cancellation.
6.11.120 Review of agreements.
6.11.010 Short title.
This chapter may be referred to as the Development Agreement Law of the City of Newman. (Ord. 94-16, 8-9-1994)
6.11.020 Authority and purpose.
This chapter is adopted pursuant to the provisions of Sections 65864 through 65869.5 of the California Government Code. The purpose of adopting this chapter is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans. (Ord. 94-16, 8-9-1994)
6.11.030 Forms, information, fees and reimbursement.
A. The Planning Department shall prescribe the form for each application, notice, and document provided for or required by this chapter for the preparation and implementation of development agreements.
B. The Planning Department may require an applicant to submit such information and supporting data as the Planning Department considers necessary to process the application.
C. The applicant shall pay a fee set by resolution of the City Council. (Ord. 94-16, 8-9-1994)
6.11.040 Qualifications of applicants.
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 Planning 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 Planning 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 Planning Director may require the applicant to submit a preliminary title report. (Ord. 94-16, 8-9-1994)
6.11.050 Form of development agreement.
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 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. (Ord. 94-16, 8-9-1994)
6.11.060 Duty to give notice.
The Planning 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 chapter at least 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:
1. The time and place of the hearing;
2. A general explanation of the matter to be considered, including a general description of the area; and
3. Other information required by specific provisions of this chapter or which the Planning Department considers necessary or desirable.
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 within 300 feet of the property which is the subject of the proposed development agreement. (Ord. 94-16, 8-9-1994)
6.11.070 Contents of development agreements.
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 discretionary actions as well as other discretionary actions taken by the City concurrent with, or applicable to said project; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions and concurrent discretionary actions 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 be commenced 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 the applicant financing of necessary public facilities and subsequent reimbursement over time. (Ord. 94-16, 8-9-1994)
6.11.080 Determination by the Planning Commission.
After the hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project, including prezoning, rezoning, planned development permits, use permits, or subdivision maps, the Planning Commission shall make its recommendation in writing to the 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 use plans, and programs specified or provided for 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 practices;
C. Is in conformity with the public convenience and general welfare and good land use practices;
D. Will not be detrimental to the health, safety, and general welfare;
E. Will not 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. (Ord. 94-16, 8-9-1994)
6.11.090 Council hearings.
A. Following notice pursuant to NCC 6.11.060, the Council shall hold a public hearing. The Council may accept, modify, or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless the Council adopts findings to support its action as referenced in NCC 6.11.070.
B. If the Council approves the development agreement, it shall do so by the adoption of an ordinance as required by Government Code Section 65867.5. After the ordinance approving the development agreement takes effect, the City may enter into and execute the agreement. (Ord. 94-16, 8-9-1994)
6.11.100 Initiation of amendments or cancellation.
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 the developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall be the same as the procedure for entering into the development agreement in the first instance herein (Gov. Code § 65868). However, where the City initiates the proposed amendment or cancellation of the development agreement, the City shall first give at least 30 days’ notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing. (Ord. 94-16, 8-9-1994)
6.11.110 Recordation of agreements, amendments, or cancellation.
A. Within 10 days after the City enters into the development agreement, the City Clerk 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 as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreements as provided in Section 65865.1 of said 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 likewise record notice of such action with the County Recorder. (Ord. 94-16, 8-9-1994)
6.11.120 Review of agreements.
The Planning Department shall review the development agreement every 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 Planning Department shall begin the review proceeding by giving notice to the property owner that the City intends to undertake a periodic review of the development agreement of the property owner. The Department shall give the notice at least 30 days in advance of the time at which 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 NCC 6.11.060.
C. The Council, upon the recommendation of the 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 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 of such period shall be concluded. If the 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 Council shall order the property owner to cure the default within 60 days. If the property owner fails to do so, the Council may modify or terminate the agreement. (Ord. 94-16, 8-9-1994)