Chapter 17.94
DEVELOPMENT AGREEMENTS

Sections:

17.94.010    Purpose and scope.

17.94.020    Authority.

17.94.030    Initiation of hearings.

17.94.040    Applications—Legal interest.

17.94.050    Fees.

17.94.060    Preapplication review.

17.94.070    Application—Contents.

17.94.080    Public notice.

17.94.090    Failure to receive notice.

17.94.100    Planning commission hearing and recommendation.

17.94.110    City council hearing.

17.94.120    City council action.

17.94.130    Development agreement—Contents.

17.94.140    Development agreement—Adoption by ordinance—Execution of contract.

17.94.150    Recordation of executed agreement.

17.94.160    Ordinances, regulations and requirements applicable to development.

17.94.170    Subsequently enacted state and federal laws.

17.94.180    Enforcement—Continuing validity.

17.94.190    Amendment—Time extension—Cancellation.

17.94.200    Review for compliance—Director’s authority.

17.94.210    Violation of agreement—Council review and action.

17.94.220    Modification or termination for violations.

17.94.230    Consequences of termination.

17.94.240    Irregularity in proceedings.

17.94.250    Coordination of approvals.

17.94.010 Purpose and scope.

Development agreements specify the rights and responsibilities of the city and developers. Used in conjunction with subdivision approval, annexation, rezoning, or architectural approval, development agreements establish the terms and conditions under which development projects may proceed. Development agreements are best used for large, complex or phased projects which require extended construction time and which involve numerous public improvements such as streets, utilities, flood improvements, schools, parks and open space and other improvements of community-wide benefit. Under a development agreement, projects may proceed under the rules, standards, policies and regulations in effect at the time of original project approval. (Ord. 1134 § 1 (part), 1989)

17.94.020 Authority.

This chapter establishes procedures and requirements for development agreements for the purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Sections 65864 et seq. The planning commission may recommend and the city council may enter into a development agreement for the development of real property with any person having a legal or equitable interest in such property, as provided in this chapter. At its sole discretion, the council may, but is not required to, approve a development agreement where a clear public benefit or public purpose can be demonstrated. (Ord. 1553 § 25, 2010: Ord. 1134 § 1 (part), 1989)

17.94.030 Initiation of hearings.

Hearings on a development agreement may be initiated: (A) upon the filing of an application as provided below; or (B) by the council by a simple majority vote. (Ord. 1134 § 1 (part), 1989)

17.94.040 Applications—Legal interest.

Any person having a legal or equitable interest in real property or such other interest as specified in Section 17.94.070(A)(3)(b) may apply for a development agreement, except that a person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application which was denied within the previous year, unless the application is initiated by the council. (Ord. 1134 § 1 (part), 1989)

17.94.050 Fees.

The council shall establish, and from time to time may amend, a schedule of fees to cover the city’s costs of processing applications for development agreements. (Ord. 1134 § 1 (part), 1989)

17.94.060 Preapplication review.

Before submitting an application and support materials, applicants shall discuss the proposal with the community development director. At such review, the applicant should present a preliminary site plan and show basic features of the proposed project, including its public purposes and/or benefits. For large or complex projects, the applicant may request council review of the preliminary concept. Such a review shall be at the council’s sole discretion, and would allow the council to review and comment on a proposal early in the review process. (Ord. 1134 § 1 (part), 1989)

17.94.070 Application—Contents.

A. A development agreement application shall include the following information:

1. A planning application and processing fee;

2. The names and addresses of the applicant and of all persons having a legal or equitable interest in all or a part of the property proposed to be used;

3. Evidence that the applicant:

a. Has a legal or equitable interest in the property involved, or

b. Has written permission from a person having a legal or equitable interest to make such application;

4. Location of the subject property by address and vicinity map;

5. Legal description of the property, including a statement of total area involved;

6. A plan showing the location of all property included in the request for action, existing and proposed land uses, property lines and dimensions, topography, significant natural features, setbacks, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of three hundred feet from the exterior boundaries of the property described in the application;

7. Mailing list including addresses of all tenants occupying the subject property and properties within three hundred feet from the subject property boundaries; and a mailing list of owners of adjacent properties within three hundred feet from the subject property boundaries, as shown on the county assessor’s latest available assessment roll;

8. The proposed development agreement, together with all explanatory text, plans, maps, drawings, pictures and other information as may be required to evaluate such proposal, and as further described in Section 17.94.130;

9. Such other information as the director may require.

B. The director may waive the filing of one or more of the above items where the required information is filed with an application for a rezoning, use permit, variance, subdivision approval or other development entitlement to be considered concurrently with the development agreement.

1. The director may reject any application that does not supply the required information, or may reject incomplete applications.

2. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. 1134 § 1 (part), 1989)

17.94.080 Public notice.

A. Director Action. When the director certifies that the application is complete, the item shall be scheduled for commission hearing; and the director shall give notice of the public hearing, as provided below.

B. Manner of Giving Public Notice. Public notice requirements shall be met by:

1. Mailing or delivery to the applicant and to all owners of real property within three hundred feet of the property included in the development agreement;

2. Mailing or delivery to all tenants of property within three hundred feet of the property included in the development agreement;

3. Mailing to any person who has filed a written request for such notice with the planning director, and

4. Publication at least once in a newspaper of general circulation published and circulated in the city. Said notice shall be published at least ten days before the hearing date, and shall include: (a) the time and place of the public hearing, and (b) a general explanation of the development agreement, including the property location, proposed land uses and applicant’s name. (Ord. 1134 § 1 (part), 1989)

17.94.090 Failure to receive notice.

The failure to receive notice by any person entitled thereto by law or this chapter does not affect the authority of the city to enter into a development agreement. (Ord. 1134 § 1 (part), 1989)

17.94.100 Planning commission hearing and recommendation.

The commission shall consider the proposed development agreement and shall make its recommendation to the council. The recommendation shall include whether or not the proposed development agreement meets the following findings:

A. The proposed development agreement is consistent with the general plan and any applicable specific plan;

B. The proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations;

C. The proposed development agreement promotes the general welfare, allows more comprehensive land use planning, and provides substantial public benefits or necessary public improvements, making it in the city’s interest to enter into the development agreement with the applicant; and

D. The proposed project and development agreement:

1. Will not adversely affect the health, safety or welfare of persons living or working in the surrounding area; and

2. Will be appropriate at the proposed location and will be compatible with adjacent land uses. (Ord. 1636 § 3, 2017: Ord. 1134 § 1 (part), 1989)

17.94.110 City council hearing.

After the recommendation of the planning commission, the director shall give notice of a public hearing the city council in the manner provided for in Section 17.94.080. (Ord. 1134 § 1 (part), 1989)

17.94.120 City council action.

A. Referral. After it completes the public hearing and considers the commission’s recommendation, the council may approve, conditionally approve, modify or disapprove the proposed development agreement. The council may refer matters not previously considered by the commission during its hearing back to the commission for review and recommendation.

B. Approval. The development agreement may be approved if the city council makes the findings for approval listed in Section 17.94.100 above. (Ord. 1134 § 1 (part), 1989)

17.94.130 Development agreement—Contents.

A. Development agreements shall include the following:

1. The duration of the agreement, including a specified termination date if appropriate;

2. The uses to be permitted on the property;

3. The density or intensity of use permitted;

4. The maximum height, size and location of buildings permitted;

5. The reservation or dedication of land for public purposes to be secured, including, but not limited to, rights-of-way, open space preservation, and public access easements;

6. Proposed exceptions from zoning regulations or other development standard, and findings where required;

7. The time schedule established for periodic review as required by Section 17.94.200.

B. Development agreements may also include additional terms, conditions and restrictions in addition to those listed in subsection A of this section. These additional terms may include, but are not limited to:

1. Development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, public art and other landscape amenities, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

3. Method of financing such improvements and, where applicable, reimbursement to developer or city,

4. Prohibition of one or more uses normally listed as permitted, accessory, subject to director’s review or subject to use permit in the zone normally allowed by right;

5. Limitations on future development or special terms or conditions under which subsequent development approvals not included in the agreement may occur,

6. The requirement of a faithful performance bond where deemed necessary to and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of a bond, the applicant may deposit with the city clerk certificates of deposit or other security acceptable to the finance director,

7. Specific design criteria for the exteriors of buildings and other structures, including colors and materials, landscaping and signs;

8. Special yards, opens spaces, trails, staging areas, buffer areas, fences and walls, public art, landscaping and parking facilities, including vehicular and pedestrian ingress and egress;

9. Performance standards regulating such items as noise, vibration, smoke, dust, din, odors, gases, garbage, heat and the prevention of glare or direct illumination of adjacent properties;

10. Limitations on operating hours and other characteristics of operation which the council determines could adversely affect the reasonable use and enjoyment of surrounding properties. (Ord. 1134 § 1 (pan), 1989)

17.94.140 Development agreement—Adoption by ordinance—Execution of contract.

A. The development agreement shall be approved 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 administrative officer.

B. No ordinance shall be finally adopted and the city administrative officer shall not execute a development agreement until it has been executed by the applicant and all other parties to the agreement. If the applicant has not executed the agreement or agreement as modified by the city council, and returned the executed agreement to the city clerk within sixty days following council approval, the approval shall be deemed withdrawn, and the council shall not finally adopt such ordinance, nor shall the city administrative officer execute the agreement.

C. Such sixty-day time period may be extended upon approval of the council. (Ord. 1134 § 1 (part), 1989)

17.94.150 Recordation of executed agreement.

Following the execution of a development agreement by the city administrative officer, the city clerk shall record the executed agreement with the county recorder. (Ord. 1134 § 1 (part), 1989)

17.94.160 Ordinances, regulations and requirements applicable to development.

Development projects covered by a development agreement shall comply with the general plan, zoning and subdivision regulations, and other applicable codes, ordinances, rules, regulations and official policies in effect on the date of execution of the development agreement by the city administrative officer, provided, however, that a development agreement shall not:

A. Be construed to prevent the application of later adopted or amended ordinances, rules, regulations and policies which do not conflict with such existing ordinances, rules, regulations and policies under the development agreement;

B. Prevent the approval, conditional approval or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations and policies; or

C. Preclude the city from adopting and implementing emergency measures regarding water or sewer deficiencies when the council determines that such action is necessary to protect public health and safety. If such action becomes necessary, the council reserves the right to suspend water or sewer service on an equitable basis until such deficiencies are corrected. (Ord. 1134 § 1 (part), 1989)

17.94.170 Subsequently enacted state and federal laws.

In the event that state or federal laws or regulations enacted after execution of a development agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with such laws or regulations. (Ord. 1134 § 1 (part), 1989)

17.94.180 Enforcement—Continuing validity.

A. Unless and until amended or canceled in whole or in part as provided in Sections 17.94.190 or 17.94.210, a development agreement shall be enforceable by any party to the agreement, regardless of any change in regulations which alters or amends the regulations applicable to the project covered by a development agreement, except as specified in Sections 17.94.160 and 17.94.170.

B. The development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (Ord. 1134 § 1 (part), 1989)

17.94.190 Amendment—Time extension—Cancellation.

A development agreement may be amended, extended or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment, time extensions or cancellation of the development agreement by mutual consent shall be the same as provided for initiation and consideration of such agreement. (Ord. 1134 § 1 (part), 1989)

17.94.200 Review for compliance—Director’s authority.

A. Every development agreement entered into by the city council shall provide for director review of compliance with the development agreement at time intervals as specified in the agreement, but not less than once every twelve months.

B. The director shall determine whether the applicant or his or her successor in interest has or has not complied with the agreement. If the director determines that the terms or conditions of the agreement are not being met, all parties to the agreement shall be notified by registered or certified mail, also indicating that failure to comply within a period specified may result in legal action to enforce compliance, termination or modification of the agreement.

C. It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with the agreement to the director’s satisfaction at the time of the director’s review. Refusal by the applicant or his or her successor in interest to provide the required information shall be prima facie evidence of violation of such agreement.

D. If at the end of the time period established by the director, the applicant or his or her successor in interest has failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance, the director shall notify the city council of his or her findings, recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement. (Ord. 1134 § 1 (part), 1989)

17.94.210 Violation of agreement—Council review and action.

A. When the director notifies the council that a development agreement is being violated, a public hearing shall be scheduled before the council to consider the matter. Procedures for conduct of such hearing shall be the same as provided for initiation and consideration of a development agreement.

B. If the council determines that the applicant or his or her successor in interest is in violation of a development agreement, it may take one of the following actions:

1. Schedule the matter for council hearing for modification or possible termination of the agreement. Procedures for hearing notice shall be the same as provided in Section 17.94.080; or

2. Continue the matter for further consideration. (Ord. 1134 § 1 (part), 1989)

17.94.220 Modification or termination for violations.

After the hearing required by Section 17.94.210 (A), the council may terminate or modify the agreement upon finding that

A. 1. Terms, conditions and obligations of any party to the development agreement have not been met;

2. The scope, design, intensity or environmental effects of a project were represented inaccurately;

3. The project has been or is being built, operated or used in a manner that differs significantly from approved plans, permits or other entitlements; or

4. Parties to the agreement have engaged in unlawful activity, or have used bad faith in the performance of or the failure to perform their obligations under the agreement.

B. Modifications. Such remedial action may include, but is not limited to, changes to project design or uses, operating characteristics, or necessary on-site or off-site improvements which are determined to be reasonably necessary to protect public health, safety or welfare, and to correct problems caused by or related to noncompliance with the terms of the agreement. (Ord. 1134 § 1 (part), 1989)

17.94.230 Consequences of termination.

Upon termination of the development agreement, the owner shall otherwise comply with city codes, regulations, development standards and other applicable laws in effect at the time of termination of the agreement. (Ord. 1134 § 1 (part), 1989)

17.94.240 Irregularity in proceedings.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless, after an examination of the entire record, the court is of the opinion that the error was prejudicial and that a different result would have been probable if the error had not occurred or existed. (Ord. 1134 § 1 (part), 1989)

17.94.250 Coordination of approvals.

A. Public Hearings. Where an application for a development agreement is concurrently filed with an application for a zone change, use permit, variance, minor subdivision or tract map, or annexation and the applications may be feasibly processed together, public hearings may be concurrently held.

B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking requirements, density, and other design standards may be modified or relaxed during consideration of a development agreement. The council may modify or relax development or subdivision standards when: (1) such modification or relaxation is otherwise allowed by this municipal code, (2) the council makes findings as required by zoning and subdivision regulations, and (3) the council determines that such modification or relaxation of standards is consistent with the general plan, and reasonably necessary to allow the safe, efficient or attractive development of the subject property. (Ord. 1134 § 1 (part), 1989)