Chapter 10.81
DEVELOPMENT AGREEMENTS1
Sections:
10.81.010 Citation and authority.
10.81.040 Pre-application study session.
10.81.050 Forms, information and fees.
10.81.060 Review of application.
10.81.070 Notice of public hearing.
10.81.080 Review by Planning Commission.
10.81.090 Decision by City Council.
10.81.100 Approval of development agreement.
10.81.110 Amendment or cancellation.
10.81.140 Modification or termination.
10.81.010 Citation and authority.
This chapter is adopted in accordance with Government Code Title 7, Division 1, Chapter 4, Article 2.5, Section 65864 et seq., and may be cited as the Development Agreement Ordinance of the City of Sausalito. [Ord. 1284 § 1, 2021.]
10.81.020 Purpose.
The purpose of this chapter is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the City and developers to enter into development agreements. [Ord. 1284 § 1, 2021.]
10.81.030 Applicability.
The procedures and requirements set forth in this chapter shall apply to all development agreements proposed by developers and entered into by the City Council. [Ord. 1284 § 1, 2021.]
10.81.040 Pre-application study session.
Prior to formal application submittal a pre-application Planning Commission study session shall be required.
A. A person having a legal or equitable interest in real property may apply for a pre-application development agreement study session. The Community Development Director shall prescribe the pre-application form for development agreements. The applicant shall pay the fee for a study session set by City Council resolution and updated from time to time.
B. The City may require an applicant to submit such information and supporting data as the Community Development Director considers necessary for a pre-application development agreement study session application, and as provided in a submittal checklist updated from time to time.
C. Following the staff review, a Planning Commission pre-application study session for the development agreement shall be agendized. Staff and the applicant will present the project to the Planning Commission. Following the project presentation, the Planning Commission will be invited to make individual comments on various aspects of the proposal. Such comments shall confer no vested rights upon the applicant to proceed and the City may thereafter reject the formal application even though it complies with the approved pre-application request. In conformance with State law, no formal direction or decision making will take place until a project has undergone appropriate environmental review, public hearings, and evaluation for consistency with adopted City codes and plans. [Ord. 1284 § 1, 2021.]
10.81.050 Forms, information and fees.
A. A person having a legal or equitable interest in real property may apply for a development agreement. The Community Development Director shall prescribe the application form for development agreements.
B. The City may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application.
C. Each application shall be accompanied by the development agreement proposed by the applicant.
D. The applicant shall reimburse the City for all its reasonable and actual costs, fees, and expenses, including legal counsel and special counsel fees, for preparation and review of an application for a development agreement. The City Council may by resolution fix the schedule of fees and charges imposed for the filing and processing of each development agreement application and for the annual review. [Ord. 1284 § 1, 2021.]
10.81.060 Review of application.
The Community Development Director shall review the application and determine any additional information necessary to process the application. After the required information is received, a staff report and recommendation shall be prepared and shall state whether or not the agreement, as proposed or in an amended form, would be consistent with the general plan and any applicable specific plan and shall describe the public benefits provided by the proposed agreement.
Dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant additional review and engagement, the Community Development Director shall have the discretion to require a Planning Commission public workshop and/or another public vetting opportunity after the study session but prior to the public hearings on the development application. [Ord. 1284 § 1, 2021.]
10.81.070 Notice of public hearing.
A. The timing and manner of giving notice of public hearings on the development agreement shall be as prescribed in Government Code Section 65867.
B. The notice to consider adoption of the 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 to be affected; and
3. Other information required by law or which the Community Development Director considers necessary or desirable. [Ord. 1284 § 1, 2021.]
10.81.080 Review by Planning Commission.
A. The Planning Commission shall hold a public hearing on the development agreement and shall make a written recommendation to the City Council.
B. The Planning Commission’s recommendation shall include a determination whether or not the proposed development agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. Is consistent with the zoning and other land use regulations applicable to the property. [Ord. 1284 § 1, 2021.]
10.81.090 Decision by City Council.
A. The City Council shall hold a public hearing, after which it may accept, modify or disapprove the recommendation of the Planning Commission.
B. The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan and are consistent with the zoning and other land use regulations applicable to the property. [Ord. 1284 § 1, 2021.]
10.81.100 Approval of development agreement.
If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The agreement takes effect upon the effective date of the ordinance. [Ord. 1284 § 1, 2021.]
10.81.110 Amendment or cancellation.
A. The parties may mutually agree to amend or cancel in whole or in part the development agreement previously entered into.
B. The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement. [Ord. 1284 § 1, 2021.]
10.81.120 Recordation.
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 amend or cancel the agreement as provided in SMC 10.81.110 or modify or terminate the agreement as prescribed in SMC 10.81.140 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder. [Ord. 1284 § 1, 2021.]
10.81.130 Periodic review.
A. The City shall review the development agreement every 12 months from the date the agreement is entered into. It is the developer’s responsibility to apply in a timely fashion for the annual review and pay any applicable review fees. The property owner is responsible for submitting substantial evidence of good faith compliance with the development agreement with the application for annual review. The date for the annual review may be modified either by agreement between the parties or at the City’s initiation, upon recommendation of the Community Development Director, and by an affirmative vote of a majority of the Planning Commission.
B. The Community Development Director shall give notice to the property owner that the City intends to undertake the review of the development agreement. Notice shall be given at least 10 days in advance of the time at which the matter will be considered by the Planning Commission.
C. The Planning Commission shall conduct a public hearing to determine whether the property owner is in good faith compliance with the terms of the agreement. The burden of proof, by substantial evidence, of good faith compliance shall be upon the property owner.
D. The Planning Commission shall determine based on substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
E. If the Planning Commission determines based on substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
F. If the Planning Commission determines based on substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council, and the City Council may modify or terminate the agreement. [Ord. 1284 § 1, 2021.]
10.81.140 Modification or termination.
A. If the City Council determines based on substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement, the review for that period is concluded.
B. If the City Council determines, based upon substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may terminate or modify the agreement as provided in this subsection.
1. Before modifying or terminating the agreement, the City shall give notice to the property owner containing:
a. The time and place of the hearing;
b. A statement as to whether the City proposes to terminate or to modify the development agreement; and
c. Other information which the City considers necessary to inform the property owner of the nature of the proceedings.
2. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard.
3. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation.
4. The City Council may impose those conditions to the action it takes as it considers necessary to protect the public health, safety, or welfare.
5. The decision of the City Council is final. [Ord. 1284 § 1, 2021.]
Code reviser’s note: Ord. 1284 adds these provisions as Ch. 10.80. The chapter has been editorially renumbered to prevent duplication of numbering.