Chapter 9.70
DEVELOPMENT AGREEMENTS
Sections:
9.70.030 Application filing, processing, and review.
9.70.040 Content of development agreement.
9.70.050 Execution and recordation.
9.70.060 Amendment and cancellation of development agreements.
9.70.080 Effect of development agreements.
9.70.090 Approved development agreements.
9.70.010 Purpose of chapter.
A. A development agreement is a contract between the City and an applicant for a development project, in compliance with State law (Government Code Article 2.5 (Development Agreements)). A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance of payment of required fees, installation of necessary infrastructure, and other considerations the City might obtain in the development agreement.
B. In construing 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, State law (Government Code Article 2.5), 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:
1. The plain terms of the development agreement itself;
2. The provisions of this chapter; and
3. The provisions of State law (Government Code Article 2.5). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.020 Application.
A. Equitable interest. Any person(s) having a legal or equitable interest in real property may apply through the Director to enter into a development agreement provided the following:
1. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director. An applicant may also include an authorized agent;
2. The application is made on approved forms, contains all information required by the Director, and is filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees); and
3. The application is accompanied by all lawfully required documents, materials, and information.
B. Director’s review and recommendations.
1. The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.
2. The Director may call upon all other City departments for timely assistance in complying with this chapter.
C. Fees.
1. Processing fees, as established by the City’s Fee Schedule, shall be collected for an application for a development agreement made in compliance with this chapter.
2. Appropriate fees shall be established and collected for amendments to a development agreement and the periodic review identified in Section 9.70.070. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.030 Application filing, processing, and review.
A. Filing. An application for a Development Agreement shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by detailed data/materials identified in the Department handout for development agreement applications.
C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D. Notice and hearings.
1. The Director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for public hearing before the Commission in compliance with Chapter 88 of this title (Public Hearings). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or disapprove the application, based on the findings identified in subsection E of this section (Findings and decision).
2. Upon receipt of the Commission’s recommendations, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Chapter 88 of this title (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application, based on the findings identified in subsection E of this section (Findings and decision).
3. Notice of the hearings identified in subsections (D)(1) and (2) of this section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867) and Chapter 88 of this title (Public Hearings).
E. Findings and decision. The review authority may approve a development agreement only after first making all of the following findings:
1. The development agreement is in the best interests of the City;
2. The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Development Code;
3. The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;
4. The project will be compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located;
5. The project will not adversely affect the orderly development of property or the preservation of property values;
6. The project will further important Citywide goals and policies that have been officially recognized by the Council; and
7. The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.040 Content of development agreement.
A. Mandatory contents. A development agreement shall contain the applicable provisions identified below, in compliance with State law (Government Code Section 65865.2).
1. Specify the:
a. Duration of the agreement;
b. Allowed uses for the subject property; and
c. Density/intensity of the allowed uses;
2. Describe the:
a. Maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;
b. Provisions, if any, for reservation or dedication of land for public purposes; and
c. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or impact fees;
3. Provide for a tiered amendment review procedure that may incorporate the following:
a. Director approval for minor modifications;
b. Council approval for major amendments;
4. Provide for the possibility of subsequent discovery of health and safety issues like a “compelling public necessity” (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.
B. Permissive contents. A development agreement may contain the applicable provisions identified below, in compliance with State law (Government Code Section 65865.2):
1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;
2. Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;
3. Terms and conditions relating to applicant financing of necessary public improvements and facilities including applicant participation in benefit assessment proceedings; and
4. Any other terms, conditions and requirements as the Council may deem necessary and proper, including requirement(s) for ensuring, to the satisfaction of the Director, performance of all provisions of the agreement in a timely manner by the applicant/contracting party. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.050 Execution and recordation.
A. Ordinance becomes effective. The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Section 9.70.030(D) (Notice and hearings), becomes effective.
B. Recordation of agreement. A development agreement shall be recorded in the County Recorder’s Office no later than ten (10) days after it is executed. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.060 Amendment and cancellation of development agreements.
A. Proposed amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.
B. Same procedures. The procedure and notice requirements for amendment or cancellation of the development agreement are the same as the procedure for entering into an agreement in compliance with this chapter.
C. City initiated amendment or cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least fifteen (15) days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.070 Periodic review.
A. Subject to periodic review.
1. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic City review during the full term of the agreement.
2. The review schedule shall be specified in the agreement.
B. Purpose of periodic review.
1. 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.
2. 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. Council findings following periodic review. If, as a result of periodic review, the Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s) in interest has not complied in good faith with the terms or conditions of the development agreement, the Council may order, after a noticed public hearing in compliance with Section 9.70.030(D) (Notice and hearings), that the agreement be canceled or modified. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.080 Effect of development agreements.
A. Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.
B. Application of new rules. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new policies, regulations, and rules. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.70.090 Approved development agreements.
Development agreements approved by the Council shall be on file with the City Clerk. (§ 2, Ord. 14-13, eff. October 8, 2014)