Chapter 17.34


17.34.010    Purpose.

17.34.020    Application requirements.

17.34.030    Pre-application process.

17.34.040    Department review and recommendation.

17.34.050    Public hearing required.

17.34.060    Planning commission action.

17.34.070    City council action.

17.34.080    Annual review.

17.34.090    Application of existing rules, regulations, and policies.

17.34.100    Modification and termination.

17.34.110    Administration.

17.34.010 Purpose.

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the California legislature adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective is to provide assurances that, upon approval of the project, the applicant may proceed in accordance with existing policies, rules, and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for development agreements consistent with state law. (Ord. 796 Att. A(part), 1999)

17.34.020 Application requirements.

An applicant may propose that the city consider entering into a development agreement pursuant to Title 7, Chapter 4 of the Government Code by filing an application with the community development department. The application shall be accompanied by the following:

A.    A proposed agreement which shall contain the following:

1.    A legal description of the property sought to be covered by the agreement;

2.    A statement of concurrence by the owner if the applicant is not the fee owner;

3.    A description of the proposed uses, height, and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

4.    A statement of terms and conditions relating to applicant financing of public facilities and required improvements;

5.    All proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions;

6.    A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights.

7.    The proposed time when construction would be commenced and completed for the entire project and any proposed phases; and

8.    The termination date for the agreement.

B.    A map showing the location and street address of the subject property and of all lots of record within three hundred feet of the boundaries of the property.

C.    A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred feet of the boundaries of the property. Envelopes addressed to these owners also shall be provided for mailing notices.

D.    A statement documenting that the project is consistent with the general plan and all applicable specific plans.

E.    Such other information as the community development director may require by policy or to satisfy other requirements of law.

F.    The required fee. (Ord. 796 Att. A(part), 1999)

17.34.030 Pre-application process.

City staff shall not begin to negotiate with the applicant until authorized by the city council following completion of the pre-application process as set forth below:

A.    The community development department shall review the proposal, consult with all city departments, obtain additional information from the applicant as may be deemed necessary, and shall, within forty-five days of receipt of the proposal, prepare a report containing the department’s recommendation to the city council. The recommendation shall consist of the following:

1.    A statement of potential public benefits accruing to the city if the agreement were entered into;

2.    A recommendation whether the city should negotiate further with the applicant;

3.    A statement of issues for further research and investigation and issues that should be addressed in the development agreement;

4.    A statement of those documents, applications, and other items required to further process the application or negotiate with the applicant.

B.    Upon receipt of the recommendation of the community development director, the request shall be set for a public hearing before the city council. The city council shall consider whether to authorize city staff to negotiate with the applicant concerning the development agreement. Notice of the hearing shall be given in accordance with the Government Code.

C.    Upon the close of the hearing, the city council shall either:

1.    Direct city staff, by resolution, to continue negotiating with the applicant, and to prepare a proposed development agreement for planning commission review; or

2.    Determine that no further negotiations are desirable and so state in a resolution, including the reasons for such a determination, and reject the application. (Ord. 796 Att. A(part), 1999)

17.34.040 Department review and recommendation.

Unless the project is categorically exempt, the department shall undertake environmental review and, upon completion of such review, transmit the application, together with the department’s recommendations, to the planning commission. (Ord. 796 Att. A(part), 1999)

17.34.050 Public hearing required.

Upon receipt of an application, the planning commission shall schedule a public hearing to determine whether the proposal conforms to the general plan, and determine the environmental clearance. The planning commission hearing shall be scheduled within six months following city council authorization to staff to negotiate with the applicant unless the city and the applicant mutually agree to a later date.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project. (Ord. 796 Att. A(part), 1999)

17.34.060 Planning commission action.

After the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. The commission shall transmit its recommendation to the city council within thirty calendar days. (Ord. 796 Att. A(part), 1999)

17.34.070 City council action.

A.    Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in Section 17.34.050.

B.    If the application is being processed together with the development project, the public hearing on the development agreement application may be held concurrently with this hearing on the project.

C.    After the public hearing is closed, the city council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council makes the following findings:

1.    That the agreement is consistent with the general plan and with any specific plan;

2.    That the agreement is consistent with all provisions of this ordinance, the Lakeport Municipal Code, and state law;

3.    That the agreement will not be detrimental to the public health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values;

4.    That the city council has considered the effect of the development agreement on the housing needs of the region in which the city is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

Any approval of a proposed agreement shall be made by ordinance, which shall authorize the mayor and the city attorney to sign the agreement on behalf of the city, and shall become effective after thirty calendar days following the second reading unless a referendum is filed within that time.

D.    No agreement shall be signed by the mayor and the city attorney until it has been duly signed by the applicant and owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the mayor and the city attorney for signing within thirty calendar days of council approval, said application shall be deemed withdrawn by applicant.

E.    Within ten calendar days after the mayor and the city attorney sign a development agreement and the ordinance becomes effective, the city clerk shall cause a copy thereof to be recorded.

F.    All agreement provisions are subject to modification or suspension as set forth in Title 7, Chapter 4, Article 2.5 of the Government Code commencing with Section 65864. (Ord. 796 Att. A(part), 1999)

17.34.080 Annual review.

A.    Development agreements shall be limited in their term to a period not to exceed a maximum of five years from the effective date of the adopting ordinance. The city may specify in the agreement options to renew the term of the agreement.

B.    All development agreements shall be reviewed by the planning commission and city council at least once every twelve months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

C.    The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

D.    Prior to each review, the department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the department wishes to bring to the city council’s attention.

E.    If the department review determines that all terms and conditions of the agreement have been met, and the city council concurs in writing, no further review shall be required.

F.    If the department report recommends modification or termination of the agreement, of if the community development director proposes to make such a recommendation to the city council, he shall schedule a public hearing before the planning commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.34.050. At such hearing, the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated or modified.

G.    Upon receipt of the community development director’s or planning commission’s recommendation, the city council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.34.050.

If, after the public hearing is closed, the city council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the city council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 17.34.100. (Ord. 796 Att. A(part), 1999)

17.34.090 Application of existing rules, regulations, and policies.

Unless otherwise provided by the development agreement, rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying, or conditionally approving, any subsequent development project application on the basis of such existing or new rules, regulations, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement. (Ord. 796 Att. A(part), 1999)

17.34.100 Modification and termination.

Any development agreement may be amended or canceled, in whole or in part, by mutual consent of the applicant (or its successor in interest) and the city, or it may be modified or terminated pursuant to the provisions of Section 17.34.080. Notice of intention to take any such action shall be given in the manner provided by Section 17.34.050; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. (Ord. 796 Att. A(part), 1999)

17.34.110 Administration.

The community development director shall prepare and adopt such application forms, checklists, and other documents as considered necessary and desirable to implement these procedures and requirements. (Ord. 796 Att. A(part), 1999)