Chapter 18.36
DEVELOPMENT AGREEMENTS
Sections:
18.36.020 Effective date of development agreements.
18.36.030 Development agreement application procedure.
18.36.040 Minimum requirements.
18.36.060 Departmental review.
18.36.070 Planning Commission recommendation.
18.36.080 City Council action.
18.36.010 Purpose.
The purpose of this chapter is to establish local procedures for the implementation of Cal. Gov’t Code Title 7, Division 1, Chapter 4, Article 2.5, commencing with Section 65864. The intent of a development agreement is to provide established standards for the development of large scale multiple use, residential, commercial, or employment center lands in the City, and to use efficiently governmental and private sector services with the least possible public and private expense and to attain the greatest possible benefit to the people of the City and project developers. (Ord. CCO-09-02, 2009)
18.36.020 Effective date of development agreements.
A development agreement shall be effective upon the date of recordation with the County Clerk following the City Council’s approval. (Ord. CCO-09-02, 2009)
18.36.030 Development agreement application procedure.
A project proponent may initiate a request for a development agreement as a condition of project approval or as an independent action.
(A) To initiate proceedings, the project proponent shall submit a request in writing to the City Planner. The agreement may be prepared by the project proponent, by a consultant or person of the proponent’s selection, or it may be prepared by the Planning Department.
(B) The City may charge a fee to offset the actual costs of preparing and reviewing a development agreement. (Ord. CCO-09-02, 2009)
18.36.040 Minimum requirements.
The subject property of a development agreement shall conform to the following minimum requirements:
(A) The project site is one or more acres in size. (Ord. CCO-09-02, 2009)
18.36.050 Contents.
(A) A development agreement shall, at a minimum, address the following issues: On- and off-site infrastructure construction and maintenance including phasing or scheduling of all improvements.
(B) Any requirements specified in State law.
(C) Any requirement of the Land Development Code and other City regulations.
(D) Other items as agreed upon by the developer and the City. (Ord. CCO-09-02, 2009)
18.36.060 Departmental review.
The initial version of the proposed development agreement shall be reviewed by the City departments, responsible and trustee agencies, and other public entities determined to have an interest in the implementation of the agreement. (Ord. CCO-09-02, 2009)
18.36.070 Planning Commission recommendation.
The Planning Commission shall review the development agreement, after it has been prepared to the satisfaction of the City staff. The Planning Commission shall consider its recommendation following a public hearing. The Commission may recommend approval of the agreement as written, approval with modifications, or denial. (Ord. CCO-09-02, 2009)
18.36.080 City Council action.
The development agreement, along with the Commission’s recommendation, shall be scheduled before the City Council at a public hearing. The City Council decision shall be final. (Ord. CCO-09-02, 2009)
18.36.090 Annual review.
The development agreement shall be the subject of an annual review for compliance upon its anniversary of execution. The City Planner, or his/her designee, shall conduct the review, and shall place a notice of findings in the project file, with copies mailed to the parties to the agreement. If no activity has commenced during the previous 12-month period, the annual review of progress may be postponed for one year. A notation to this effect shall be placed in the project file. (Ord. CCO-09-02, 2009)
|
Type of Permit or Decision |
Designated Approval Authority1 “R” symbolizes the “Recommending Body” “F” symbolizes the “Final Decision-Making Body” |
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|---|---|---|---|
|
Planner |
Planning Commission |
City Council |
|
|
Administrative Permit |
F |
||
|
Zoning Code Interpretation |
F |
||
|
Zoning Clearance/Plan Check |
F |
||
|
Variance |
R |
F |
|
|
Conditional Use Permit |
R |
F |
|
|
Design Review |
R |
F |
|
|
Tentative Parcel Map |
R |
F |
|
|
Tentative Subdivision Map |
R |
F |
|
|
Specific Plan |
R |
R |
F |
|
Zoning Amendment (Text and Map) |
R |
R |
F |
|
General Plan Amendment |
R |
R |
F |
|
Rezoning |
R |
R |
F |
|
Development Agreement |
R |
R |
F |
Notes:
1. All listed actions are subject to appeal pursuant to Chapter 18.32 MSMC (Appeals).
(Ord. CCO-09-02, 2009)