Chapter 14.17.050
Adopted Development Agreement
Sections:
14.17.050.020 Amendment of Development Agreement.
14.17.050.030 Cancellation or Termination of Development Agreement.
14.17.050.010 Annual Review.
The City shall review all development agreements at least once every 12 months, which shall occur during the month of January.
A. Applicant’s Submission. Not less than 45 calendar days nor more than 60 calendar days prior to the date of review, the applicant shall submit to the Director of Community Development evidence of the applicant’s good faith compliance with the development agreement and notify the Director of Community Development in writing that such evidence is being submitted to the City pursuant to the period review requirements of this section. Said notification shall be accompanied by a processing fee in an amount set by resolution of the City Council.
B. Finding of Compliance. If the Director of Community Development finds good faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Director of Community Development, the expiration of the appeal period without the filing of an appeal, or, if appealed, confirmation by the City Council of the issuance of the certificate, shall conclude the review process.
C. Finding of Noncompliance. If the Director of Community Development on the basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, the Director of Community Development shall specify in writing to the developer the terms with which the developer has failed to comply. The Director of Community Development shall also specify a reasonable time for the developer to meet the terms of compliance.
1. If such areas of noncompliance are not addressed within the reasonable time limits as prescribed by the Director of Community Development such that the Director of Community Development determines that the developer is in compliance, the development agreement shall be subject to cancellation in accordance with the provisions of Section 14.17.050.030.
D. Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance by the Director to the Planning Commission within 10 calendar days after such issuance. The developer may also file an appeal of the Director of Community Development’s finding of noncompliance to the Planning Commission within 10 calendar days after giving of notice of such determination. The determination of the Planning Commission may, in turn, be appealed to the City Council. The review of any appeals shall be conducted in accordance with the provisions of Section 14.09.030.120.
E. Referral to the Planning Commission. The Director of Community Development may refer any review to the Planning Commission.
1. If a referral to the Planning Commission is for noncompliance, the Planning Commission shall conduct a public hearing in accordance with the provisions of Chapter 14.09.030 of this code; and
2. The Planning Commission shall either make a determination of good faith compliance and the City shall issue a certificate of compliance, or of noncompliance by the developer.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.17.050.020 Amendment of Development Agreement.
An amendment to a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement.
A. When adopting an amendment to a development agreement, the City Council shall make findings, including, but not limited to, the following:
1. That the amendment is consistent with the provisions of this division;
2. That the amendment is consistent with the original intent of the development agreement; and
3. That the amendment will not be detrimental to the public health, safety, or general welfare of the community.
B. Administrative Adjustment. Any revision to the development agreement which does not relate to the term of the agreement, permitted uses of the property, provisions for the reservation or dedication of land or monetary exactions of the developer, shall be considered an administrative adjustment, and is not an amendment, and no public hearing shall be required, unless otherwise determined by the Director of Community Development or the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.17.050.030 Cancellation or Termination of Development Agreement.
Intent to cancel or terminate a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement.
A. Cancellation of the Development Agreement. Any development agreement may be cancelled by mutual consent of the parties. Following a public hearing by the City Council, the Council shall adopt a resolution canceling the development agreement, subject to the provisions of subsection C of this section, if applicable.
B. Termination of the Development Agreement by the City.
1. If, at any time during the term of a development agreement, the Director of Community Development finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been cured under Section 14.17.050.010.B, the Director of Community Development shall request that the Planning Commission conduct a public hearing, at which time the developer shall demonstrate good faith compliance with the terms of the development agreement.
a. The burden of proof to show substantial evidence of compliance by the developer shall be upon the developer; and
b. If such compliance has not been demonstrated to the satisfaction of the Planning Commission, the Planning Commission shall make a recommendation to the City Council to terminate the development agreement or recommend new terms and conditions intended to remedy the noncompliance.
2. The City Council shall review the recommendation of the Planning Commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer’s good faith compliance with the terms of the development agreement.
a. If the City Council finds, based upon substantial evidence, noncompliance with the terms and conditions of the development agreement, the City Council may either cancel the development agreement upon giving 60 calendar days’ notice to the developer or, in its discretion, may allow new terms and conditions intended to remedy such noncompliance;
b. The City Council may impose such conditions to the action it takes as it considers necessary to protect the interests of the City; and
c. The decision of the City Council shall be final.
3. Any cancellation or imposition of new terms and conditions pursuant to this section shall be noticed in accordance with the procedures specified in Section 14.17.020.010.
C. Rights of the Parties After Cancellation or Termination. In the event that a development agreement should be cancelled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner, or successors in interest under the development agreement shall terminate.
1. Any and all benefits, including money or land, received by the City shall be retained by the City. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construction at the time of termination;
2. The City may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit;
3. As used herein, “construction” means work under a valid building permit, and “completing” means completion for beneficial occupancy for developer’s use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion “completion” means completion except for interior improvements such as partitions, duct and electrical runouts, fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of the Zoning Ordinance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)