Chapter 17.116
DEVELOPMENT AGREEMENTS
Sections:
17.116.020 Application requirements.
17.116.030 Department review and recommendation.
17.116.040 Public hearing required.
17.116.050 Planning commission action.
17.116.060 City council action.
17.116.080 Modification and termination.
17.116.010 Purpose.
In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the state of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord 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 consideration of development agreements by the city consistent with state law. (Ord. 87-4 N.S., 1987).
17.116.020 Application requirements.
An applicant may propose that the city consider entering into a development agreement pursuant to Article 2.5, Chapter 4, Title 7 of the California Government Code commencing with Section 65864, by filing an application with the planning 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 occurrence in the application 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. All proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions,
5. The proposed time when construction would be commenced and completed for the entire project and any proposed phases, and
6. The termination date for the agreement;
B. A completed initial study form;
C. A statement documenting that the project is consistent with the general plan and all applicable specific plans;
D. Such other information as the planning department may require by policy or to satisfy other requirements of law;
E. The required fee established by city council resolution. (Ord. 17-10 § 22; Ord. 87-4 N.S., 1987).
17.116.030 Department review and recommendation.
The department shall, at the applicant’s expense and in accord with city procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the department’s recommendations thereon, to the planning commission. (Ord. 87-4 N.S., 1987).
17.116.040 Public hearing required.
Upon receipt of an application, the results of the environmental review, and the recommendations of the department, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code, except that in addition to these requirements, notice shall be mailed to the applicant and to each owner of property, as shown on the last equalized property tax assessment roll, located within 500 feet of the property. 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. 14-02 § 4; Ord. 87-4 N.S., 1987).
17.116.050 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 30 days. (Ord. 87-4 N.S., 1987).
17.116.060 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 BMC 17.116.040.
B. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the 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 finds that the provisions of the agreement, as submitted or as modified, are consistent with the general plan and with any specific plan. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the mayor and the director to sign the agreement on behalf of the city.
D. No agreement shall be signed by the mayor and the director 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 director for signing within 30 days of council approval, said application shall be deemed withdrawn by the applicant.
E. Within 10 days after the mayor and the director sign a development agreement and the ordinance becomes effective, the director shall cause a copy thereof to be recorded.
F. All agreement provisions are subject to modification or suspension as set forth in Article 2.5, Chapter 4, Title 7 of the Government Code, commencing with Section 65864. (Ord. 87-4 N.S., 1987).
17.116.070 Annual review.
A. All development agreements shall be reviewed by the community development director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.
B. 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.
C. 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 director’s attention.
D. If the department report recommends modification or termination of the agreement, or if the community development director proposes to make such a recommendation to the city council, he shall schedule a public hearing on the agreement. If the department report or director’s recommendation involves land use issues, the director shall schedule the hearing before the planning commission. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in BMC 17.116.040. At such hearing the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the agreement.
E. If, after the public hearing is closed, the community development director, in consultation with the planning commission if land use issues are involved, determines that the agreement should be terminated or modified, the matter shall be referred to the city council for proceedings for termination or modification.
F. Upon receipt of the community development director’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 BMC 17.116.040.
G. 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 BMC 17.116.080. (Ord. 87-4 N.S., 1987).
17.116.080 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 BMC 17.116.070. Notice of intention to take any such action shall be given in the manner provided by BMC 17.116.040; 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 California Government Code, Section 65867.5. (Ord. 87-4 N.S., 1987).
17.116.090 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. 87-4 N.S., 1987).