Chapter 14.90
DEVELOPMENT AGREEMENTS
Sections:
14.90.050 Standards of review, findings and decision.
14.90.060 Amendment and cancellation of agreement.
14.90.100 Modification or termination.
14.90.010 Purpose.
The provisions of this chapter establish procedures and set forth minimum guidelines for entering into development agreements. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.010]
14.90.020 Authority.
These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.020]
14.90.030 Initiation.
(1) A request to enter into a development agreement may be initiated by a project applicant, by the planning commission, or by the city council.
(2) Full discretion shall be retained by the city in determining whether to enter into a development agreement, accepting that all parties involved enter into the development agreement voluntarily.
(3) The city may require an applicant to submit such information and supporting data as the city considers necessary to process the application.
(4) Fees, as established by resolution of the city council, shall be imposed for the filing and processing of each application and document for or required under these regulations.
(5) Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. “Applicant” includes authorized agent. The city shall require an applicant to submit proof of his interest in the real property or authority of the agent to act for the applicant.
(6) Each application shall be accompanied by the form of development agreement proposed by the applicant. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.030]
14.90.040 Consideration.
(1) A request to enter into a development agreement shall be considered concurrently with the application that it addresses or after the application is approved.
(2) Upon receipt of an application for a development agreement, the city planner shall review the application and determine whether the application is complete.
(3) The city planner may require such additional information and supporting data as determined necessary in order to adequately consider the application.
(4) Upon acceptance of the application as complete, the city planner shall circulate the proposed agreement to appropriate city departments and staff and shall prepare a staff report and recommendation stating whether or not the agreement proposed or in an amended form would be consistent with the general plan and any applicable specific plan or areawide plan.
(5) Upon completion of city staff review and preparation of a staff report and recommendation by the city planner, a public hearing shall be scheduled for the next meeting of the planning commission, subject to noticing requirements as established in BMC 14.30.030.
(6) The planning commission shall consider the proposed development agreement and staff recommendation and shall make recommendation to the city council on the proposed development agreement.
(7) Following planning commission review, the proposed development agreement with accompanying planning commission recommendation shall be forwarded to the city council and reviewed by the city council at its next regular meeting, subject to noticing requirements as established in BMC 14.30.030.
(8) The city council shall, following review of the planning commission’s recommendation, conduct a public hearing and approve, conditionally approve or deny the proposed development agreement.
(9) In the case of denial of the agreement, the council shall state specific reasons for denial and the applicant shall have the opportunity to modify the proposed agreement based on city council direction and submit to the council for reconsideration. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.040]
14.90.050 Standards of review, findings and decision.
(1) The planning commission shall review applications for development agreements and shall make a recommendation to the city council which shall include a determination as to whether or not the proposed agreement:
(a) Is consistent with the objectives, policies and programs of the general plan and any applicable specific plan;
(b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(c) Will be detrimental to the health, safety, and general welfare;
(d) Will adversely affect the orderly development of property or the preservation of property values.
(2) After the city council completes a public hearing, it may accept, modify or disapprove the recommendation of the planning commission. It may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the city council.
(3) The city council may not approve a development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.
(4) If the city council approves the development agreement, it shall do so by adoption of an ordinance.
(5) A development agreement may be executed only upon the mutual consent of each party thereto.
(6) The provisions of this section shall not be construed to prohibit the planning commission or city council from conditioning approval of a discretionary entitlement on the execution of a development agreement where such a condition is otherwise authorized under law. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.050]
14.90.060 Amendment and cancellation of agreement.
(1) Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.
(2) The procedure for proposing and adoption of an amendment to or the cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (BMC 14.90.030 through 14.90.050).
(3) Where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 10 days in advance of giving of notice of intention to consider the amendment or cancellation as required by BMC 14.90.070. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.060]
14.90.070 Notice.
(1) A request to enter into a development agreement shall be subject to the same notice and hearing requirements as the application it addresses as provided in BMC 14.30.040.
(2) The failure of any person entitled to notice required by law or these regulations does not affect the authority of the city council to enter into a development agreement. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.070]
14.90.080 Recordation.
A copy of each development agreement approved by the city, or amendment or cancellation of the agreement, shall be forwarded by the city clerk within 10 working days of the action to the county recorder. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.080]
14.90.090 Periodic review.
(1) The city council shall review the development agreement every 12 months from the date the agreement is entered into. The time for review between the parties may be modified either by agreement between the parties or by initiation in one of the following ways:
(a) Recommendation by the city administrator;
(b) Affirmative vote of at least four members of the planning commission;
(c) Affirmative vote of at least three members of the city council.
(2) Notice that the city intends to undertake a periodic review of the development agreement shall be given to the involved property owner at least 10 days in advance of the time at which the matter will be considered.
(3) The city council may delegate or refer the periodic review of development agreements to the planning commission.
(4) The city council (or the planning commission if so designated) shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
(5) The city council (or the planning commission if so designated) shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
(6) Following the review as required by this subsection, the city council shall:
(a) If the city council (or the planning commission if so designated) determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
(b) If the city council (or the planning commission if so designated) determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city council may modify or terminate the agreement. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.090]
14.90.100 Modification or termination.
(1) If, upon a finding under BMC 14.90.090(6)(b), the city council determines to proceed with modification or termination of the agreement, the city council shall give notice to the property owner of its intention so to do. The notice shall include:
(a) The time and place of the hearing;
(b) A statement as to whether the city council proposes to modify or to terminate the agreement;
(c) Other information which the city council considers necessary to inform the property owner of the nature of the proceeding.
(2) At the time and place set for the hearing on modification or termination, the property owner shall be given the opportunity to be heard. The city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The city council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council is final. [Ord. 409 § 3, 2017; Ord. 320 § 1, 1999. Formerly 14.50.100]