Chapter 17.39
DEVELOPMENT AGREEMENTS
Sections:
17.39.020 Development agreement authorized.
17.39.010 Purpose.
The purpose of this chapter is to permit development agreements pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4 of Title 7 of the Government Code. (Ord. 547 § 9, 1998).
17.39.020 Development agreement authorized.
The City may at its sole discretion and when significant benefit will inure to the City of Calistoga, enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this chapter, so long as such person’s interest entitles him to engage in such development. A development agreement shall not be approved unless the City Council finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. The provisions of the Government Code, as may be amended, including, but not limited to: enforceability of the development agreement, findings of consistency necessary for the approval of a development agreement, and modification/suspension of a development agreement, shall be followed in the approval of a development agreement. Notwithstanding the above, all applications requesting approval of an amendment to the General Plan or of a rezoning shall be brought to the City Council for consideration of whether a development agreement would be appropriate for the particular development. (Ord. 547 § 9, 1998).
17.39.030 Procedures.
The procedures stated in this chapter shall govern the issuance of development agreements.
A. Application. Applications for a development agreement shall be filed with the Planning and Building Department on the forms provided by said Department and shall be accompanied by filing fees and/or deposits as specified by the Department to cover the costs associated with processing applications for development agreements.
B. Drafting the Development Agreement. As a part of the application, the applicant shall submit a substantive summary of the points proposed for inclusion in the development agreement. The City Attorney shall draft the development agreement. The development agreement shall contain the information and provisions required by Government Code Section 65865.2 as may be amended.
C. Hearings Required. The Planning Commission and the City Council shall hold a public hearing on the proposed development agreement. Notice of intent to consider the adoption of a development agreement shall be given pursuant to the requirements of the Government Code Section 65867 as may be amended. Notice requirements for amendments, enforcement actions, and termination actions shall be consistent with the requirements of Article 2.5 Chapter 4 of Title 7 of the Government Code as may be amended. (Ord. 547 § 9, 1998).
17.39.040 Periodic review.
City Council shall review all approved development agreements at least once every 12 months, at which time the applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. (Ord. 547 § 9, 1998).
17.39.050 Term.
Development agreements shall have terms as defined on an individual basis at the sole discretion of the City Council except that in no case shall the term of a development agreement exceed 10 years. (Ord. 547 § 9, 1998).