Chapter 18.460
DEVELOPMENT AGREEMENTS
Sections:
18.460.010 Purpose and applicability.
18.460.020 Parties to agreement.
18.460.040 Review, notice, and hearing.
18.460.050 Planning commission action.
18.460.060 City council action.
18.460.070 Amendment or cancellation.
18.460.100 Modification or termination.
18.460.010 Purpose and applicability.
This chapter establishes procedures and requirements for the review and approval of development agreements as authorized by Government Code Section 65864 et seq. It is the intent of the city council that development agreements are not appropriate for routine or ordinary development applications but may be desirable for large multi-phase developments where a developer is called upon to make substantial investment at the early stages of the project for planning and engineering the entire project and public facilities and services. In addition, the city council has determined that commercial cannabis business development projects, such as retail (storefront or non-storefront), manufacturing, testing laboratories, distribution, and microbusinesses, may enter into a development agreement with the city in accordance with this chapter. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1132].
18.460.020 Parties to agreement.
A. Applicant. Only a qualified applicant may file an application to enter into a development agreement in compliance with this chapter. 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 an authorized agent of the applicant. The planning division may require an applicant to submit proof of their interest in the real property and of the authority of the agent to act for the applicant, and may further require an applicant or agent to submit a title report or other evidence to verify the applicant’s legal or equitable interests in the subject property.
B. Other Parties. In addition to the city and the property owner, any federal, state, or local governmental agency or body and any other private party may be included as a party to any development agreement.
C. Property Subject to Annexation. A qualified applicant whose property is located within the city’s sphere of influence, or who has a pending application for inclusion of their property into the sphere of influence, may file an application to enter into a development agreement. The agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be invalid. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1133].
18.460.030 Application.
A. An application for a development agreement shall be filed and processed in compliance with this chapter and shall be accompanied by required fees, information, and supporting data determined by the planning division as necessary to process the application.
B. An application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include:
1. The duration of the agreement;
2. The permitted uses of the property;
3. The density or intensity of use;
4. The maximum height and size of proposed buildings;
5. The provisions for reservation or dedication of land for public purposes;
6. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;
7. Construction start date and phasing;
8. Required compliance with Uniform Building Code standards for construction; and
9. Any additional conditions, terms, or restrictions, and any requirement for subsequent discretionary actions, as deemed necessary to ensure the project’s completion to the satisfaction of the city. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1134].
18.460.040 Review, notice, and hearing.
A. Review.
1. The planning division shall receive and review the application. The planning division shall review the application to determine if additional information is necessary and may reject it if it does not meet the requirements of this chapter. The completeness determination shall be sent to the applicant in writing;
2. The planning division shall forward a copy of the proposed agreement to the city attorney for review; and
3. After all required information is received the planning division shall prepare a staff report and recommendation to the planning commission, which shall state if the agreement, as proposed or in an amended form, is consistent with the general plan and any applicable specific plan.
B. Notice. A hearing shall be held by the planning commission and by the city council. The planning division shall provide notice of intention to consider adoption of a development agreement in compliance with Division VIII of this title (Administration) and Government Code Sections 65090 and 65091. The failure of any person entitled to receive notice required by law does not affect the authority of the city to enter into a development agreement.
C. Hearing. Notice of the public hearing shall be provided and the hearing conducted in compliance with Division VIII of this title (Administration). Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of showing the public benefit of adopting the proposed development agreement. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1135].
18.460.050 Planning commission action.
A. Purpose and Use. The planning commission may recommend a development agreement as a method of implementing any discretionary recommendation or approval of the planning commission, including but not limited to:
1. Zoning or rezoning;
2. Issuance of a minor use permit or use permit;
3. Approval of a major or minor subdivision;
4. Conditions of approval imposed on any discretionary permit;
5. Conditions imposed in connection with the adoption of any specific plan;
6. Conditions imposed on any planned unit development use permit;
7. Site-specific conditions imposed in any zoning district; and
8. Mitigation measures imposed upon a project in compliance with an environmental impact report (EIR) or mitigated negative declaration in which such mitigation measures have been adopted as a mechanism for eliminating or reducing environmental impacts.
B. Recommendation to City Council. After the planning commission has held a public hearing, it shall render its decision in the form of a written recommendation to the city council. The recommendation shall be based on whether the development agreement:
1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;
2. Substantially complies with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located; and
3. Will not be detrimental to the health, safety, and general welfare of the residents of the city. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1136].
18.460.060 City council action.
A. Acceptance or Disapproval of Recommendation. After the city council closes the public hearing, it may approve, modify, or disapprove the development agreement. Matters not previously considered by the planning commission during its hearing and any significant modifications may be referred back to the planning commission for a report and recommendation. The planning commission need not hold a public hearing on these referrals.
B. Findings. The city council shall not approve the development agreement, unless it finds that the agreement:
1. Is consistent with the general plan and any applicable specific plan;
2. Is in conformity with public convenience, general welfare, and good land use practices;
3. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;
4. Will not adversely affect the orderly development of property or the preservation of property values; and
5. Is consistent with the provisions of Government Code Sections 65864 through 65869.5.
C. Approval of Agreement. If the city council approves the development agreement, it shall adopt an ordinance approving the agreement. The development agreement shall not take effect until the effective date of the ordinance. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1137].
18.460.070 Amendment or cancellation.
The development agreement may be amended or canceled, in whole or in part, pursuant to Government Code Section 65868. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1138].
18.460.080 Recordation.
A. Within 10 days after the city council enters into the development agreement, the city clerk shall cause the agreement to be recorded with the office of the county recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city council terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the city clerk shall have notice of such action recorded with the office of the county recorder. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1139].
18.460.090 Periodic review.
A. Annual Review. The planning division shall review the development agreement every 12 months from the date the agreement is recorded. The planning division shall determine, based on substantial evidence, that the property owner has or has not complied in good faith with the terms and conditions of the agreement during the period under review.
B. Evidence of Noncompliance. If the planning division finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be held by the city council, at which time the property owner must demonstrate good faith compliance with the terms and conditions of the agreement. The burden of proof of compliance is on the property owner.
C. Council Determination. The city council shall determine, upon the basis of substantial evidence, whether or not the property owner has, for the time period under review, complied in good faith with the terms and conditions of the development agreement.
1. If the city council finds and determines, based on substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required.
2. If the city council finds and determines, based on 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 or extend the time or waive compliance upon a showing of good cause. The decision to terminate or modify the development agreement is final. As part of that final determination, the council may impose conditions as necessary to protect the interests of the city. The decision of the council shall be final and any court action or proceeding to attack, review, set aside, void, or annul any decision of the determination by the council shall be commenced within the time period specified in Government Code Section 65009. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1140].
18.460.100 Modification or termination.
Any development agreement may be amended or terminated, in whole or in part, by following the procedures as set forth in this chapter. Notice of intention to amend or terminate any portion of the agreement shall be given in the manner provided by Government Code Section 65867. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1141].
18.460.110 Enforcement.
Unless amended or canceled, pursuant to Government Code Section 65868, or modified or suspended, pursuant to Government Code Section 65869.5, and except as otherwise provided in Government Code Section 65865.3(b), a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation adopted by the city entering the agreement, which alters or amends the rules, regulations, or policies specified in Government Code Section 65866. [Ord. 20-4 (Exh. B); Ord. 12-4. DC 2012 § 122-1142].