Chapter 18.245
DEVELOPMENT AGREEMENTS
Sections:
18.245.010 Citation and authority.
18.245.030 Application and accompanying material.
18.245.040 Notice and hearing by planning commission.
18.245.050 Action and findings by planning commission.
18.245.060 Notice and hearing by city council.
18.245.070 Action and findings by city council.
18.245.080 Recordation of development agreement.
18.245.090 Amendment or cancellation.
18.245.100 Periodic review of development agreement.
18.245.110 Modification or termination for noncompliance.
18.245.120 Modification or suspension if compliance precluded.
18.245.010 Citation and authority.
This chapter is enacted pursuant to Cal. Gov’t Code § 65864 et seq. This chapter is adopted to supplement existing provisions of the Fremont Municipal Code and may be cited as the development agreement ordinance of the city of Fremont. (Ord. 9-2014 § 34, 3-4-14.)
18.245.020 Purpose.
The purpose of this chapter is to strengthen the public planning process, encourage comprehensive planning, obtain private participation in meeting community needs, and reduce uncertainty in the approval of development by providing a process for the city and developers to enter into development agreements. Development agreements are intended to be used for projects such as large multiphase developments, developments providing public facilities that may require several years to complete, and developments providing substantial public benefits, such as low income housing developments. (Ord. 9-2014 § 34, 3-4-14.)
18.245.030 Application and accompanying material.
(a) An application for a development agreement shall be submitted on a form prescribed for that purpose by the city. The application shall include all required fees and/or deposits and all information and materials required by the city, including evidence to support the findings required to approve the development agreement.
(b) Applications for a development agreement may only be filed by a person having a legal or equitable interest in the real property that is the subject of the development agreement. An applicant shall submit written proof of its interest in the real property and the authority of any agent to act for the applicant.
(c) Each application shall be accompanied by the development agreement proposed by the applicant and containing all provisions required by state law. (Ord. 9-2014 § 34, 3-4-14.)
18.245.040 Notice and hearing by planning commission.
The planning commission shall conduct a public hearing on the proposed development agreement. At least 10 days prior to the public hearing, notice shall be given of the proposed development agreement as set forth in Chapter 18.320. (Ord. 9-2014 § 34, 3-4-14.)
18.245.050 Action and findings by planning commission.
The planning commission may recommend approval or approval with modifications if it can make the following findings:
(a) The development agreement is consistent with the general plan, any applicable community or specific plan, and the zoning ordinance; and
(b) The development agreement will advance the public health, safety, and welfare.
If the findings cannot be made, the application shall be denied. A planning commission denial shall be final on the date following the expiration of the appeal period unless an appeal to the city council is timely filed by the applicant pursuant to Chapter 18.300. (Ord. 9-2014 § 34, 3-4-14.)
18.245.060 Notice and hearing by city council.
Upon receipt of the planning commission’s recommendation, the city clerk shall schedule the matter for a public hearing by the city council. The city council shall conduct a public hearing on the proposed development agreement. At least 10 days prior to the public hearing, notice shall be given of the proposed development agreement as set forth in Chapter 18.320. (Ord. 9-2014 § 34, 3-4-14.)
18.245.070 Action and findings by city council.
(a) The city council may accept or modify the recommendation of the planning commission if it can make the findings required in Section 18.245.050. A development agreement that includes a subdivision, as defined by Cal. Gov’t Code § 66473.7, may not be approved unless the agreement provides that any tentative map will comply with the provisions of Cal. Gov’t Code § 66473.7. If the findings cannot be made, the application shall be denied.
(b) If the city council approves a development agreement, it shall do so by the adoption of an ordinance. The agreement takes effect upon the effective date of the ordinance.
(c) The applicant shall sign the development agreement prior to adoption of the ordinance approving the development agreement. Upon the effective date of the ordinance, the city may enter into the development agreement by signature of the city manager. (Ord. 9-2014 § 34, 3-4-14.)
18.245.080 Recordation of development agreement.
(a) Within 10 days after the city enters into the development agreement, the city clerk shall record the agreement with the county recorder.
(b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 18.245.090 or if the city modifies or terminates the agreement pursuant to Section 18.245.110 or 18.245.120, the city clerk shall record such action with the county recorder. (Ord. 9-2014 § 34, 3-4-14.)
18.245.090 Amendment or cancellation.
(a) A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the development agreement or their successors in interest. Either party may propose an amendment to or cancellation in whole or in part of a previously executed development agreement.
(b) The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into a development agreement.
(c) Amendment of a development agreement is a legislative act and must be approved by ordinance. (Ord. 9-2014 § 34, 3-4-14.)
18.245.100 Periodic review of development agreement.
(a) The city shall review the development agreement every 12 months from the date the agreement is entered into. It is the property owner’s responsibility to submit an application in a timely fashion for the annual review, accompanied by all required fees and/or deposits, and including information demonstrating good faith compliance with the terms of the agreement.
(b) The planning commission shall conduct a public hearing at which the property owner shall bear the burden to demonstrate good faith compliance with the terms of the development agreement. Notice shall be given at least 10 days prior to the hearing as set forth in Chapter 18.320.
(c) The planning commission shall determine upon the basis of substantial evidence whether or not the property owner has complied in good faith with the terms and conditions of the agreement.
(d) If the planning commission finds on the basis of substantial evidence that the property owner has complied in good faith with the terms of the agreement, the review for that period is concluded.
(e) If the planning commission finds on the basis of substantial evidence that the property owner has not complied in good faith with the terms of the agreement, the planning commission shall forward its findings in writing to the city council and the city council shall consider whether to modify or terminate the agreement as provided in Section 18.245.120. (Ord. 9-2014 § 34, 3-4-14.)
18.245.110 Modification or termination for noncompliance.
(a) Upon receipt of the planning commission’s finding that the property owner has not complied in good faith with the terms of the agreement, the city clerk shall schedule the matter for a public hearing by the city council. At least 10 days prior to the public hearing, notice shall be given as set forth in Chapter 18.320.
(b) The city council shall determine upon the basis of substantial evidence whether or not the property owner has complied in good faith with the terms and conditions of the agreement.
(c) If the city council finds on the basis of substantial evidence that the property owner has complied in good faith with the terms of the agreement, the review for that period is concluded.
(d) If the city council finds on the basis of substantial evidence that the property owner has not complied in good faith with the terms of the agreement, the city council may terminate or modify the agreement. (Ord. 9-2014 § 34, 3-4-14.)
18.245.120 Modification or suspension if compliance precluded.
(a) In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, the agreement shall be modified or suspended as may be deemed necessary by the city council to comply with such state or federal laws or regulations.
(b) Upon receipt by the city council of information regarding state or federal laws or regulations precluding compliance with the terms of the development agreement, the city clerk shall schedule the matter for a public hearing by the city council. At least 10 days prior to the public hearing, notice shall be given as set forth in Chapter 18.320.
(c) The city council shall direct that the development agreement be modified or suspended to the extent necessary to comply with such state or federal laws or regulations. (Ord. 9-2014 § 34, 3-4-14.)