Chapter 16.37
DEVELOPMENT AGREEMENTS
Sections:
16.37.050 Rules, Regulations And Official Policies
16.37.060 City Department Review
16.37.080 Planning Commission--Public Hearings
16.37.090 City Council--Public Hearing
16.37.100 Approval By Ordinance--Findings Of General Plan Consistency
16.37.110 Amendments Or Cancellation--Notices Of Intent
16.37.130 Compliance with State And Federal Laws
16.37.010 Generally:
This chapter is enacted pursuant to the authority contained in section 65865 et seq., of the Government Code of the state, and, in enacting this chapter, the council makes the same legislative findings which are made in the Government Code of the state. (Ord. 441 §1, 2003)
16.37.020 Filing:
All development agreements reached with the city shall be processed as provided in this chapter.
A. Any person desiring to enter into a development agreement with the city shall first submit to the secretary of the planning commission ten (10) copies of the proposed development agreement.
B. Not later than twenty (20) working days after the planning commission has received a development agreement, the planning director of the city shall determine in writing whether such agreement is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the agreement is determined not to be complete, the director’s determination shall specify those parts of the agreement which are incomplete and shall indicate the manner in which such application may be made complete. The director, planning commission and city council may in the course of processing and considering the agreement, require the applicant to clarify, amplify, correct, or otherwise supplement the information provided to the planning commission. (Ord. 441 §1, 2003)
16.37.030 Contents--Mandatory:
The proposed development agreement shall specify:
A. A sufficient legal description of the land to locate the property which is the subject of the proposed agreement;
B. Name, address and telephone number of the developer, the record owner, and the person or persons proposing the agreement;
C. The duration of the agreement;
D. The permitted uses of the property;
E. The density or intensity of the uses;
F. The maximum height and size of the proposed buildings; and
G. Shall make provisions for the reservation or dedication of land for public purposes. (Ord. 441, §1, 2003)
16.37.040 Contents--Optional:
Development agreements may include, at the discretion of the city, the following:
A. Conditions, terms, restrictions, and requirements for subsequent discretionary actions provided such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the landfor the uses and to the density or intensity of development as set forth in the agreement;
B. That construction shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time; and
C. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. (Ord. 441 §1, 2003)
16.37.050 Rules, Regulations And Official Policies:
Unless otherwise provided in the development agreement, the rules, regulations and official policies governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the project subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth therein, nor does a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, or policies. (Ord. 441 §1, 2003)
16.37.060 City Department Review:
Upon receipt of a filed copy of such development agreement, each city department shall review and examine the agreement to ascertain if the agreement proposed thereon conforms to the requirements coming within the scope of authority of that city department and, within fourteen (14) calendar days after receipt thereof, make a written report to the secretary of the planning commission. (Ord. 441 §1, 2003)
16.37.070 Review Committee:
The city manager, superintendent of public works, city building official, city engineer, and chief of police shall be deemed to be, and are empowered to act as, the development agreement review committee. The committee shall meet and shall formulate recommendations and requirements on the development agreement. The development agreement review committee shall report its recommendations in writing to the planning commission and city council and the applicant at least three (3) days prior to any hearing or action on the development agreement by the planning commission or city council. (Ord. 441 §1, 2003)
16.37.080 Plannina Commission--Public Hearings:
A. The planning commission shall hold a public hearing on the development agreement and, following the public hearing, make a finding as to whether the proposed development agreement is consistent with the general plan and shall take action by written resolution to recommend to the city council to approve, conditionally approve, or disapprove the development agreement.
B. Notice of the time and place of any public hearing on a development agreement shall be given as provided in sections 65090 and 65091 of the Government Code of the state, in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any. (Ord. 441 §1, 2003)
16.37.090 City Council--Public Hearing:
A. The city council, within thirty (30) calendar days following receipt of the planning commission’s report on a development agreement, shall fix the meeting date at which it will hold a public hearing on the development agreement. The public hearing shall be held, and a decision of the council to approve, conditionally approve, or disapprove the development agreement shall be made within a reasonable period of time of receipt of the report of the planning commission.
B. Notice of the time and place of any public hearing on a development agreement shall be given as provided in sections 65090 and 65091 of the Government Code of the state, in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any. (Ord. 441 §1, 2003)
16.37.100 Approval By Ordinance--Findings Of General Plan Consistencv:
If the city council approves the development agreement, the council must approve the agreement by ordinance. In order to approve the agreement, the council must further find that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (Ord. 441 §1, 2003)
16.37.110 Amendments Or Cancellation--Notices Of Intent:
The development agreement may be amended, or canceled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. A notice of intention to adopt major amendments or to cancel any portion of the agreement shall be given in the manner set forth in subsection 16.37.090B of this chapter. Any major amendment to an agreement shall be approved by ordinance, subject to referendum, following findings of consistency with the general plan and applicable specific plan, if any, as set forth in section 16.37.100 of this chapter. (Ord. 441 §1, 2003)
16.37.120 Recordinq--Effect:
The city’s representative shall not sign a development agreement and bind the city thereby until the ordinance adopting the agreement has become effective. No later than ten (10) calendar days after the city enters into a development agreement, the city clerk shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto. (Ord. 441 §1, 2003)
16.37.130 Compliance with State And Federal Laws:
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, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. (Ord. 441 §1, 2003)
16.37.140 Periodic Reviews:
Any development agreement enacted pursuant to this chapter shall contain a provision that periodic reviews of the agreement occur at least every twelve (12) months after its execution. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the city administrator finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the city may terminate or modify the agreement. The applicant may appeal any adverse decision of the city administrator to the city council by written notice presented to the city clerk within ten (10) calendar days after the issuance of the administrator’s decision. The decision of the council shall be final. (Ord. 441 §1, 2003)
16.37.150 Enforcement:
Unless amended or canceled pursuant to this chapter, a development agreement shall be enforceable by any party thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation adopted by the city which is in conflict with the terms of the development agreement. (Ord. 441 §1, 2003)