Chapter 17.20
DEVELOPMENT AGREEMENTS

Sections:

17.20.010    Purpose and authority.

17.20.020    Application for development agreement.

17.20.030    Review of and decision on proposed development agreement.

17.20.040    Conformance with existing and subsequently adopted regulations.

17.20.050    Periodic review of development agreements.

17.20.060    Amendment of development agreements.

17.20.070    Termination of development agreements.

17.20.080    Recordation of development agreement, amendment and termination.

17.20.010 Purpose and authority.

A.    This chapter establishes procedures and requirements for approving, amending and terminating development agreements as provided in state law.

B.    This chapter incorporates by reference the provisions of California Government Code Section 65864 et seq. and any successor statute(s). In the event of any conflict between the applicable statutory provisions and this chapter, the statutory provisions shall control. (Ord. 1097 § 2, 2010.)

17.20.020 Application for development agreement.

A.    Qualified Applicants.

1.    A qualified applicant is a person, including an authorized agent, who has a legal or equitable interest in the real property that is the subject of the development agreement. An applicant may be required to submit proof of interest in the real property and of the authority of an agent to act for the applicant.

2.    In all instances, the owner(s) of fee title of the real property shall join in the application for the development agreement.

B.    Contents. A development agreement shall include all of the provisions required by state law and may include other terms and conditions.

C.    Processing Cost Reimbursement. The applicant shall reimburse the City for all costs associated with the processing of a development agreement application. (Ord. 1097 § 2, 2010.)

17.20.030 Review of and decision on proposed development agreement.

A.    Negotiations. The City Manager or designee shall negotiate the specific components and provisions of the development agreement on behalf of the City.

B.    Environmental Review. The approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act and the City’s adopted environmental review procedures.

C.    Required Findings. The following findings shall be made in approving a development agreement:

1.    The development agreement is consistent with the Healdsburg general plan, any applicable specific plan and the zoning ordinance. This finding may be satisfied by a determination that the development agreement is consistent through provisions that are to be adopted concurrently with approval of the development agreement.

2.    The development agreement will provide Healdsburg with tangible benefits beyond those that may be required by the City through project conditions of approval.

3.    Any environmental impacts related to the development agreement have been reviewed and considered in accordance with the provisions of the California Environmental Quality Act.

D.    Planning Commission Review.

1.    The planning commission shall hold a noticed public hearing on the proposed development agreement. Notice shall be given in accordance with Government Code Sections 65090 and 65091.

2.    The planning commission shall recommend in writing to the City Council approval, disapproval or approval in a revised form the proposed development agreement.

3.    In making its recommendation, the planning commission shall consider the recommendations of the City Manager or the City Manager’s designee and the planning and building director, and shall demonstrate its consideration of the findings required by subsection (C) of this section.

E.    City Council Review and Action.

1.    The City Council shall hold a noticed public hearing on the proposed development agreement. Notice shall be given in accordance with Government Code Sections 65090 and 65091.

2.    The City Council may approve, disapprove or approve in a revised form the proposed development agreement, taking into consideration the recommendations of the City Manager or the City Manager’s designee, the planning and building director and the planning commission. The City Council may, but need not, refer matters not previously considered by the commission to the commission for a recommendation.

3.    The City Council shall make the findings required by subsection (C) of this section in approving a development agreement in its original or amended form.

4.    The City Council shall approve a development agreement in its original or revised form by adoption of an ordinance. (Ord. 1097 § 2, 2010.)

17.20.040 Conformance with existing and subsequently adopted regulations.

A.    Local Regulations.

1.    Unless otherwise provided by the development agreement, the rules, regulations and policies adopted by the City that govern permitted uses of land, density, design, improvements and construction that are applicable to development of the subject property shall be those in force at the time the development agreement is executed.

2.    A development agreement shall not prevent the City in subsequent actions applicable to the property from applying new rules, regulations and policies subsequently adopted by the City that do not conflict with those applicable to the subject property as set forth in the development agreement.

3.    Unless otherwise provided by the development agreement, a project subject to a development agreement shall obtain necessary discretionary entitlements from the City.

B.    State and Federal Regulations. If state or federal laws or regulations enacted after approval of a development agreement prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement shall be modified or suspended as may be necessary to comply with such laws or regulations. (Ord. 1097 § 2, 2010.)

17.20.050 Periodic review of development agreements.

A.    The planning and building director shall review an adopted development agreement at least every 12 months following its adoption, or at shorter intervals if provided in the agreement. Upon request by the director, the parties to the agreement, their successors in interest or an authorized agent shall demonstrate good faith compliance with the terms of the agreement and shall reimburse the City for all costs associated with the review of the development agreement or as otherwise stipulated in the development agreement. The director shall submit a report summarizing the review for consideration by the City Council.

B.    If the director determines that the property owner has complied in good faith with the terms and conditions of the development agreement during the period under review, the City Council may accept the director’s report, based on evidence in the record of proceedings, and the review of that period shall be concluded.

C.    If after a public hearing the City Council finds on the basis of substantial evidence that the property owner has not complied in good faith with the conditions of the development agreement, the City Council may take one of the following actions:

1.    Set forth terms of compliance necessary to protect the interests of the City and specify a reasonable time for the property owner to meet the terms of compliance.

2.    Initiate an amendment to the agreement pursuant to HMC 17.20.060.

3.    Terminate the agreement pursuant to HMC 17.20.070. (Ord. 1097 § 2, 2010.)

17.20.060 Amendment of development agreements.

A.    A development agreement may be amended by mutual agreement of all parties to the agreement or their successors in interest.

B.    Where the City intends to initiate an amendment, it shall give notice by registered mail to all parties to the agreement or their successors in interest of the City’s intention 30 days prior to initiating such proceedings.

C.    The amendment shall be processed in the same manner provided in HMC 17.20.030 for the adoption of a development agreement.

D.    A development agreement may specify procedures for approval of insubstantial amendments by written agreement executed by the developer and the City Manager or the City Manager’s designee. (Ord. 1097 § 2, 2010.)

17.20.070 Termination of development agreements.

A.    A development agreement may be terminated by mutual agreement of all parties to the agreement or their successors in interest or may be terminated by the City Council following a finding of noncompliance, as provided in HMC 17.20.050(C) following the expiration of any prescribed time limits.

B.    In the event that a development agreement is terminated, all rights of the applicant, property owner and successors in interest to the agreement shall terminate. However, any termination of the agreement shall not prevent the developer from constructing or completing a building or other improvements authorized by validly issued permits, approvals or entitlements.

C.    If a development agreement is terminated following a finding of noncompliance as provided in HMC 17.20.050(C), the City may, at its sole discretion, determine to return any and all benefits, including reservations or dedications of land and payment of fees received by the City. (Ord. 1097 § 2, 2010.)

17.20.080 Recordation of development agreement, amendment and termination.

A.    After the City enters into a development agreement, the City Clerk shall submit the agreement or a memorandum of the agreement to the county recorder for recording within 10 days.

B.    If a development agreement is amended or terminated, the City Clerk shall submit for recording the notice of such action with the County Recorder within 10 days. (Ord. 1097 § 2, 2010.)