Chapter 17.92
DEVELOPMENT AGREEMENTS
Sections:
17.92.030 General plan consistency.
17.92.050 Review and approval.
17.92.080 Initiation of amendment or cancellation.
17.92.090 Recordation of agreement.
17.92.100 Review of agreement.
17.92.010 Purpose and intent.
A. The purpose of this chapter is to ensure persons developing property in the city that upon approval of a development project, the persons may proceed with the project in compliance with existing policies, rules and regulations, and conditions that were applicable at the time of the project approval.
B. The intent is to allow larger scale and longer term development projects that provide benefits to the city to have some guarantees and commitments from the city; provided, that the development provides commitments and guarantees to the city in return. (Ord. 24-01 §2(Exh. A-1)).
17.92.020 Authority.
Government Code Section 65865 provides that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. (Ord. 24-01 §2(Exh. A-1)).
17.92.030 General plan consistency.
The development agreement shall be consistent with the general plan, zoning code, and any applicable specific plan. (Ord. 24-01 §2(Exh. A-1)).
17.92.040 Application.
A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following:
A. Name and address of the agent, if applicable, and proof of authority of the agent to act for the property owner;
B. Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;
C. Assessor’s parcel number;
D. Legal description;
E. A narrative description of the proposed development as follows:
1. Project description,
2. Provisions for reservation or dedication of land for public purposes,
3. Method of project financing,
4. Construction phasing,
5. Conditions, restrictions, or terms that will be attached to the development agreement. (Ord. 24-01 §2(Exh. A-1)).
17.92.050 Review and approval.
Approval of a development agreement shall require the approval of the commission and council. Where a discretionary permit or zoning map amendment is required for the project in which the development agreement is to apply, the application may be considered part of that permit or zoning map amendment request and reviewed and approved in conjunction with that permit or zoning map amendment. A public hearing as specified in Chapter 17.116 (Public Notices and Hearings) shall be held when a development agreement is considered by the commission or the council. (Ord. 24-01 §2(Exh. A-1)).
17.92.060 Commission hearing.
The commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the commission shall make its recommendation in writing to the council. The recommendation shall include the commission’s determination whether the development agreement proposed:
A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;
C. Conforms with public convenience, general welfare, and good land use practice;
D. Will not be detrimental to public health, safety, and general welfare. Will not adversely affect the orderly development of property;
E. Will provide sufficient benefit to the city to justify agreeing. (Ord. 24-01 §2(Exh. A-1)).
17.92.070 Council hearing.
A. The council shall hold a public hearing on the proposed development agreement. It may accept, modify, or disapprove the recommendation of the commission. The council shall not approve the development agreement unless it adopts the findings contained in Section 17.92.060 (Commission hearing) to support its action.
B. If the council approves the development agreement, it shall do so by the adoption of an ordinance in compliance with Government Code Section 65867.5. (Ord. 24-01 §2(Exh. A-1)).
17.92.080 Initiation of amendment or cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5. (Ord. 24-01 §2(Exh. A-1)).
17.92.090 Recordation of agreement.
A. Within ten days after the city enters into the development agreement, the director shall have the agreement recorded with the county recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for the failure of the applicant to comply in good faith with the terms or conditions of the agreement the director shall have notice of the action recorded with the county recorder. (Ord. 24-01 §2(Exh. A-1)).
17.92.100 Review of agreement.
The director shall review the development agreement at least once every twelve months from the date the agreement is entered into. The director shall report the findings of their review to the commission and council. The time for review may be modified by agreement between the parties. (Ord. 24-01 §2(Exh. A-1)).