Chapter 19.12
DEVELOPMENT AGREEMENTS
Sections:
19.12.005 Authority for adoption.
19.12.010 Forms and information.
19.12.020 Notice of public hearing.
19.12.030 Qualification as an applicant.
19.12.040 Proposed form of agreement.
19.12.050 Review of application.
19.12.060 Transmittal to Planning Commission.
19.12.070 Planning Commission report.
19.12.080 Decision by City Council.
19.12.090 Approval of development agreement.
19.12.110 Irregularity in proceedings.
19.12.120 Amendment and cancellation of agreement by mutual consent.
19.12.150 Procedure for periodic review.
19.12.160 Modification or termination.
19.12.005 Authority for adoption.
This chapter is adopted under the authority of Government Code Sections 65864 through 65869.5. [Ord. 996 § 1, 1995].
19.12.010 Forms and information.
A. The Director of Community Development shall prescribe the form for each application, notice and document provided for or required under this chapter for the preparation and implementation of a development agreement.
B. The Director of Community Development may require an applicant to submit such information and supporting data as the Director considers necessary to process the application. [Ord. 996 § 1, 1995].
19.12.020 Notice of public hearing.
Notice of public hearing for an agreement proposed pursuant to this chapter shall be accomplished as follows:
A. Published pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation at least 10 days prior to the hearing.
B. Mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those services and facilities may be significantly affected.
C. Mailed or delivered at least 10 days prior to the hearing to all owners of the real property as shown on the last equalized assessment role within 300 feet of the real property which is subject to the hearing. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, notice may be provided by placing a display advertisement of at least one-eighth page, in at least one newspaper of general circulation, at least 10 days prior to the hearing.
D. Said notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter being considered and a general description of the location of the real property subject to the hearing. [Ord. 996 § 1, 1995].
19.12.030 Qualification as an applicant.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person or entity who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. [Ord. 996 § 1, 1995].
19.12.040 Proposed form of agreement.
Each application shall be accompanied by the form of development agreement proposed by the applicant. The City Council may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law. [Ord. 996 § 1, 1995].
19.12.050 Review of application.
A. The Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the application is found to be complete, it shall be accepted for filing.
B. The Director shall review the application and proposed agreement and shall prepare a report and recommendation to the Planning Commission on the agreement.
C. The Director shall forward a copy of the agreement to the City Attorney for review. The City Attorney shall prepare a report and recommendation to the Planning Commission on the agreement. [Ord. 996 § 1, 1995].
19.12.060 Transmittal to Planning Commission.
The Director shall transmit the application to the Planning Commission for a public hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in this chapter. The application for a development agreement may be considered concurrently with other discretionary permits for the project. [Ord. 996 § 1, 1995].
19.12.070 Planning Commission report.
After a public hearing, the Planning Commission shall consider the application and prepare a report and recommendation for the City Council. The report and recommendation shall include findings on the matters stated in LEMC 19.12.080(B). This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the City Council. [Ord. 996 § 1, 1995].
19.12.080 Decision by City Council.
A. After the City Council completes the public hearing, it may approve, modify or disapprove the development agreement. It may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission need not hold a public hearing on matters referred back to it by the City Council.
B. The City Council shall not approve the development agreement unless it finds that the agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
3. Is in conformity with public convenience, general welfare and good land use practices;
4. Will not be detrimental to the health, safety and general welfare;
5. Will not adversely affect the orderly development of property or the preservation of property values;
6. Is consistent with the provisions of Government Code Sections 65864 through 65869.5. [Ord. 996 § 1, 1995].
19.12.090 Approval of development agreement.
If the City Council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the Mayor to execute the agreement after the effective date of the ordinance codified in this chapter on behalf of the City. [Ord. 996 § 1, 1995].
19.12.100 Required notice.
A. Notice of public hearing required by this chapter shall be given as provided in LEMC 19.12.020.
B. The notice requirements referred to in subsection (A) of this section are declaratory of existing law (Government Code Sections 65854, 65854.5, 65856, and 65867). If State law prescribes a different notice requirement, notice shall be given in that manner.
C. The failure of any person to receive notice required by law or these regulations does not affect the authority of the City to enter into a development agreement. [Ord. 996 § 1, 1995].
19.12.110 Irregularity in proceedings.
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. [Ord. 996 § 1, 1995].
19.12.120 Amendment and cancellation of agreement by mutual consent.
A. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The amendment or cancellation permitted by this section must be by mutual consent of the parties.
B. The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 30 days in advance of the giving of public notice of the hearing to consider the amendment or cancellation. [Ord. 996 § 1, 1995].
19.12.130 Recordation.
A. Within 10 days after the City enters into the development agreement, the City Clerk 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 as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder. [Ord. 996 § 1, 1995].
19.12.140 Periodic review.
A. The City Manager shall review development agreements annually at which time the property owner shall be required to demonstrate good faith compliance with the terms of the agreement.
B. The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:
1. Recommendation of the City Manager.
2. Resolution of intention by the Planning Commission.
3. Resolution of intention by the City Council. [Ord. 1393 § 1, 2018; Ord. 996 § 1, 1995].
19.12.150 Procedure for periodic review.
A. The City Manager shall conduct the periodic review. Not less than 30 days prior to the date of the periodic review, the City Manager shall provide written notice to the property owner that he intends to undertake review of the development agreement and requesting the property owner to submit documentation demonstrating good faith compliance with the terms of the agreement. The burden of proof showing good faith compliance is on the property owner. Refusal to provide the required information shall be deemed prima facie evidence of violation of such agreement.
B. If the City Manager finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the City Manager shall let the agreement stand and review it again in the time prescribed in LEMC 19.12.140.
C. If the City Manager finds and determines on the basis of 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 Manager shall refer the matter to the City Council. The City Council shall then conduct a noticed public hearing on the matter consistent with the requirements of LEMC 19.12.020. If the City Council determines that the property owner has complied in good faith with the terms and conditions of the agreement, it shall let the agreement stand. If the City Council determines that the property owner has not complied in good faith with the terms and conditions of the agreement, the City Council may initiate proceedings to modify or terminate the agreement or take other action as it deems appropriate. [Ord. 1393 § 2, 2018; Ord. 996 § 1, 1995].
19.12.160 Modification or termination.
A. If, upon a finding under LEMC 19.12.150(C), the City Council determines to modify the agreement, the City Council shall refer the matter to the City Manager and City Attorney to prepare the necessary amendment(s).
B. Procedures for modification of a development agreement shall be the same as provided in this chapter for initiation and consideration of such agreement, including transmittal to the Planning Commission pursuant to LEMC 19.12.060. The Planning Commission shall give notice to the property owner of the intention to modify the agreement. The notice shall be provided consistent with LEMC 19.12.020 and shall state:
1. The time and place of the Planning Commission hearing;
2. Any other information which the Planning Commission considers necessary to inform the property owner of the nature of the proceedings.
C. After the conclusion of the Planning Commission proceedings, the matter shall then be referred to the City Council. The City Council shall give notice to the property owner of its intention to modify the agreement. The notice shall be provided consistent with LEMC 19.12.020 and shall state:
1. The time and place of the City Council hearing;
2. Any other information which the Council considers necessary to inform the property owner of the nature of the proceedings.
D. If, upon a finding under LEMC 19.12.150(C), the City Council determines to terminate the agreement, the City Council shall give notice to the property owner of its intention to do so consistent with the terms of the agreement.
E. At the time and place set for any hearing in this section, the property owner shall be given an opportunity to be heard. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. Any decision of the City Council under this section is final. [Ord. 1393 § 3, 2018; Ord. 996 § 1, 1995].
19.12.170 Fees.
The City Council hereby finds and determines that the benefits and privileges accruing to the property owner in entering into a development agreement pursuant to this chapter result in a substantial economic benefit to said property owner. Furthermore, in consideration for said agreement and as an inducement to the public to enter into such an agreement, the property owner shall be obligated to pay a fee in an amount to be mutually negotiated between the applicant and the City prior to adoption of the development agreement by the City Council, which funds shall be utilized for public purposes and facilities to the benefit of the public and the residents of the City as a whole. [Ord. 966 § 1, 1995].