Chapter 23.39 — DEVELOPMENT AGREEMENTS

This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as authorized in Cal. Gov’t Code §§ 65864–65869.5.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) The city incorporates by reference the provisions of Cal. Gov’t Code §§ 65864–65869.5. In the event of any conflict between those statutory provisions and this chapter, the statutes shall control.

(B) A development agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Applications for development agreements shall be filed with the Community Development Department in accordance with the provisions set forth in § 23.31.020. In addition to any other application requirements, the application for a development agreement shall include data or other evidence in support of the applicable findings required by § 23.39.050.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Planning Commission.

(1) Notice. Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in § 23.31.050. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

(2) Hearing. The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of § 23.31.060.

(3) Recommendation to Council. Following the public hearing, the Planning Commission shall make a written recommendation on the proposed development agreement. The Director shall transmit the Planning Commission's written recommendation and complete record of the application to the City Council.

(B) City Council.

(1) Notice. Public notice of hearings by the City Council for a development agreement shall be given as specified in § 23.31.050. Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the development agreement.

(2) Hearing. After receiving the report from the Planning Commission but no later than the time specified by Cal. Gov’t Code § 65943, the City Council shall hold a public hearing in conformance with the provisions of § 23.31.060.

(3) Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or deny the development agreement. Approval of a development agreement shall be by ordinance. The ordinance shall

refer to and incorporate by reference the text of the development agreement. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The City Council must make the finding that a proposed development agreement and its provisions are consistent with the General Plan and any applicable specific plan to approve a development agreement. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)