Part 17 — DEVELOPMENT AGREEMENT

Development agreements are authorized by Cal. Gov’t Code § 65864 as a means of providing both the city and property owners with assurances that development projects can be completed under the terms, conditions and regulations in effect at the time that authority is granted to proceed with a project. (Ord. 1346, passed 5-2-12)

In accordance with Cal. Gov’t Code § 65865, any person having a legal or equitable interest in real property for the development of such property, or any authorized agent thereof, may apply to the city for a development agreement. (Ord. 1346, passed 5-2-12)

• (A) All draft and final development agreements shall, at a minimum, contain the following information:

• (1) The duration of the agreement;

• (2) The permitted uses of the property;

• (3) The density and intensity of permitted use;

• (4) The maximum height and size of proposed buildings; and

• (5) Provisions for reservation or dedication of lands for public purposes.

• (B) The development agreement may also contain the following information:

• (1) Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided such

conditions, terms, provisions and requirements do not prevent development of land for the purposes and level of use set forth in the agreement; and

(2) Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

(Ord. 1346, passed 5-2-12)

(A) The Planning Commission shall make a recommendation to the City Council on a development agreement application for approval, approval with modifications or denial of the application. The recommendation shall be in the form of a resolution.

(B) Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council.

(C) At the hearing, the City Council shall review the Planning Commission’s recommendation and receive evidence as to how or why the proposed development agreement is consistent with the objectives of this chapter, the General Plan, and development policies of the city.

(D) The City Council shall act to approve or deny the development agreement. A majority vote of the entire City Council is required to approve the development agreement.

(E) Development agreements shall be adopted by ordinance of the City Council, which constitutes final action and approval of the agreement. After the effective date of the ordinance approving the development agreement and recording of the agreement pursuant § 153.210.870, the city may enter into the agreement. (Ord. 1346, passed 5-2-12)

In acting to grant a development agreement, the City Council shall make the following findings about the proposed development agreement:

(A) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement;

(B) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(C) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and

(D) The development agreement is consistent with the provisions of Cal. Gov’t Code §§ 65864 through 65869.5. (Ord. 1346, passed 5-2-12)

Within ten days after the effective date of a development agreement, the City Clerk shall have the development agreement recorded with the Los Angeles County Recorder. Additionally, the City Clerk shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments and/or cancellations to the agreement.

(Ord. 1346, passed 5-2-12)

Either the city or other parties to a development agreement may propose an amendment to or cancellation in whole or in part of an agreement previously entered into. The procedure to amend a development agreement is the same as the original adoption. However, for instances in which the city initiates the proposed amendment or cancellation, the city shall give notice to the parties to the agreement of the city’s intention to initiate such proceedings.

The city shall review the development agreement at least once every 12 months from the date the agreement is entered into. The City Planner shall initiate review proceedings and notice the property owner at least ten days prior to determination by the City Planner. The City Planner shall determine on the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. If so, the review shall be concluded. However, if the city finds 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 Council may hold a public hearing to modify or terminate the agreement.

(Ord. 1346, passed 5-2-12)