§ 15.52

Lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of projects and discourage investment in and commitment to comprehensive planning necessary to the positive growth of this city.

Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, while subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

The State Legislature has enabled cities and counties to enter into development agreements to provide these assurances under certain limited circumstances. This chapter is enacted pursuant to California Government Code Section 65865.

(Code 1965, § 22A-1.)

A.

Application. The process for the consideration of a development agreement shall be initiated upon the filing of an application by or on behalf of the property owner or other person having a legal or equitable interest in real property located within the municipal boundaries of the city, or real property to be annexed to the city. Application forms shall be provided by the planning department. The application for consideration of a proposed development agreement shall be accompanied by a copy of the proposed development agreement containing all of the provisions required by law, and the applicant shall provide such other information with respect to the proposed project as may be required by the city.

B.

Fees. The city council shall establish by minute order or resolution a reasonable fee for processing an application for consideration of a development agreement, to be paid by the applicant at the time of filing the development agreement application.

(Code 1965, § 22A-2.)

A development agreement shall set forth its term, and shall specify the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for

reservation or dedication of land for public purposes, if any reservation or dedication is required. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary action shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The development agreement may contain such other provisions as may be considered necessary or proper by the city council to further legitimate city interest or to protect the public health, safety and welfare so long as such terms are not inconsistent with the provisions of state law relating to development agreements, nor inconsistent with other city ordinances, policies, plans or resolutions.

(Code 1965, § 22A-3.)

Public hearings on an application for a development agreement shall be held by the planning commission and then by the city council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Sections 65854, 65854.5 and 65856 of the California Government Code in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement.

(Code 1965, § 22A-4.)

The development agreement, the ordinances, rules, plans and policies of the city which govern permitted uses of land, the density of development, and the design, improvement and construction standards and specifications applicable to development of the property subject to the development agreement shall be those ordinances, rules, plans and policies in force at the time of execution of the agreement.

A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Code 1965, § 22A-5.)

Development agreements should only be used after careful consideration, because they limit the authority of future city councils to react to changed conditions.

A development agreement may be amended or cancelled by mutual consent of the parties 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 of the Government Code. An amendment to a development agreement shall be subject to the provisions of Section 65867.5. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance

with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Code 1965, § 22A-6.)

A.

Each development agreement adopted by the city shall be subjected to a periodic review at least once every twelve months. At the time of such periodic review, the applicant, or the successor in interest thereto, shall be required to submit in writing documentation that demonstrates good faith compliance with the terms of the agreement. Such periodic review shall be conducted at a public hearing before the planning commission of the city. Within thirty days, following the date of such public hearing, or any continuation thereof, the planning commission's recommendation shall be forwarded to the city council for action to be taken with respect to such development agreement.

B.

The city council shall receive and consider the recommendation of the planning commission. If, as a result of such periodic review, the city council finds and determines on the basis of substantial evidence, that the applicant or successor in interest hereto has not complied in good faith with the terms or conditions of the agreement, the city may terminate or modify the agreement, or set such additional terms as the city council may deem appropriate.

C.

Each development agreement executed after the effective date of the ordinance codified in this section shall contain a requirement that the applicant or its successor shall annually submit a document which demonstrates good faith compliance with the terms of the agreement to the planning director. The date of such submittal shall be specified in the development agreement.

D.

The requirement for an annual submittal of a document which demonstrates good faith compliance with the terms of the development agreement shall also apply to any development agreement executed before the date of adoption of the ordinance codified in this section. After said date, the city's planning director shall provide written notice to the applicant whose name appears in said development agreement, or their successor, notifying them of the requirement for submittal of said documentation. The applicant shall be required to provide the document which demonstrates the good faith compliance with the terms of the agreement within ninety days following receipt of the notice. The planning director shall schedule a public hearing before the planning commission for review of the documentation. The hearing shall occur within ninety days following date of receipt of the applicant's documents.

E.

In the event any applicant fails to timely submit the required documentation as required by this section, the city council may take action to terminate or modify the development agreement.

(Code 1965, § 22A-7.)

Within ten days after the effective date of a development agreement or any modification or cancellation thereof, the city clerk shall record the agreement or any modification or cancellation thereof in the office of the county recorder.

(Code 1965, § 22A-8.)

15.52.090 - Grant of development incentive.

A.

A developer shall be entitled to a development incentive as described hereinafter, if the developer enters into either a development agreement pursuant to California Government Code Section 65865 et. seq. or another recorded contractual agreement satisfactory to the city with respect to the housing development in which the developer covenants to do all of the following:

1.

To construct the housing development with at least one of the following:

a.

At least twenty-four percent of the total units of the housing development reserved for lower income households, or

b.

At least fourteen percent of the total units of the housing development reserved for very low income household, or

c.

At least fifty percent of the total housing units of the housing development reserved for qualifying residents.

2.

The agreement shall ensure continued affordability of all housing units reserved for lower income households or very low income households for the time period established in subsection (A)(3) of this section. Affordability shall be determined as follows:

a.

Units targeted for lower income households shall be affordable at a rent, or monthly mortgage payment including principal and interest, that does not exceed thirty percent of sixty percent of the area median income as determined pursuant to Section 50079.5 of the California Health and Safety Code.

b.

Units targeted for very low income households shall be affordable at a rent, or monthly mortgage payment include principal and interest, that does not exceed thirty percent of fifty percent of the area median income, as determined pursuant to Section 50105 of the California Health and Safety Code.

3.

The time period for continued affordability of housing constructed pursuant to this section shall be a minimum period of fifteen years. Said time period shall otherwise be at a minimum equivalent to the term required by any construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program for the housing development.

4.

For the purposes of this section, the normal city fees for a development agreement application may be reimbursed as a concession by the city to further encourage the development of affordable housing hereunder.

B.

Preliminary Proposal.

1.

A developer shall submit a written preliminary proposal for development as an application for incentives under this section. The preliminary proposal shall be submitted in writing and provide the following information:

a.

A cost certification proforma substantiating that the direct cost of land, construction and financing of the affordable housing units, excluding marketing cost and profit, exceed the selling prices allowed for the affordable housing units built pursuant to this section.

b.

Contents of a development agreement as set forth in Section 15.52.030.

c.

Development concession checklist in a form provided by the city.

d.

The method for monitoring continued affordability for qualifying residents, over the time period for continued affordability set forth in the development agreement.

e.

Data sufficient to support any land use approvals (variances, CUP's, etc.) which may be required for implementation of any incentives requested.

f.

A preliminary proposal may be submitted prior to any formal requests for general plan amendments, zoning amendments, specific plans, subdivision map approvals, or conditional use permits.

2.

As consideration for granting development incentive hereunder, the project proponent shall prepare a fiscal impact analysis setting forth the general fiscal effects to the city, as well as the potential specific fiscal impacts to the various funds of the city which might be affected by the particular development concessions being requested (i.e., general fund, property taxes, police and fire safety fees, park development fees, etc.); recommendations of waived or reduced fees; and the positive or negative fiscal and/or economic benefits to the city for the granting of one or more incentives. Furthermore, the fiscal impact analysis must include an economic analysis demonstrating that the waiver or modification is necessary to make the housing units economically feasible (i.e., affordable), including the economic return of the development.

3.

Within sixty-five days of receipt of a completed written preliminary proposal, said proposal shall be submitted for public hearing before the planning commission and city council as set forth at Section 15.52.040.

C.

Development Incentives.

1.

As consideration for a development agreement under this section, the city may grant incentives as deemed appropriate by the city council. The incentives offered may include but shall not be limited to the following:

a.

Reduction of interior amenities of the affordable units provided such units conform to the requirements of the city building code.

b.

Reduction of the square footage of the affordable units provided all units conform to the minimum requirements of the city's building code.

c.

A waiver or modification of certain development and/or zoning standards applicable to the site, provided the developer demonstrates that the waiver or modification is necessary to make the housing units economically feasible.

d.

A development agreement must be in conformance with the general plan. The terms of the development agreement shall otherwise supersede the terms of any development standard with which it is in conflict.

D.

Affordable Housing.

1.

The type and number of incentives to be granted is at the sole discretion of the city council. The extent of such discretion shall be based upon, but not limited to the following factors:

a.

The location of the project with respect to, and capacity of, available public facilities;

b.

The type of housing;

c.

Affordability needs as established in the general plan housing element; and

d.

Value and type of incentives which will "contribute significantly to the economic feasibility of lower income housing."

2.

This subsection shall not require the city to provide direct financial incentives or publicly owned land for the housing development, or to waive fees or dedication requirements.

E.

Affordable Housing Plan.

1.

Prior to the recordation of a final tentative or parcel map for a housing development for which a development agreement under this section has been granted, or the issuance of a building permit for a housing development not requiring a tentative or parcel map, the developer shall submit to the planning department for approval, a plan showing the developer's intended use of the incentives within the housing development. The planning department shall review the plan for compliance with the terms of this section and the proposed or approved development agreement. The determination of the planning department of the compliance of the plan with the development agreement may be reviewed by the planning commission upon appeal by the project proponent in writing submitted to the planning director within ten days following date of notice of the determination.

F.

Incentives. Incentives granted in a development agreement entered into under this section shall not be deemed to be granted for the purposes of compliance with the "density bonus" requirements of state law. Such incentives shall not be automatically transferred should developer determine to request such density bonus after entering into a development agreement under this section.

(Code 1965, § 22A-9.)

Chapter 15.56 - LAND CONSERVATION CONTRACTS

15.56.010 - Application for establishment, enlargement, diminishment or cancellation of a land conservation contract.

Notwithstanding any other provisions of this Code, applications for the establishment, enlargement, diminishment, or cancellation of a land conservation contract established pursuant to the California Land Conservation Act of 1965 (Williamson Act) may be made only by the property owner or his or her authorized representative.

Any application shall include:

A.

A delineation of the boundaries of the entire parcel subject to the land conservation contract;

B.

If different than the boundaries in subsection A of this section, a delineation of the boundaries of the portion of the parcel affected by the application.

(Code 1965, § 22H-1; Ord. No. 1360, § 1 (part).)

15.56.020 - Special requirements for application for cancellation of contract.

A.

An application for cancellation of a land conservation contract shall include a proposal for a specified alternative use of the land. The proposal shall list the governmental agencies known by the applicant to have permit authority related to the proposed alternative use. The proposal must be specific enough for the city council to make the findings required by Section 15.52.070 of this chapter.

B.

An analysis of the amount of cancellation fee that the applicant believes is due the county treasurer upon cancellation. That fee shall be an amount equal to twelve and one-half percent of the cancellation valuation of the property.

(Code 1965, § 22H-2; Ord. No. 1360, § 1 (part).)