Chowchilla Municipal Code Ch. 17.64 Development Agreements

The chapter is enacted pursuant to the authority contained in Sections 65865, et seq., of the Government Code of the state, and, in enacting this article, the council makes the same legislative findings that are made in the Government Code of the state.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

All development agreements shall be processed as provided in this chapter.

A. Any person desiring to enter into a development agreement with the city shall first submit to the director ten copies of the proposed development agreement.

B. The director shall determine in writing whether such agreement is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the agreement is determined not to be complete, the director's determination shall specify those parts of the agreement which are incomplete and shall indicate the manner in which such application may be made complete. The city may in the course of processing and considering the agreement, require the applicant to clarify, amplify, correct, or otherwise supplement the information provided.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The proposed development agreement shall specify:

A. A sufficient legal description of the land to locate the property which is the subject of this proposed agreement;

B. Name, address and telephone number of the developer, the record owner, and the person or persons proposing the agreement;

C. The duration of the agreement;

D. The permitted uses of the property;

E. The density or intensity of the uses;

F. The maximum height and size of the proposed buildings; and

G. Shall make provisions for the reservation or dedication of land for public purposes.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Development agreements may include, in the discretion of the city, the following:

A. Conditions, terms, restrictions, and requirements for subsequent discretionary actions provided such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the land for the uses and to the density or intensity of development as set forth in the agreement;

B. That construction shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time; and

C. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Unless otherwise provided in the development agreement, the rules, regulations and official policies governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the property subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement does 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 out therein, nor does 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, or policies.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Upon receipt of a filed copy of such development agreement, each city department shall review and examine the agreement to ascertain if the agreement proposed thereon conforms to the requirements coming within the scope of authority of that city department and, within twenty-one calendar days after receipt thereof make a written report to the director.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The city administrator, director, public works director, building official, city engineer, fire chief, and chief of police shall be deemed to be, and are empowered to act, as the development agreement review committee. The committee shall meet and shall formulate recommendations and requirements on the development agreement. The development agreement review committee shall report its recommendations in writing to the planning commission and council and the applicant at least three days prior to any hearing or action on the development agreement by the planning commission or council.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The planning commission shall hold a public hearing on the development agreement and following the public hearing, make a finding as to whether the proposed development agreement is consistent with the general plan and shall take action by written resolution to recommend to the council to approve, conditionally approve, or disapprove the development agreement.

B. Notice of the time and place of any public hearing on a development agreement shall be given as provided in Sections 65090 and 65091 of the Government Code of the state and Section 17.20.110 of this code, in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any.

C. The planning commission shall conduct the public hearings pursuant to Section 17.20.110.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The council, within thirty days following receipt of the planning commission's report on a development agreement, shall fix the meeting date at which it will hold a public hearing on the development agreement. The public hearing shall be held, and a decision of the council to approve, conditionally approve, or disapprove the development agreement shall be made within a reasonable period of time of receipt of the report of the planning commission.

B. Notice of the time and place of any public hearing on a development agreement shall be given as provided in Sections 65090 and 65091 of the Government Code of the state and Section 17.20.110 of this code, in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

If the council approves the development agreement, the council must approve the agreement by the ordinance. In order to approve the agreement, the council must further find that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The development agreement may be amended, or cancelled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. A notice of intention to adopt major amendments or to cancel any portion of the agreement shall be given on the manner set forth in Section 17.64.090(B.) of this chapter. Any major amendment to an agreement shall be approved by ordinance, subject to referendum, following findings of consistency with the general plan and applicable specific plan, if any, as set forth in Section 17.64.100 of this chapter.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The city's representative shall not sign a development agreement and bind the city thereby until the ordinance adopting the agreement has become effective. No later than ten calendar days after the city enters into a development agreement, the city clerk shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

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.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Any development agreement enacted pursuant to this chapter shall contain a provision that periodic reviews of the agreement occur at least every twelve months after its execution. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the city administrator finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the city may terminate or modify the agreement. The applicant may appeal any adverse decision of the city administrator to the council by written notice presented to the city clerk within ten calendar days after the issuance of the administrator's decision. The decision of the council shall be final.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Unless amended or canceled pursuant to this chapter, a development agreement shall be enforceable by any party thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation adopted by the city which is in conflict with the terms of the development agreement.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)