Chapter 17.100 — DEVELOPMENT AGREEMENTS

This chapter is enacted pursuant to and in compliance with Section 65864 et. seq. of the California Government Code and prescribes the requirements for execution of development agreements by the city. A development agreement is a legislative act taken by the city council with the purpose of strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development while providing assurances to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval.

(Ord. No. 1071-B, § 1, 12-10-14)

Application for a development agreement shall be made by the person(s), or the authorized agent of the person(s), having a legal or equitable interest in the affected property. Application shall be made on a form prescribed by the development services director and shall be filed with the development services department. The development agreement application shall be signed by the property owner(s) or authorized agent and said signature(s) shall be verified by a notary public. The application shall include the following information:

A.

A legal description of the affected property, a listing of property owners, and the proposed parties to the agreement;

B.

A complete description of the associated development project and corresponding city entitlements (i.e. general plan amendment, specific plan, change of zone, tentative tract map, planned unit development etc.);

C.

The duration of the agreement;

D.

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;

E.

A consistency analysis with the city's general plan, zoning ordinance and any applicable specific plan;

F.

A fiscal impact analysis report;

G.

An infrastructure plan;

H.

A public facilities financing plan;

I.

A phasing and implementation plan;

J.

Any other such information and supporting data specific to the project proposal as determined necessary or convenient by the development services director to facilitate processing of the application.

(Ord. No. 1071-B, § 1, 12-10-14)

The application shall be accompanied by a deposit-based processing fee as set forth in the development services fee schedule prescribed by resolution of the city council. The applicant shall enter into a reimbursement agreement with the city to compensate the city for one hundred (100) percent of third party reviews including fiscal/economic experts, project planners, legal review and related consultants as may be needed for the development agreement. A periodic development agreement review fee shall also be established as part of the development agreement that adequately funds periodic reviews required in Section 17.100.100 of this chapter for a minimum of five years after execution of the development agreement.

A development agreement fee shall be imposed on all new privately-constructed buildings subject to a city building permit on properties affected by a development agreement as a condition for issuance of said building permit. The development agreement fee shall be calculated as two percent of the construction project valuation of the new building, as determined by the city's building official at the time the building permit is issued.

(Ord. No. 1071-B, § 1, 12-10-14)

Upon determination of a complete application, the development services director shall prepare a staff report and recommendation regarding the contents of the development agreement and whether the development agreement, as proposed or in an amended form, would be consistent with the general plan, zoning ordinance, and any applicable specific plan. The development services director shall also process the development agreement for environmental review in compliance with the California Environmental Quality Act.

(Ord. No. 1071-B, § 1, 12-10-14)

Upon completion of the staff report, the development services director shall give notice of intention to consider adoption of a development agreement. A public hearing on an application for a development agreement shall be held by the planning commission and the city council.

(Ord. No. 1071-B, § 1, 12-10-14)

After duly noticed public hearing, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether the development agreement proposed:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located;

C.

Is in conformity with the public necessity, public convenience, general welfare and good land use practices;

D.

Will be detrimental to the health, safety and general welfare;

E.

Will adversely affect the orderly development of property or the preservation of property values;

F.

Will have a positive fiscal impact on the city.

(Ord. No. 1071-B, § 1, 12-10-14)

After duly noticed public hearing, the city council may approve, modify or disapprove the recommendation of the planning commission. The city council may not approve the development agreement unless it finds that the provisions of the agreement are:

A.

Consistent with the general plan, and any applicable specific plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located;

C.

Is in conformity with good land use planning;

D.

Will not be detrimental to the health, safety and general welfare; and

E.

Is in the best interest of the City of Coachella and its residents.

The development agreement shall be approved by adoption of an ordinance by the city council. The contents and effect of the development agreement shall be as specified at California Government Code Sections 65865.2, 65865.4 and 65866.

(Ord. No. 1071-B, § 1, 12-10-14)

Upon adoption of an ordinance by the city council approving a development agreement, the city manager shall be authorized to execute the agreement by signature. The city attorney shall also approve said agreement as to form by signature.

(Ord. No. 1071-B, § 1, 12-10-14)

A development agreement may be amended or cancelled as follows:

A.

Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.

B.

The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.

C.

Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the planning commission without a noticed public hearing so long as the planning commission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. Upon consideration of the proposed amendment and written recommendation to the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement.

D.

A development agreement may only be amended or canceled in whole or in part by the city or by the mutual consent of all other parties to the development agreement or their successors in interest.

(Ord. No. 1071-B, § 1, 12-10-14)

No later than ten (10) calendar days after the city enters into a development agreement, the city clerk shall record with the county recorder a copy of the agreement provided all outstanding fees are paid by

applicant, which shall describe the land subject thereto and cause the development agreement to be recorded on the property title. If the agreement is amended or canceled, pursuant to Section 17.100.090, the city clerk shall record notice of such action with the recorder.

(Ord. No. 1071-B, § 1, 12-10-14)

Each development agreement shall be reviewed at least once every twelve (12) months and the review period shall be specified in the agreement. As part of periodic review proceedings, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If the development services director finds that such compliance has been deficient, this finding and a recommendation of the director shall be forwarded to the city council for consideration in accordance with Section 17.100.110 of this chapter.

(Ord. No. 1071-B, § 1, 12-10-14)

At any time the city council may, at a public hearing, consider whether there are grounds for termination of any development agreement. Notice of the hearing shall be given in the manner specified in the development agreement. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such review, the council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the council may terminate or modify the agreement in whole or in part.

(Ord. No. 1071-B, § 1, 12-10-14)