Colfax Municipal Code Ch. 17.48 Development Agreements

This chapter is adopted in compliance with the provisions of California Government Code Sections 65864 to 65869.5 (the "Development Agreement law" and the city intends that the provisions of this chapter shall be read and interpreted so as to comply with the development agreement law as it may be hereafter amended.

(Ord. No. 519, 8-8-2012)

Each application shall be accompanied by the form of standard development agreement established by the city and approved by the council with any additional alternatives, modifications or changes proposed by the applicant.

(Ord. No. 519, 8-8-2012)

After a public hearing by the planning commission, which may be held in conjunction with other required hearings for the project including amendments to the general plan, rezonings, subdivision maps, or conditional use permits, the planning commission shall make its recommendation in writing to the council. The recommendation shall include consideration of the following:

A. Consistency with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan and/or special districts;

B. Consistency with the provisions of this code;

C. Conformity with public health, safety and general welfare;

D. The affect on the orderly development of property or the preservation of property values;

E. Whether the provisions of the agreement shall provide sufficient benefit to the city and its residents to justify entering into the agreement; and

F. Conformity with the provisions of Government Code Section 65867.5 and, if applicable, Government Code Section 66473.7.

(Ord. No. 519, 8-8-2012)

Following notice as provided by Section 17.48.020, above, the council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the planning commission. In the event that the city council sitting at the time of the public hearing also sits as the planning commission, the development agreement shall be heard directly by the city council. The council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan and/or special districts and after consideration of the factors set forth in Section 17.48.030, above.

(Ord. No. 519, 8-8-2012)

Either party may propose an amendment to, or cancellation in whole or in part, of an executed development agreement following the provisions of Government Code Sections 65865.1 and 65868, within thirty (30) days after its adoption.

(Ord. No. 519, 8-8-2012)

A. Within ten (10) days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

B. If the parties to the agreement or their successors in interest proposed to terminate or modify the agreement as provided in Government Code Section 65865.1 for failure of the applicant or its successor in interest to comply in good faith with the terms or conditions of the agreement, the city clerk shall likewise notice such action recorded with the county recorder as provided in the statute.

(Ord. No. 519, 8-8-2012)

Per Government Code Section 65865.1, the city shall review the development agreement at least once every twelve (12) months from the date the agreement is entered into.

A. The city shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The city shall give the notice at least thirty (30) days before the date when the matter shall be considered by the council. The notice shall specify that the property owner provide a report to the city detailing what has been done on the project in the last year which demonstrates good faith compliance with the terms of the agreement. The report shall be provided at least two weeks before the hearing date. City staff shall review the owner's compliance report.

B. The council shall receive the city's report at a regularly scheduled city council meeting. A public hearing may be held but is not required. At the meeting, the applicant or its successor in interest must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant or its successor in interest. If a public hearing is held, notice of the hearing shall be given as provided by Section 17.48.030.

C. The council shall determine, on the basis of substantial evidence in the record before it, whether the applicant or its successor in interest has met its burden of demonstrating that it complied in good faith with the terms and conditions of the agreement.

D. If the council finds and determines that the applicant or its successor in interest has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the council finds and determines that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement during the period under review, the council shall begin noticed proceedings to terminate or modify the agreement.

(Ord. No. 519, 8-8-2012)