Part 9 — Development Agreements

The purpose of this part is to establish procedures and requirements for the approval and adoption of development agreements. These procedures and requirements are established pursuant to, and are consistent with, Government Code Sections 65864 through 65869.5. The planning commission may recommend, and the city council may enter into, a development agreement with any person having a legal or equitable interest in real property. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.530).

Any person desiring a development agreement may file an application with the director of community development pursuant to Part 1 of this chapter. An applicant shall be required to pay a fee as provided in Chapter 20.12 CMC. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.540).

• A. Initiation. A hearing on a development agreement may be initiated in any of the following manners:

  1. Upon the initiative of the city council;

  2. Upon the recommendation of the planning commission and the concurrence of the city council; or

  3. Upon the filing of a completed application and the payment of fees as provided for by Chapter 20.04 CMC.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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B. Notice of Public Hearing. Upon the filing of a completed application, the director of community development shall set a date for a noticed public hearing before the planning commission and shall give notice as required by CMC 20.84.100. The application for a development agreement shall be processed and scheduled for public hearing concurrently with all project-related applications.

C. Public Hearing. The planning commission and the city council shall hold noticed public hearings on every completed application for a development agreement. (Ord. 744 § 6 (Exh. A), 2024; Ord. 690 § 4 (Exh. A), 2018. Formerly 20.84.550).

• A. Scope and Content. This part establishes the scope and content of development agreements. A development agreement shall include the following:

  1. The duration of the agreement;

  2. The permitted uses of the property;

  3. The density or intensity of use;

  4. The maximum height and size of proposed buildings;

  5. Any provisions for the reservation or dedication of land for public purposes; and

  6. Provision for a periodic review of the applicant’s compliance with the terms of the agreement under CMC 20.84.610.

• B. Optional Provisions. In addition to the required terms, a development agreement may include any of the following provisions:

  1. The specified time for construction to commence;

  2. The specified time for the project, or any phase of the project, to be completed;

  3. Terms and conditions relating to applicant financing of necessary public facilities, and subsequent reimbursement, if any;

  4. Conditions, terms, restrictions, and requirements for subsequent discretionary actions by the city, provided these shall not prevent development of the land for the uses and to the density or intensity set forth in the agreement;

  5. Provisions for the director of community development to approve minor modifications to the development project, with criteria to determine what constitutes a minor modification; or

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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6. Any other terms, conditions, and requirements that the city council deems proper. (Ord. 690 § 4 (Exh. A), 2018).

A development agreement shall be approved by resolution. The city council shall not approve a development agreement unless it finds that its provisions are consistent with the general plan and applicable specific plans. (Ord. 690 § 4 (Exh. A), 2018).

The city clerk shall record a copy of the approved development agreement with the Los Angeles County Recorder’s office within 10 days after the city council approves the agreement. Amendments to or modifications of an approved development agreement shall be recorded with the Los Angeles County Recorder’s office within 10 days after the city council approves such amendments or modifications. (Ord. 690 § 4 (Exh. A), 2018).

The planning commission shall conduct a periodic review of an applicant’s compliance with the terms of the development agreement at least once every 12 months. During this review the applicant, or the applicant’s successor in interest, shall be required to demonstrate good faith compliance with the terms of the development agreement. If the planning commission finds and determines on the basis of substantial evidence that the initial applicant, or the applicant’s successor in interest, has not complied in good faith with the terms or conditions of the agreement, the planning commission may recommend and the city council may terminate or modify the agreement. (Ord. 690 § 4 (Exh. A), 2018).

A. The applicant and the city council may by mutual consent amend a development agreement in whole or in part. Notice of intention to amend shall be given pursuant to CMC 20.84.100. The city council may in its discretion hold a hearing on the proposed amendment. An amendment to a development agreement shall be approved by resolution. An amendment shall not be approved unless the city council finds it to be consistent with the general plan and applicable specific plans.

B. The applicant and the city council may also, by mutual consent, cancel a development agreement in whole or part. Notice of intention to cancel shall be given pursuant to CMC 20.84.100. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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Provisions of a development agreement which do not comply with state or federal laws or regulations enacted after the city council’s approval of the development agreement shall be modified or suspended as necessary to comply with such laws or regulations. (Ord. 690 § 4 (Exh. A), 2018).

All rules, regulations, and official policies governing permitted uses of land, density, and design, improvement and construction standards and specifications that are in force at the time the development agreement is approved will continue to apply unless the development agreement provides otherwise. (Ord. 690 § 4 (Exh. A), 2018).

A. Unless and until amended or canceled as provided in this part, or modified or suspended as provided in this part, a development agreement shall be enforceable by any party to the agreement, notwithstanding any change in any applicable general plan, specific plan, zoning, subdivision, or building regulation which alters or amends the rules, regulations, or policies specified in this part.

B. The burdens of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the development agreement. (Ord. 690 § 4 (Exh. A), 2018).