Del Rey Oaks Municipal Code Ch. 15.46 Development Agreements

The purpose of this chapter is to assure persons developing property in Del Rey Oaks that upon approval of a development project, said persons may proceed with the project in accordance with existing policies, rules and regulations, and subject to specified conditions of project approval.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

Sections 65864 through 65869.5 of the Government Code indicate that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

The development agreement shall be consistent with the general plan, Zoning Ordinance and any applicable specific plan.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following:

A. Name and address of agent, if applicable, and proof of authority of the agent to act for the property owner;

B. Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;

C. Assessor's parcel number;

D. Legal description;

E. A site plan consistent with the requirements of Chapter 16.12; and

F. A narrative description of the proposed development, including:

1. Project description;

2. Provisions for reservation or dedication of land for public purposes;

3. Method of project financing;

4. Construction phasing; and

5. Conditions, restrictions or terms that will be proposed for inclusion in the development agreement.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

The city council shall by resolution fix the fee for the filing, preparation and processing of a development agreement.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

Approval of a development agreement shall require the approval of the planning commission and city council. Where a discretionary permit or rezoning is required for the project in which the development agreement is to apply, the application may be considered part of that permit or rezoning request and reviewed and approved in conjunction with that permit or rezoning. A public hearing as specified in Chapter 17.44 shall be held on this matter.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

The planning commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether or not 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 zoning district in which the real property is located;

C. Is in conformity with public convenience, general welfare and good land-use practice;

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

E. Will not adversely affect the orderly development of property;

F. Will provide sufficient benefit to the city to justify entering into the agreement.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

A. The city council shall hold a public hearing on the property development agreement. It may accept, modify or disapprove the recommendation of the planning commission. The city council shall not approve the development agreement unless it adopts the findings contained in Section 15.46.070 to support its action.

B. If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city may enter into the agreement.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant, the procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement. However, where the city council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 days' written notice to the applicant of its intention to initiate such proceedings in advance of giving written notice of the public hearing.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

A. Within ten days after the city enters into the development agreement, the city manager shall have the agreement recorded with the county recorder.

B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city manager shall have notice of such action recorded with the county recorder.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)

A. The city manager shall review the development agreement at least once every 12 months from the date the agreement is entered into. The city manager shall report the findings of his/her review to the planning commission and city council. The time for review may be modified by agreement between the parties.

B. Should the city manager find that the developer is in noncompliance, or not performing consistently with the development agreement, the city manager shall report this finding to the planning commission. The planning commission shall forward a recommendation to the city council regarding the termination of the development agreement. The city council shall process said recommendation consistent with Section 15.46.090.

(Ord. No. 246, § 1 (Exh. A), 2-24-1998)