Diamond Bar Municipal Code Ch. 22.62 Development Agreements

(a) This chapter outlines the procedures and minimum guidelines/requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement, commission or council.

It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Government Code § 65864), and shall be so construed.

(b) In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Article 2.5 of the Government Code, cited above), and the agreement itself.

Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

(1) The plain terms of the development agreement itself;

(2) The provisions of this chapter; and

(3) The provisions of state law (Article 2.5 of the Government Code, cited above).

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Application requirements. An owner of real property may request and apply through the director to enter into a development agreement provided the following:

(1) The development agreement, if approved, would be in the best interests of the city;

(2) The status of the applicant as an owner of the property is established to the satisfaction of the director;

(3) The application is made on forms approved, and contains all information required, by the director; and

(4) The application is accompanied by all lawfully required documents, materials and information.

(b) The director. The director is authorized to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

(c) Processing fees. Processing fees, as established by the city's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with section 22.62.030(a) (Public hearings), below.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Commission. The director, upon finding the application for a development agreement complete, shall set the agreement, together with recommendations, for a public hearing before the commission in compliance with chapter 22.72 (Public Hearings). Following conclusion of a public hearing, the commission shall make a written recommendation to the council that it approve, conditionally approve or disapprove the agreement.

(b) Council. Upon receipt of the commission's recommendation, the city clerk shall set the agreement and written report of the commission for a public hearing before the council in compliance with chapter 22.72 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the agreement.

(c) Notice. Notice of the hearings, outlined in subsections (a) and (b), above, shall be given in the form of a notice of intention to consider approval of the agreement in compliance with state law (Government Code § 65867).

(d) Terms and conditions. Should the council approve or conditionally approve the agreement, it shall, as a part of the action of approval, direct the finalization of the agreement embodying the terms and conditions as approved or conditionally approved by it, as well as an ordinance authorizing execution of the agreement by the city manager.

(e) Findings. The ordinance shall be in compliance with state law (Government Code § 65867.5) and shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1) The development agreement would be in the best interests of the city;

(2) The development agreement is consistent with the general plan, any applicable specific plan and this Development Code; and

(3) The development agreement would promote the public interest and welfare of the city.

(f) Referendum. The ordinance is subject to referendum in compliance with state law (Government Code § 65867.5).

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Mandatory contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions specified by state law (Government Code § 65865.2 (agreement contents)).

(b) Permissive contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions specified by state law (Government Code § 65865.2 (agreement contents)).

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Effective date. The city shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with section 22.62.030 (Public hearings), above, becomes effective.

(b) Mutual consent. A development agreement may be executed only on the mutual consent of each party to the agreement.

(c) Conditioning approval. The provisions of this chapter shall not be construed to prohibit the director, hearing officer, commission or council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

(d) Recordation. A development agreement shall be recorded with the county recorder no later than ten days after it is executed, in compliance with state law.

(Ord. No. 02(1998), § 2, 11-3-98)

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Periodic review required. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review, as specified in the agreement, by the commission during the full term of the agreement. Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with section 22.62.020(c) (Processing fees), above.

(b) Purpose of review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city.

(c) Compliance with the terms or conditions. If, as a result of a periodic review in compliance with this section, the commission finds, on the basis of substantial evidence, that the applicant/contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the commission may recommend to the council that it order, after a noticed public hearing in compliance with section 22.62.030 (Public hearings), the agreement to be terminated or modified.

(Ord. No. 02(1998), § 2, 11-3-98)

A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors in interest. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Rules, regulations, and policies. Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

(b) Applying new rules, regulations, and policies. Unless specifically provided for in the development agreement, the 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 under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving a subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 02(1998), § 2, 11-3-98)

Development agreements approved by the council shall be on file with the city clerk.

(Ord. No. 02(1998), § 2, 11-3-98)