Fowler Municipal Code Ch. 9.40 Development Agreement

The purpose of this Chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

A. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B. Development Agreements provide assurance 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, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C. Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

A. Only a person who has legal or equitable interest in the property which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement.

B. The City may enter into a Development Agreement for property located within the City limits or within unincorporated territory within the City's Sphere of Influence.

A. Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Development Agreement shall be reviewed and approved as follows:

A. Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a Development Agreement.

B. Approving Authority. The City Council is authorized to approve, alter, or deny an application for a Development Agreement.

The Planning Commission shall hold a public hearing to make a recommendation on applications for a Development Agreement. The Planning Commission's recommendation shall be forwarded to the Council. The City Council shall hold a public hearing prior to taking action on an application for a Development Agreement. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving a Development Agreement, the City Council may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Pursuant to Government Code section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this Chapter, the City Council shall make all the following findings:

A. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the Fowler General Plan and any applicable Specific Plan.

B. The proposed development agreement is compatible with the uses and regulations prescribed for the zone in which the real property is or will be located.

C. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.

D. The proposed development agreement will not be detrimental to the health, safety and general welfare of the public.

E. The proposed development agreement will not adversely affect the orderly development of the property.

F. The proposed development agreement will promote and encourage the development of the project by providing a greater degree of requisite certainty for the developer.

G. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code section 66473.7.

Written Notice of Decision for a Development Agreement shall be provided in accordance with Section 9.30.070 (Notice of Decision).

Development Agreements shall become effective on the date specified in the agreement. Development Agreements approved for property located upon unincorporated territory within the City's Sphere of Influence shall not become operative unless annexation into the City is completed within the period of time specified by the agreement.

Actions taken by the City Council are final and not subject to appeal.

A Development Agreement shall expire as specified in the terms of the agreement.

A Development Agreement may be extended in accordance with Section 9.30.100, Subsection (C) (Permit Extensions).

Except as otherwise provided by law, a Development Agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. A modification or termination of a Development Agreement shall be subject to the provisions Section 9.30.110 (Amendments to Previously Approved Permits).

A. A Development Agreement shall specify:

1. The duration of the agreement.

2. The permitted uses of the property.

3. The density or intensity of the use.

4. The maximum height and size of proposed buildings.

5. Provisions for preservation or dedication of land for public purposes.

B. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

C. For Development Agreements relating to property located upon unincorporated territory within the City's Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

A. After the ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or their designee.

B. The City shall not execute a Development Agreement until it has been executed by the applicant.

C. Within ten (10) days after receiving the executed Development Agreement from the applicant, the City shall execute the Development Agreement and file it with the Fresno County Recorder.

The Director shall review the Development Agreement at least every twelve (12) months. The applicant or successor in interest thereto, shall present substantial evidence they are in good faith compliance with the terms and conditions of the Development Agreement.

A. Notwithstanding Section 9.40.160 (Annual Review), when the Director finds, based on substantial evidence, the applicant or successor in interest thereto, has not complied in good faith with the terms and conditions of the Development Agreement, a public hearing shall be scheduled with the City Council to review the applicant's conformance with the Development Agreement. Procedures for the conduct of such public hearing shall be the same as for consideration of the original agreement. The City Council may amend or terminate the Development Agreement if substantial evidence supports the finding that the applicant or successor in interest thereto, has not complied if good faith with the terms and conditions of the agreement..

B. For Development Agreements relating to property located upon unincorporated territory within the City's Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement becomes null and void. This action is not eligible for appeal.