Grass Valley Municipal Code Ch. 17.76 Development Agreements

The purpose of this chapter is to establish procedures and requirements for the review and approval of development agreements, in compliance with Government Code Section 65864 et seq., and as these sections may be amended from time to time.

A. Contents of Application. An application for a development agreement shall be filed and processed in compliance with Chapter 17.70 (permit application filing and processing). The application shall be accompanied by the detailed data/materials identified in the department handout for development agreements. It is the responsibility of the applicant to establish evidence in support of the findings required by Subparagraph 17.76.040.A.1. (findings required), below.

B. Fees. The applicant shall pay the fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations in compliance with the city's planning fee schedule. fees and charges shall be paid before a determination by the city that the application is complete.

C. Qualified as an Applicant. Only a qualified applicant may file an application to enter into a development agreement.

1. A qualified applicant is a person who has legal or equitable interest in the real property, as determined in the sole discretion of the city, which is the subject of the development agreement.

2. The term applicant shall also include an authorized agent of the property owner.

3. The director may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.

4. Before processing the application, the director shall obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the development agreement.

D. Proposed Form of Agreement.

1. Each application shall be accompanied by the form of development agreement proposed by the applicant.

2. This requirement may be met by designating the city's standard form of development agreement, if the city has developed a standard form development agreement, and including specific proposals for changes in or additions to the language of the standard form.

E. Review of Application.

1. The director shall endorse on the application the date it is received. When application fees have been paid, the director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the director finds that the application is complete, the director shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the development agreement.

2. After receiving the required information, the director shall prepare a staff report and recommendations and shall state whether or not the development agreement proposed, or in an amended form, will be consistent with the general plan and any applicable specific plan.

A. Director to Give Notice. The director shall give notice of intention to consider adoption of the development agreement and of any other public hearing required by law or these regulations.

B. Notice Requirements. Notice for the public hearings to consider adoption of a development agreement shall be given and the hearings shall be conducted in compliance with Chapter 17.92 (public hearings).

C. Failure to Receive Notice. Failure of any person to receive notice, who is otherwise entitled to notice in compliance with state law or these regulations, does not affect the authority of the city to enter into a development agreement.

D. Rules Governing Conduct of Hearing. The public hearing shall be conducted in compliance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning map amendment hearings.

1. Each person interested in the matter shall be given an opportunity to be heard.

2. The applicant has the burden of proof at the public hearing on the proposed development agreement.

E. Irregularity in Proceedings.

1. No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, informality, irregularity, neglect, or omission ("error") as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, report, or any matters of procedure.

2. The only allowable exception to this rule will be if, after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.

3. There is not presumption that error is prejudicial or that injury was done if error is shown.

A. Commission's Recommendation. The commission shall make its recommendation in writing to the council based on the findings identified in Subsection C., (findings required), below.

1. Recommendation for Approval. After a public hearing on the proposed development agreement, and the commission has recommended approval of the agreement, the recommendation and findings of the commission shall be forwarded to the council.

2. Recommendation for Denial. After a public hearing on the proposed development agreement, and the commission has recommended denial of the agreement, the following procedures shall apply:

a. If Initiated by the Filing of an Application. If the development agreement was initiated by the filing of an application, the council shall not be required to take any further action unless an interested party requests a hearing by filing a written request with the city clerk in compliance with Chapter 17.91 (appeals).

b. If Initiated by the City. If the development agreement was initiated by the city, the recommendation and findings of the commission shall be forwarded to the council.

B. Mailing of Commission's Recommendation. A copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

C. Findings Required. The recommendation shall include the commission's findings and determination whether or not the development agreement proposed:

1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan, any applicable specific plan, and this development code;

2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use and zone in which the real property is located;

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

4. Will be detrimental to the health, safety, and general welfare; and

5. Will adversely affect the orderly development of property or the preservation of property values.

D. Decision by the Council.

1. After the council completes the public hearing, it may accept, modify, or deny the commission's recommendation. It may, but need not, refer matters not previously considered by the commission during its hearing back to the commission for report and recommendation. The commission shall hold a public hearing on matters referred back to it by the council.

2. The council shall not approve the development agreement unless it first makes the findings required by Subsection C., (findings required), above.

E. Approval of Development Agreement. If the 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 development agreement.

A. Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation of, in whole or in part, the development agreement previously entered into.

B. Procedure.

1. The procedure for proposing and adoption of an amendment to or cancellation of a development agreement is the same as the procedure for entering into a development agreement in the first instance (See Sections 17.76.020 through 17.76.040, above).

2. Where the city initiates the proposed amendment to or cancellation of a development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least ten calendar days in advance of the giving of notice of intention to consider the amendment or cancellation required by Subsection 17.76.030.B. (notice requirements), above.

A. Recordation of Agreement Within Ten Days. Within ten calendar days after the city enters into the development agreement, the city clerk shall have the development agreement recorded with the county recorder's office.

B. Recordation of Notice to Amend or Cancel Agreement. If the parties to the agreement or their successors-in-interest amend or cancel the development agreement as provided in Government Code Section 65868 or if the city terminates or modifies the development agreement as provided in Government Code Section 6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of the action recorded with the county recorder's office.

A. Time for, and Initiation of Review. The city shall review a development agreement every twelve months from the date the development agreement is first entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

1. Recommendation of the director;

2. Affirmative vote of at least a majority of the members of the commission present; or

3. Affirmative vote of at least a majority of the members of the council present.

B. Notice of Periodic Review.

1. The director shall begin the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner.

2. The director shall give the notice at least ten calendar days in advance of the time at which the matter will be considered by the council.

C. Public Hearing. The council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue is upon the property owner.

D. Determination Upon Review. The council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

E. Procedures Upon Findings.

1. If the city finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded.

2. If the city finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement during the period under review, the city may modify or terminate the development agreement in compliance with Section 17.76.080 (modification or termination), below.

A. Proceedings Upon Modification or Termination. If, upon a finding under Section 17.76.070.E.2., above, the city determines to proceed with modification or termination of the development agreement, the city shall give notice to the property owner of its intention to do so. The notice shall contain the following information:

1. The time and place of the hearing;

2. A statement as to whether or not the city proposes to modify or terminate the development agreement; and

3. Other information which the city considers necessary to inform the property owner of the nature of the proceeding.

B. Hearing on Modification or Termination.

1. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard.

2. The council may refer the matter back to the commission for report and recommendation.

3. The council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city.

4. The decision of the council shall be final.