Hanford Municipal Code Ch. 16.44 Development Agreements

This chapter may be referred to as the "Development Agreement Ordinance of the city of Hanford."

(Ord. 07-04, 2007)

A. The California Legislature in Section 65864 of the Government Code has found that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. The city finds and determines that under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs therefor in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are achieved.

B. The city further finds and determines that the public safety, health, convenience, comfort, prosperity, and general welfare will be furthered by the adoption of this title in order to provide a mechanism and procedure for the enactment of development agreements to accomplish the foregoing purposes and aims and the realization of the benefits to be derived therefrom.

(Ord. 07-04, 2007)

It is the purpose of this chapter to describe the procedures and requirements for entering into a development agreement as established in accordance with the provisions of Article 2.5 of the California Government Code. Development agreements enacted pursuant to this title are to ensure to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with policies, rules, and regulations in force at the time the development agreement is executed, and subject to specified conditions of approval, in order to implement the intent of city council in enacting this title. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion for the city and the private sector.

(Ord. 07-04, 2007)

This title is adopted under the authority of Government Code Sections 65864, 65865 and other provisions of Article 2.5 of Chapter 4 of Division 1 of the Government Code. ("Development Agreement Statute").

(Ord. 07-04, 2007)

The following terms when used in this title shall have the flowing respective meanings:

"Applicant"

means a person who submits an application for a development agreement.

"Application"

means the application to enter into a development agreement submitted by a qualified applicant pursuant to this title.

"City"

means the city of Hanford, a general law city organized and existing under the constitution and laws of the state of California.

"City Council"

means the city council of the city of Hanford.

"Community development director"

means person designated by the city manager as the director of the community development department of the city.

"Developer"

means a qualified applicant who has entered into a development agreement pursuant to the procedures specified in this title.

"Development agreement"

means a development agreement enacted by legislation between the city and a qualified applicant pursuant to this chapter and the development agreement statute.

"Notice of non-compliance"

means the notice described in Section 16.44.140(C) of this chapter.

"Person"

means an individual, group, partnership, firm, association, cooperative venture, company, corporation, trust, governmental agency, governmental official, administrative body or tribunal or any other form of business or legal entity.

"Planning commission"

means the planning commission of the city established pursuant to Section 2.36.010 of this code.

"Qualified applicant"

is a person who has legal or equitable interest, or both, in the real property which is the subject of the development agreement, or his or her authorized agent.

(Ord. 07-04, 2007)

The city council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application for a development agreement and the applicable documents provided for or required under this title.

(Ord. 07-04, 2007)

A. Only a qualified applicant may file an application to enter into a development agreement. The applicant shall use the form of application then in effect for the city and shall furnish evidence to the community development director's reasonable satisfaction of the applicant's interest in the real property and of the authority of an agent to act for the applicant.

B. Other Parties. In addition to the city and developer, any federal, state, or local governmental agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500, et seq.) providing for joint powers agreements, or provisions of other applicable federal, state, or local law, in order to create a legally binding agreement between such parties.

C. Applications are filed with the community development department. Before an application is filed, the applicant shall request and participate in a pre-application conference with the community development department.

(07-04, Amended, 2007)

A. Each application shall be accompanied by a proposed development agreement of the applicant. This requirement may be met by utilizing the city's then standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form of development agreement, or by submitting a proposed development agreement prepared by the applicant in a form satisfactory to the city. Any proposed development agreement submitted by an applicant shall contain the provisions required under this title and shall also include the following:

1. The parties to the development agreement;

2. The nature of the applicant's legal or equitable interest in the real property in sufficient detail to demonstrate that the person is a qualified applicant hereunder;

3. A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this title. Such description shall include, but is not limited to, the legal description of the real property, references to permitted uses of the property, the density of use, maximum size and height of buildings, site and building plans, elevations, relationships to adjacent properties and operational data, provide for reservation or dedication of land for public purposes, and may provide that construction required under the development agreement will be commenced and completed within a specified time. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

4. A list of permits and approvals for the development project that have been previously enacted and a list of the permits and approvals that are contemplated by the development agreement;

5. The proposed duration of the development agreement;

6. A program and criteria for an annual or more frequent review under this title;

7. Appropriate provisions acceptable to the city providing security for the performance by the developer of the developer's obligations under the development agreement;

8. Any other relevant provisions which may be deemed necessary by the community development director;

9. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

10. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the real property for uses and to the density and intensity of development set forth in the development agreement.

B. Unless otherwise provided in the development agreement, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the property are the regulations in force at the time of the execution of the development agreement. A development agreement shall not prevent the city from applying new rules, regulations, and policies which do not conflict with those in the development agreement, nor shall the development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, or policies.

C. In the event changes in federal or state laws or regulations, enacted after the development agreement has been executed, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended as necessary to comply with such federal or state laws or regulations.

D. All or any part of real property described in a development agreement may be subject to subsequent condemnation proceedings by the city.

E. The development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties of the development agreement.

(Ord. 07-04, 2007)

A. The community development department shall review the application and shall reject the application if it is incomplete or contains inaccurate information. The community development department shall review the application and determine any additional requirements necessary to complete the form of the development agreement. If the application is complete, it shall be accepted for filing.

B. After receiving the filed application, the community development department shall prepare a staff report. The staff report shall state whether or not the development agreement as proposed, or in an amended form (specifying the nature of the amendments), is consistent with the general plan, any applicable specific plan, and the provisions of this title. The staff report shall include a recommendation to the planning commission. The staff report and recommendation shall include findings of the planning commission's determination whether or not the proposed development agreement:

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

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

3. Is in conformity with the public convenience and general welfare and good land use practices;

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

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

6. Will provide sufficient benefit to the city to justify entering into the development agreement; and.

7. If the development agreement includes a subdivision, as defined in Government Code Section 66473.7, any tentative map prepared for the subdivision will comply with the provisions of Government Code Section 66473.7.

(Ord. 07-04, 2007)

A. Planning Commission

1. The proposed development agreement shall be considered at a public hearing before the planning commission pursuant to the procedures described in Section 17.66.050.

2. Upon recommendation of the community development department, the planning commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any approval issued by or made by any other city agency, including:

a. Rezoning;

b. Issuance of a conditional use permit;

c. Conditions imposed upon approval of a permit after discretionary review;

d. Conditions imposed in connection with the adoption of any general plan amendment or specific plan;

e. Conditions imposed in any planned development district;

f. Site-specific conditions imposed in any other district;

g. Approval of and/or conditions imposed upon approval of a subdivision of parcel map or maps;

h. The formation of any assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required or necessary on-site or off-site improvements or infrastructure; and/or

i. Mitigation measures imposed upon a development project after certification of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts, or the criteria for development of the project without such mitigation measures where specific economic, social or other considerations make such mitigation measures infeasible and the benefits of the project outweigh the unavoidable adverse environmental effects.

3. At the conclusion of the public hearing, the planning commission shall recommend to the city council approval or denial of the development agreement by the city council. The recommendation shall include the planning commission's determination on whether or not the development agreement proposed complies with each item listed in Section 16.44.090(B).

B. City Council.

1. A development agreement is a legislative act and shall be approved by ordinance only after a public hearing before the city council. The ordinance shall refer to and incorporate by reference the text of the development agreement.

2. At the hearing, the city council shall consider the planning commission's recommendation together with any additional public testimony, and may approve, disapprove or modify any recommendation of the planning commission. The city council may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation.

3. The city council may not approve the development agreement unless it finds that the provisions of the development agreement are consistent with the general plan, and any applicable specific plan. Any proposed change in the general plan or applicable specific plan must be approved prior to, but concurrently with, the approval of the development agreement.

C. Notice of any public hearing shall be published and mailed as required by California Government Code Sections 65090 et seq. and 65867, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.

(Ord. 07-04, 2007)

All public hearings under this chapter shall be conducted in accordance with the procedures specified in Section 17.66.050.

(Ord. 07-04, 2007)

A. The approval of a development agreement shall be by the adoption of an ordinance by the city council. The effective date for any approved development agreement shall be 30 days after the adoption of the ordinance approving the development agreement.

B. Within 10 days after the effective date of the ordinance approving a development agreement, or any modification or cancellation thereof, the city clerk shall record the development agreement, the modification or notice of cancellation with the county recorder for the County of Kings.

(Ord. 07-04, 2007)

A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the development agreement or their successor in interest in the manner provided in California Government Code Section 65868. Notice of intention to send or cancel any portion of the development agreement shall be given in the manner provided by California Government Code Section 65867. An amendment to the development agreement shall be subject to the provisions of California Government Code Section 65867.5.

The development agreement may provide for alternative procedures to process minor amendments that do not change or modify any substantive rights or responsibilities of the parties to, or review or notice required to be provided under, the development agreement.

(Ord. 07-04, 2007)

A. All development agreements are subject to review by the city council at least once every 12 months. In the event the development agreement requires more frequent review, the review will occur at the time(s) specified in the development agreement. The purpose of the review is to allow the developer to demonstrate its compliance with the terms and conditions of the development agreement.

B. On or before June 1st of each year of the term of the development agreement, or any other date specified in the development agreement, the developer shall provide documentation and, any additional information that the community development director may request from the developer, to allow the developer to demonstrate its compliance with the terms of the development agreement.

C. The community development director shall review the information provided by the developer, including, but not limited to, any additional information that the community development director may request from the developer. The community development director will prepare a staff report for the city council that includes a recommendation on whether or not the developer has demonstrated compliance with the terms of the development agreement.

D. The city council shall hold a public hearing to review the staff report and consider whether the developer has demonstrated good faith compliance with the terms of the development agreement for the period under review. The developer and any interested party may present oral or written evidence to be considered by the city council at the hearing.

E. If the city council determines after the hearing that the developer has demonstrated good faith compliance with the terms of the development agreement for the period under review, the city council will direct the community development director to provide written notice thereof to the developer.

F. If the city council determines after the hearing on the basis of substantial evidence that the developer has not complied in good faith with the terms of the development agreement for the period under review, the city council will direct the community development director to provide written notice thereof to the developer. Such notice shall specify the nature of the alleged failure and, where appropriate, the manner and period of time in which the failure may be cured. The notice shall also specify that if the alleged failure is not timely cured, the development agreement could be modified or terminated. If the nature of the alleged failure is such that it cannot be cured within the time specified, the commencement of the cure within the cure period and diligent prosecution to completion of the cure shall be deemed a cure. During the period for curing the default, the developer shall not be considered in default for the purposes of termination or cancellation of the development agreement as long as developer is diligently prosecuting such cure to completion.

(Ord. 07-04, 2007)

Unless a development agreement is amended or canceled pursuant to this title, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city council which alters or amends the rules, regulations, or policies in effect as of the time of execution of the development agreement.

(Ord. 07-04, 2007)