Chapter 4 — DEVELOPMENT AGREEMENTS

This Chapter is adopted for the purpose of implementing Government Code Sections 65864—65869.5. This Chapter may be referred to as the City's Development Agreement Regulations.

(Ord. 164, 2-2-85)

Any person, or his authorized agent, who has legal or equitable interest in the real property may apply for a development agreement by submitting a proposed agreement to the City Clerk.

(Ord. 164, 2-2-85; 1994 Code)

After receiving the required application, the Planning Director shall prepare a report and

recommendation which shall be presented to the City Council for review at a duly noticed public hearing as set forth below.

(Ord. 164, 2-2-85; 1994 Code)

• A. Issuance of Notice: The City Clerk shall give notice of intention to consider adoption of a development agreement prior to consideration of the proposed agreement by the City Council.

• B. Contents of Notice: The notice of intention to consider adoption of development agreement shall contain:

  1. The time and place of the hearing;

  2. A general explanation of the matter to be considered, including a general description of the area affected; and

  3. Other information required by specific provision of these regulations or which the City Clerk considers necessary or desirable.

• C. Time and Manner of Notice: The notice shall be given at least ten days prior to the hearing as follows:

  1. Publication at least once in a newspaper of general circulation.

  2. Mail or delivery to the owner of affected property unless more than 1,000 persons would be required to receive notice, in which event, display advertising is permitted.

  3. Mail or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected.

  4. To all owners of real property shown on the latest equalized assessment rolls within 500 feet of the real property that is the subject of the hearing.

• D. Effect of Notice: The failure of any person entitled to receive or respond to such notice required by law or these regulations does not affect the authority of the City to enter into a development agreement.

(Ord. 180, 9-19-85)

• A. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard.

• B. 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, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless, 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. There is no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 164, 2-2-85; 1994 Code)

5-4-6: - DECISION BY CITY COUNCIL.

• A. At the conclusion of the hearing, the City Council shall determine whether or not the development agreement proposed is:

  1. Consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

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

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

  4. Detrimental to the health, safety and general welfare; and

  5. Adverse to the orderly development of property or the preservation of property values.

• B. Adoption of Ordinance for Approval: 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 agreement.

• C. Notwithstanding the requirement that the City Council make the factual determinations enumerated in subsection A. of this Section, the approval or disapproval of a development agreement is a legislative act entrusted to the discretion of the City Council.

• (Ord. 164, 2-2-85; 1994 Code)

• A. Agreement to be Recorded: After the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

  • B. Amendment or Cancellation to be Recorded: If the parties to the agreement or their successors in interest amend or cancel the agreement, as provided in Government Code Section 65868, or if the City terminates or modifies the agreement, as provided in Government Code Section 65865.1, 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 such action recorded with the County Recorder.

• (Ord. 164, 2-2-85; 1994 Code)

• A. Time for Review: The City shall review the development agreement at least every 12 months from the date of the agreement. The time for review may be modified either by agreement between the parties or by initiation in either of the following ways:

  1. Recommendation of the planning staff; or

  2. Affirmative vote of at least three members of the Council.

B.

Notice of Review: The City Clerk shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. The Clerk shall give the notice at least 30 days in advance of the time at which the matter will be considered by the City Council.

• C. Determination of Compliance by Property Owner: The City Council shall conduct a duly noticed public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. The City 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 agreement.

• D. City's Findings and Actions: If the City Council 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 agreement during the period under review, the review for that period is concluded. If the City Council 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 agreement during the period under review, the City may modify or terminate the agreement.

• (Ord. 164, 2-2-85; 1994 Code)

• A. Notice: If the City Council determines to modify or terminate the agreement other than at a hearing pursuant to Section 5-4-8 at which the property owner is represented, the City Clerk shall give notice to the property owner of its intention so to do. The notice shall contain:

  1. The time and place of the hearing; 
  
  2. A statement as to whether or not the City proposes to terminate or to modify 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; Decision: At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the Council is final.

• (Ord. 164, 2-2-85; 1994 Code)