La Habra Heights Municipal Code Ch. 7.20 Development Agreements

This Chapter outlines the procedures and requirements for the review and approval of development agreements. The provisions of this Chapter are fully consistent with the provisions of State law governing development agreements (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the California Government Code). (Ord. 2013-04 § 4)

A. Filing. Any owner or lessee of real property may request and apply through the Community Development Director to enter into a development agreement provided the following are met:

1. The status of the applicant as the owner or lessee of the property or the designated
agent of the owner or lessee is established to the satisfaction of the Community
Development Director; and

2. The application is made on forms approved, and contains all information required, by
the Community Development Director.

Notwithstanding any other provision of this Code, an application for a development
agreement shall contain the following information:

a. The name and address of the applicant and of all persons and entities having any
legal or equitable interest in the property which is the subject of the proposed
development agreement;

b. Evidence demonstrating that the applicant has a legal or equitable interest in the
property which is the subject of the proposed development agreement;

c. A legal description of the real property, title report, and a listing of the
Assessor’s parcel numbers for the property, including an approximation of the
total area of the property which is the subject of the proposed development
agreement;

d. Information detailing the current uses of the subject property and all existing
development on the site, including any existing legal nonconforming uses or
structures on the site;

e. Identification of the location of the property with respect to neighboring
development;

f. A description of the planned development of the property in sufficient detail to
identify the intended permitted uses and development of the property, typically
requiring complete structural plan and elevation views of any structures together
with a site plan identifying the existing and proposed topography of the
property; and

g. Any explanatory text, plans, maps, drawings, pictures, and such other documentation, information and supporting data as the Community
Development Director may request.
A separate development agreement application shall be filed for each development
project for which a development agreement is requested.

B. Processing. The Community Development Director is empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements. The Community Development Director shall determine whether an application for a development agreement is complete.

C. Fees. Processing fees shall be collected for any application for a development agreement
made in compliance with the provisions of this Chapter.
(Ord. 2013-04 § 4)

A. Planning Commission Review. Upon determining that the application for a development agreement is complete, the Community Development Director shall set the application, together with staff recommendations, for a public hearing before the Planning Commission in compliance with Chapter 8.4. Following the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council.

B. City Council Consideration. Upon receipt of the Planning Commission’s
recommendation, the City Clerk shall set the application, proposed ordinance adopting the
agreement, and written report for public hearing before the City Council in compliance
with Chapter 8.4. Following conclusion of the public hearing, the City Council shall
approve, conditionally approve or disapprove the application.

C. City Council Action. Should the City Council approve or conditionally approve the
application and grant first reading to the proposed ordinance, it shall as a part of its action
to direct the preparation of a development agreement embodying the terms and conditions
of the application as approved or conditionally approved. Upon final reading the City
Council shall adopt an ordinance authorizing the City Manager to execute the development
agreement. The City Council’s approval of a development agreement by ordinance is a
legislative act subject to referendum.

D. Ordinance Content. The ordinance approving the development agreement shall contain
findings that the development agreement is consistent with this Chapter, the General Plan,
and any applicable specific plans.
(Ord. 2013-04 § 4)

A. Mandatory Contents. All development agreements shall contain the following provisions:

1. Duration of the agreement;

2. Permitted uses for the subject property;

3. Density or intensity of the permitted uses;

4. Approved site plans, elevations, floor plans and sections, including the maximum
height and size of proposed buildings;

5. Provisions, if any, for reservation or dedication of land for public purposes or other
contribution to public improvements and amenities of benefit to the City;

6. Protection from either a future growth control ordinance or a future increase in
development impact fees;

7. Provisions that address the applicable environmental review for the project;

8. Provisions requiring periodic review of the development agreement under Section
7.20.60; and

9. Provisions which would necessitate a reconsideration or amendment of the
development agreement if any health and safety issues of compelling public necessity
are discovered (i.e., a new environmental health hazard is discovered).

B. Permissive Contents. A development agreement may include the following at the option
of the City Council:

1. Conditions, terms, restrictions and requirements for subsequent discretionary actions,
provided that these provisions shall not prevent development of the land in the manner
specified in the agreement;

2. Provisions which require that construction shall be commenced within a specified
time and that the project, or any single phase, be completed within a specified time;

3. Terms and conditions relating to applicant financing of necessary public
improvements and facilities, including applicant participation in benefit assessment
proceedings; and

4. Any other terms, conditions and requirements as the City Council may deem
necessary and proper, including, a requirement for ensuring, to the satisfaction of the
City, performance of all provisions of the agreement in a timely fashion by the
applicant/contracting party.

C. Construction and Interpretation. In defining the provisions of any development
agreement executed in compliance with this Chapter, each provision shall be consistent
with the language of this Chapter, State law (Article 2.5 of the California Government
Code, cited above), and the agreement itself. Should any 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 State law (Government Code Sections 65864 et seq., cited above);
and

3. The provisions of this section.
(Ord. 2013-04 § 4)

A. Effective Date. The City Manager shall execute development agreements on or after the effective date of the ordinance approving the development agreement, as directed to do so by the City Council.

B. Recordation. A development agreement shall be recorded in the office of the Los Angeles
County recorder no later than ten (10) days after it is executed.
(Ord. 2013-04 § 4)

A. Review Required. Every development agreement approved and executed in compliance with this section shall be subject to periodic City review during the full term of the agreement, at least once every twelve (12) months. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant in compliance with Section 8.2.30(E).

B. Purpose of Review. The purpose of the periodic review shall be to determine whether the
applicant or its successor-in-interest has complied in good faith with the terms of the
development agreement. The burden of proof shall be on the applicant or its successor to
demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

C. Action Based on Noncompliance. If, as a result of periodic review, the City Council finds
and determines, on the basis of substantial evidence, that the applicant or its successor-in-
interest has not complied in good faith with the terms or conditions of the agreement, the
Council may order, after a noticed public hearing, that the agreement be terminated or
modified.
(Ord. 2013-04 § 4)

A. Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations and official policies governing permitted uses of the land, density and 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. Additional Requirements. A development agreement does not prevent the City, in
subsequent actions, from applying new rules, regulations and policies that do not conflict
with those applicable to the property, nor does a development agreement prevent the City
from conditionally approving or disapproving any subsequent development project
application on the basis of existing or new rules, regulations and policies.
(Ord. 2013-04 § 4)

A. Changes to Approved Development. Other than a termination or modification of a development agreement under Section 7.20.60(C), any cancellation or amendment to a development agreement must be approved by mutual agreement of the parties to the agreement. The procedure for amending or canceling a development agreement shall be the same as the procedure for approval of the agreement, including notice of public hearings on the matter in the manner provided by Section 7.20.30. The Community Development Director is authorized to correct typographical errors, references to statutes, code provisions, exhibits, page and section numbers, to correct maps, and to make any similar nonsubstantive changes to the agreement without processing an amendment. If any development agreement is amended during its term, any change in the overall intensity of development or revisions to approved land uses shall be consistent with the provisions of the General Plan. In any case where State law requires a finding of consistency with the General Plan in order to approve an amendment to a development agreement, the provisions of the amendment shall be made consistent with the General Plan.

B. Extension of Agreement. If the term of a development agreement is extended, any
development that occurs after the original expiration date shall be consistent with the
provisions of the General Plan as of the adoption date of the amended development
agreement.
(Ord. 2013-04 § 4)