Chapter 21.124 — DEVELOPMENT AGREEMENT

Development agreements are authorized by Government Code Section 65864 as a means of providing both the city and property owners with assurances that development projects can be completed under the terms, conditions, and regulations in effect at the time that authority to proceed with a project is granted. (Ord. 612 Exhibit A (part), 2008).

In accordance with Government Code Section 65865, any person having a legal or equitable interest in real property for the development of such property, or any authorized agent therefore, may apply to the city for a development agreement.

(Ord. 612 Exhibit A (part), 2008).

(a) Mandatory Contents. All draft and final development agreements shall, at a minimum, contain the following information:

• (1) The duration of the agreement.

• (2) The permitted uses of the property.

• (3) The density and intensity of permitted use.

• (4) The maximum height and size of proposed buildings.

• (5) Provisions for reservation or dedication of lands for public purposes.

• (b) Optional Contents. The development agreement may also contain the following information:

• (1) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such

conditions, terms, provisions and requirements do not prevent development of land for the purposes and level of use set forth in the agreement.

(2) Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

(Ord. 612 Exhibit A (part), 2008).

Except as provided below, development agreement applications shall be processed in accordance with the standard processing provisions of this article:

(1) Planning commission recommendation. The planning commission recommendation to city council on all development agreement applications shall be in the form of an adopted resolution for approval, approval with modifications, or denial of the application.

(2) Modifications. If the city council proposes any substantial modification to the development agreement not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with the authority to act without the recommendation.

(Ord. 612 Exhibit A (part), 2008).

A development agreement may only be granted when the city council makes all of the following findings:

(1) The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other adopted plans or policies applicable to the agreement;

(2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

(4) The development agreement is consistent with the provisions of California Government Code Section 65864 through 65869.5.

(Ord. 612 Exhibit A (part), 2008).

If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the effective date of the ordinance approving the development agreement, the city may enter into the agreement. (Ord. 612 Exhibit A (part), 2008).

Within ten days after the effective date of a development agreement or any amendment thereof, the city clerk shall have the agreement or amendment recorded with the Los Angeles County Recorder. Additionally, the city clerk shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement. (Ord. 612 Exhibit A (part), 2008).

Either the city or other parties to a development agreement may propose an amendment to or cancellation in whole or in part of an agreement previously entered into. The procedure to amend a development agreement is the same as the original adoption. However, for instances in which the city initiates the proposed amendment or cancellation, the city shall give notice to the parties to the agreement of the city's intention to initiate such proceedings. (Ord. 612 Exhibit A (part), 2008).

The city shall review the development agreement at least once every twelve months from the date the agreement is entered into. The community development director shall initiate review proceedings and notice the property owner(s) at least ten days prior to determination by the community development director. The community development director shall determine on the basis of substantial evidence whether or not the property owner has, for the period under review, compiled in good faith with the terms and conditions of the agreement. If so, the review shall be concluded.

However, if the city finds that the property owner(s) have not complied in good faith with the terms and conditions of the agreement during the period under review, the city council may hold a public hearing to modify or terminate the agreement.

(Ord. 612 Exhibit A (part), 2008).