Mammoth Lakes Municipal Code Ch. 17.104 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 § 65864 et seq. and as these sections may be amended from time to time.

(Code 1990, § 17.108.010; Ord. No. 14-02, § 4, 3-19-2014)

(a) Qualified applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property, as determined in the sole discretion of the Town, which is the subject of the development agreement. An applicant shall also include an authorized agent of the property owner. The Town 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.

(b) Contents of application.

(1) An application for a development agreement shall be made to the Community and Economic Development Department on a form provided for that purpose pursuant to Chapter 17.60. All required information identified on the form shall be provided by the applicant. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.104.040.

(2) All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit such information and supporting data as is necessary to evaluate and process the application.

(c) Development plan. An application for a development agreement shall be accompanied by a development plan. A development plan may consist of maps, plans, reports, development and performance standards, schematic drawings, or such other documents deemed necessary by the Director. The development plan shall be sufficiently detailed to illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. A development plan may be a specific plan, master plan, tentative map, use permit, design review, or other similar type of development plan.

(d) Fees. The applicant shall pay the fees and charges established by the Town Council for the filing and processing of a development agreement. Additionally, appropriate fees may be established and collected for periodic reviews conducted by the Town in compliance with State law and Section 17.104.090.

(e) Form of agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. All documents required, whether the agreement or any attachments and exhibits, shall be suitable for recordation.

(Code 1990, § 17.108.020; Ord. No. 14-02, § 4, 3-19-2014)

(a) Pre-application procedure. Prior to submitting an application for a development agreement, the applicant should hold preliminary consultations with the Community and Economic Development Department to provide the applicant information and guidance.

(b) Town Council notification of application. After a development agreement application has been submitted consistent with Section 17.104.020, the Director shall provide written notification to Town Council of the application.

(c) Public hearings.

(1) Planning and Economic Development Commission's action. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission. Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

(2) Town Council's action. Upon receipt of the Commission's recommendation, the Town Clerk shall set the application and written recommendation of the Commission for a public hearing before Town Council. Council 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. Following conclusion of a public hearing, the Council shall approve, conditionally approve, or deny the application.

(3) Rules governing conduct of hearing. Public hearings shall be conducted in compliance with Chapter 17.120. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.

(4) Irregularity in proceedings. 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 application, finding, hearing, notice, petition, recommendation, record, report, or any matters of procedure 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.

(d) Approval of a development agreement. If the Council approves or conditionally approves a development agreement, it shall do so by the adoption of an ordinance containing the findings required by Section 17.104.040 and the facts supporting them.

(e) Referendum. The ordinance is subject to referendum in compliance with Government Code § 65867.5.

(Code 1990, § 17.108.030; Ord. No. 14-02, § 4, 3-19-2014)

The Commission's written recommendation to Council shall include the Commission's findings and determination whether or not the development agreement meets the required findings listed herein. The Council may approve a development agreement, with or without conditions, only after all of the following findings are made:

(1) That the agreement is consistent with the goals, policies, general land uses and programs specified in the Town's general plan and any applicable specific plan;

(2) That the agreement and accompanying development plan are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone classification in which the subject property is located;

(3) That the agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;

(4) The development agreement shall be shown to be of greater benefit to the community than development under present zoning; and

(5) The term or duration of the agreement has a commensurate relationship to the benefits provided.

(Code 1990, § 17.108.040; Ord. No. 14-02, § 4, 3-19-2014)

(a) Mandatory contents. A development agreement shall contain the mandatory provisions specified in Government Code § 65865.2 and other required terms, including the following:

(1) The duration of the agreement.

(2) The permitted uses of the property.

(3) The density or intensity of uses.

(4) The maximum height and size of proposed structures.

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

(6) Provisions requiring annual review pursuant to Government Code § 65865.1.

(7) A general phasing plan.

(b) Permissive contents. A development agreement may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by Government Code § 65865.2, and any other terms determined to be appropriate and necessary by the Council.

(Code 1990, § 17.108.050; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 26), 1-21-2015)

(a) Effective date. The Town shall not execute any development agreement until, on, or after the date upon which the ordinance approving the agreement, enacted in compliance with this chapter, becomes effective, and until it has been executed by the applicant.

(b) Mutual consent required. A development agreement may be executed only upon the mutual consent of each party to the agreement.

(c) Recordation. A development agreement shall be recorded with the County recorder no later than ten days after it is executed, in compliance with Government Code § 65868.5.

(Code 1990, § 17.108.060; Ord. No. 14-02, § 4, 3-19-2014)

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(Code 1990, § 17.108.070; Ord. No. 14-02, § 4, 3-19-2014)

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with Government Code § 65868. The procedure for proposing an adoption of an amendment to or cancellation of a development agreement is the same as the procedure for entering into a development agreement as specified in this chapter. If the parties to the agreement or their successors in interest amend or cancel the development agreement as provided in Government Code § 65868, the Town shall have notice of such action recorded with the County Recorder's office.

(Code 1990, § 17.108.080; Ord. No. 14-02, § 4, 3-19-2014)

(a) Generally. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic review every 12 months or less by the Town during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by, the Town.

(b) Initiation of periodic review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior calendar year.

(c) Fees. Appropriate fees to cover the Town's costs to conduct the periodic reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each periodic review. These fees may be established in the development agreement or by Town Council consistent with Chapter 17.60.

(d) Determination upon review. The Director shall review materials furnished by the applicant, contracting party, or successor in interest to 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 determination.

(1) If the Director 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. The Director shall deliver a report of the determination to the Town Council.

(2) If the Director 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 Town may modify or terminate the development agreement in compliance with Government Code § 65865.1.

(Code 1990, § 17.108.090; Ord. No. 14-02, § 4, 3-19-2014)

If, upon a finding under Section 17.104.090(e)(2), the Town determines to proceed with modification or termination of a development agreement, the Town shall give notice to the property owner of its intention to do so. The procedure for modifying or terminating a development agreement is the same as the procedure for entering into a development agreement as specified in this chapter. If the Town modifies or terminates a development agreement in accordance with this chapter, the Town shall have notice of such action recorded with the County Recorder's office.

(Code 1990, § 17.108.100; Ord. No. 14-02, § 4, 3-19-2014)

(a) Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing permitted uses of the land, density, 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) Unless specifically provided for in the development agreement, the agreement does not prevent the Town, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the Town from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Code 1990, § 17.108.110; Ord. No. 14-02, § 4, 3-19-2014)

Development agreements approved by the Council shall be on file with the Town Clerk.

(Code 1990, § 17.108.120; Ord. No. 14-02, § 4, 3-19-2014)