Menifee Zoning Code Ch. 9.45 Development Agreement

Contents:

9.45.010 Purpose

9.45.020 Applicability

9.45.030 Application and Required Fees

9.45.040 Approving Authority

9.45.050 Public Hearing and Notice

9.45.060 Alterations

9.45.070 Findings for Approval

9.45.080 Notice of Decision

9.45.090 Effective Date

9.45.100 Appeals

9.45.110 Expiration

9.45.120 Extension of Time

9.45.130 Modifications

9.45.140 Required Content

9.45.150 Execution and Recordation

9.45.160 Annual Review

9.45.170 Violation of Agreement

The purpose of this chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
3. Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

1. Only a person who has legal or equitable interest in the subject property which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement.
2. The City may enter into a Development Agreement within the City limits or within unincorporated territory within the Sphere of Influence.

1. Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

1. Applications for a Development Agreement shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows:

2. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Development Agreement.

3. Approving Authority. The designated approving authority is authorized to approve, alter, or deny an application for a Development Agreement.

The Planning Commission shall hold a public hearing to make a recommendation on applications for a Development Agreement. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Development Agreement. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice).

In approving a Development Agreement, the approving authority may make alterations to the proposal to ensure that the proposed agreement will comply with the required findings.

Pursuant to Government Code Section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this chapter, the approving authority shall make all the following findings:

1. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
2. The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.
3. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
4. The proposed development agreement will not be detrimental to the health, safety and general welfare within the city.
5. The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values.
6. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.
7. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision).

Development Agreements shall become effective on the date specified in the agreement. For Development Agreements approved including property located outside the City limits within the Sphere of Influence which shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the agreement.

Actions taken by the City Council are final and are not subject to appeal.

A Development Agreement shall expire as specified in the terms of the agreement.

Extensions of time requested following execution of a Development Agreement shall be processed in accordance with Section 9.45.130 (Modifications).

Except as otherwise provided by law, a Development Agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. The procedure for initiating and adopting an amendment or termination, in whole or in part, is the same as the procedure for entering into the original agreement. A modification or termination of a Development Agreement shall be subject to the provisions of Section 9.45.150 (Execution and Recordation).

1. A Development Agreement shall specify:

2. The duration of the agreement.

3. The permitted uses of the property.

4. The density or intensity of the use.

5. The maximum height and size of proposed buildings.

6. Provisions for preservation or dedication of land for public purposes.

7. The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

8. For Development Agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

1. After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or his/her designee.
2. The City shall not execute a Development Agreement until it has been executed by the applicant.
3. Not more than 10 days following the execution of a Development Agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement.

The Community Development Director shall review the Development Agreement at least every 12 months. The applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director determines, based on substantial evidence, that the applicant, or successor in interest thereto has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.

1. Notwithstanding Subsection 9.45.160 (Annual Review), where the Community Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be scheduled to review the applicant’s conformance with the agreement. Procedures for the conduct of such hearing shall be the same as provided herein for consideration of the original agreement. If, on the basis of substantial evidence, the applicant, or successor in interest thereto, has not complied if good faith with the terms and conditions of the agreement, the City Council may amend or terminate the agreement.
2. For Development Agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void.