Mountain House Municipal Code Ch. 2 Adoption of Development Agreements

The intent of this Chapter is to specify the contents of a Development Agreement and the process for its adoption.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County may enter into a Development Agreement, pursuant to the California Government Code, with any person having a legal or equitable interest in real property located within the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Development Agreement shall specify the following:

(a) The duration of the agreement;

(b) The permitted uses of the property;

(c) The density or intensity of use;

(d) The maximum height and size of buildings;

(e) Provisions for reservation or dedication of land for public purposes; and

(f) The property that is subject to the agreement.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Development Agreement may contain the following:

(a) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, or requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;

(b) A date upon which construction must commence and a date when the project or any phase of the project must be complete;

(c) Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;

(d) Restrictions on the assignability of the agreement by the applicant and, if assignable, provisions ensuring that the successor in interest assumes the obligations under the agreement;

(e) Provisions for minor modification of the Development Agreement; and

(f) Other terms and conditions related to the proposed project which are mutually agreeable to the parties.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Development Agreement shall be the Public Hearing Review Procedure as set forth in Chapter 5 of Division 2, with the following modifications:

(a) Planning Commission Review. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval or denial of the Development Agreement to the City Council.

(b) Decision by City Council. Final action on the Development Agreement shall be taken by the City Council at a Public Hearing.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving a Development Agreement, the Review Authority shall find that all of the following are true:

(a) Consistency. The provisions of the Development Agreement are consistent with the General Plan and any applicable Master Plan, Public Financing Plan, Specific Plan, and Special Purpose Plan for the area; and

(b) Development Title. The proposed development complies with all provisions of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

No later than ten (10) days after the final approval of a Development Agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto.

(Ord. 2024-18, § 1(Exh. A), 2024)