Mountain House Municipal Code Ch. 3 Implementation of Development Agreements

The intent of this Chapter is to describe the legal effect of a Development Agreement and to prescribe how the agreement is monitored, modified, and canceled.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless amended or canceled pursuant to Section 9-13-305 and except as provided in Section 9-13-306, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable General Plan, Specific Plan, Special Purpose Plan, zoning, subdivision, or building regulation adopted by the City which alters or amends the rules, regulations, or policies specified in Section 9-13-303.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Laws in Effect. Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement.

(b) Subsequent Actions. A Development Agreement shall not prevent the City, 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 as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies.

(c) Emergency Situations. The County may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the suspension.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Frequency of Review. The Director of the Community Development Department shall cause the Development Agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the Planning Commission or City Council.

(b) Good Faith Compliance. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement as part of the review.

(c) Termination or Modification. If the City finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the City may terminate or modify the agreement.

(1) Action to terminate or modify the agreement may be initiated only by the Planning Commission or the City Council; and

(2) No action to terminate or modify the agreement shall be taken without the Public Hearing Review Procedure in Chapter 5 of Division 2.

(d) Payment of Periodic Review. The cost of the annual review of the Development Agreement shall be paid for by the party (or the party's successor in interest) who entered into the Development Agreement with the City. The payment shall cover the actual cost to the City of conducting said annual review, including employee salaries and benefits, overhead, and materials.

(Ord. 2024-18, § 1(Exh. A), 2024)

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. An agreement shall be amended or canceled using the same process as was used for its adoption.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Modification or Suspension. In the event that state or federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Development Agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(b) City Action. Any action pursuant to this Section shall be taken by the City Council at a Public Hearing, in accordance with the Public Hearing Review Procedure in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)