Article 28 — Development Agreements

The purpose of Title 10 , Chapter 2 , Article 28 (Development Agreements) is to allow for the approval of development agreements.

• (a) Title 10 , Chapter 2 , Article 28 (Development Agreements) outlines the procedures and requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of Title 10 , Chapter 2 , Article 28 (Development Agreements) shall be fully consistent, and in full compliance, with the provisions of State law ( Government Code Article 2.5 of Chapter 4 of Division 1 of Title 7 , commencing with Section 65864) or as these Zoning Regulations may be amended or replaced from time to time), and shall be so construed.

• (b) In construing the provisions of any development agreement entered into in compliance with, Title 10 , Chapter 2 , Article 28 (Development Agreements), those provisions shall be read to fully effectuate, and to be consistent with, the language of Title 10 , Chapter 2 , Article 28 (Development Agreements), State law ( Government Code Article 2.5, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, in the following order:

  • (1) The plain terms of the development agreement itself;

  • (2) The provisions of Title 10 , Chapter 2 , Article 28 (Development Agreements); and

(3) The provisions of State law ( Government Code Article 2.5), cited above). (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 91, Ord. 941, eff. November 10, 2023)

• (a) Any person having a legal or equitable interest in real property may request and apply through the Director to enter into a development agreement provided the following:

  • (1) The development agreement, if approved, would be in the best interests of the City;

  • (2) The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Director;

  • (3) The application is made on forms approved, and contains all information required, by the Director and is filed with the Department in compliance with Section 10-2.1805 (Application filing); and

  • (4) The application is accompanied by all lawfully required documents, materials, and information.

• (b) The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other City departments for timely assistance in complying with Title 10 , Chapter 2 , Article 28 (Development Agreements).

• (c) Processing fees, as established by resolution of the Council, shall be collected for an application for a development agreement made in compliance with this article. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director, in compliance with Section 102.2807 (Periodic review).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 92, Ord. 941, eff. November 10, 2023)

• (a) The Director, upon finding the application for a development agreement complete and in compliance with the City's CEQA guidelines, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Title 10 , Chapter 2 , Article 29 (Public Hearings). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approves conditionally, approves, or disapproves the application.

• (b) Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Title 10 , Chapter 2 , Article 29 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application.

• (c) Notice of the hearings identified in subsections (a) and (b) of this section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867 ).

• (d) Should the Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the City Manager.

• (e) The ordinance shall contain findings, and the facts supporting them, that the development agreement:

  • (1) Would be in the best interests of the City;

  • (2) Is consistent with the actions, goals, objectives, and policies of the General Plan and these Zoning Regulations; and

  • (3) Would promote the public convenience, health, interest, safety, and welfare of the City.

• (f) The ordinance may be subjected to referendum in the manner provided by State law (Government Code Section 65867.5 ).

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 93, Ord. 941, eff. November 10, 2023)

• (a) Mandatory contents. A development agreement shall contain the following provisions in compliance with State law (Government Code Section 65865.2 ):

  • (1) Specify the duration of the agreement;

  • (2) Specify the allowed uses for the subject property;

  • (3) Specify the density/intensity of the allowed uses;

  • (4) Describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;

  • (5) Describe the provisions, if any, for reservation or dedication of land for public purposes;

  • (6) Describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees;

  • (7) Provide for a tiered amendment review procedure that may incorporate the following:

    • (A) Director approval for minor modifications,

    • (B) Commission approval for major modifications, and

    • (C) Council approval for major amendments; and

  • (8) Provide for the possibility of subsequent discovery of health and safety issues like a "compelling public necessity" (e.g., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.

• (b) Permissive contents. A development agreement entered into in compliance with this article may include the following provisions:

  • (1) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density and intensity of development specified in the agreement;

  • (2) Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;

  • (3) Terms and conditions relating to applicant financing of necessary public improvements and facilities including applicant participation in benefit assessment proceedings; and

  • (4) Any other terms, conditions and requirements as the Council may deem necessary and proper, including requirements for ensuring, to the satisfaction of the Director, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.

• (§ 3, Ord. 771, eff. February 13, 2004)

• (a) The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective; and

• (b) A development agreement shall be recorded in the office of the County Recorder no later than 10 days after it is executed.

• (§ 3, Ord. 771, eff. February 13, 2004)

The approval or conditional approval of a development agreement in compliance with this article shall be deemed a discretionary act for purposes of CEQA. (§ 3, Ord. 771, eff. February 13, 2004)

• (a) Every development agreement approved and executed in compliance with this article shall be subject to periodic City review during the full term of the agreement. The review schedule shall be specified in the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 10-2.2802 (Application), subsection (c) .

• (b) The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s)-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City.

• (c) If, as a result of periodic review in compliance with this subsection, the Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has not complied in good faith with the terms or conditions of the development agreement, the Council may order, after a noticed public hearing in compliance with Section 10-2.2807 (Periodic review) subsection (c) , that the agreement be terminated or modified.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 94, Ord. 941, eff. November 10, 2023)

• (a) Unless otherwise provided by the development agreement, the rules, regulations and official policies governing allowed 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 by the development agreement, the agreement does 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 under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

• (§ 3, Ord. 771, eff. February 13, 2004)

Development agreements approved by the Council shall be on file with the City Clerk. (§ 3, Ord. 771, eff. February 13, 2004)

All development agreements shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805 , Application Filing; Article 29 , Public Hearings; and Article 30 , Appeals.

(§ 3, Ord. 771, eff. February 13, 2004)