Petaluma Municipal Code Ch. 23 Development Agreements

Sections:

23.010 Purpose.

23.020 Where Used: Nature of Agreement.

23.030 Development Agreement Authorized.

23.040 Procedures.

23.050 Application.

23.060 Additional Requirements.

23.070 Hearings Required.

23.080 Periodic Review.

23.090 Requirements of Agreement.

23.100 Enforceability, Remedies.

23.110 E9ect of Agreement.

23.120 Amendment: Cancellation.

23.130 Recordation.

23.140 Con8icting Regulations.

The purpose of this article is to permit development agreements pursuant to Article 2.5 (commencing with Section

65864. of Chapter 4 of Title 7 of the Government Code. In connection therewith, the City Council hereby >nds as

follows:

A. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the

cost of housing and other development to the consumer, and discourage investment in and commitment to

comprehensive planning which would make maximum e@cient utilization of resources at the least economic cost

to the public.

B. 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, will strengthen the public planning process, encourage private participation in comprehensive planning,

and reduce the economic costs of development.

Development agreements as de>ned herein may be used in any zoning district authorized by this Zoning

Ordinance. Said agreements shall be considered a combining zone with the existing district, and their approval

shall be a legislative act, subject to referendum.

The City may enter into a development agreement with any person having a legal or equitable interest in real

property for the development of such property as provided in this article, so long as such person’s interest entitles

him to engage in such development.

The procedures stated in this article shall govern the issuance of development agreements.

Application for a development agreement shall be made in the same fashion as an application for an amendment

to the Zoning Ordinance, as stated in Chapter 25 hereof, together with the additional requirements of this

Chapter, to the extent that requirements of said Chapter 25 con?ict with this Chapter, this Chapter shall prevail. In

cases where both rezoning and a development agreement are applied for, duplicate documents need not be

submitted.

In addition to the requirements of Section 23.050, the following shall be submitted:

A. A copy of the proposed development agreement, or a substantive summary of the terms proposed to be

included in the agreement by the applicant.

B. A statement signed by the applicant setting out the justi>cation for the agreement, including a statement of

special >nancial or long-term project considerations which make preservation of existing zoning requirements

desirable throughout the life of the project.

C. Submission of the >ling fee as established by City Council resolution. In the absence of such resolution, the

fee shall be the same as for a rezoning application.

Notwithstanding other provisions of the Zoning Ordinance, a public hearing on an application for a development

agreement shall be held by the Planning Commission and by the City Council. Notice of intention to consider

adoption of a development agreement shall be given as provided in Sections 65854, 65854.5, and 65856 of the

Government Code, in addition to such other notice as may be required by law for other actions to be considered

concurrently with the development agreement.

At least every 12 months the Director shall review the project for good faith compliance with the terms of the

agreement by the applicant or successor in interest thereto. In the event the Director determines that there is not

good faith compliance, he shall refer the matter to the City Council, which shall determine, after a hearing, if good

faith compliance has occurred. If the City Council >nds that good faith compliance has not occurred, it may, in its

sole discretion, terminate or modify the agreement in order to best preserve the public health, safety and welfare.

A development agreement shall specify the duration of the agreement, the permitted uses of the property, the

density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or

dedication of land for public purposes. The development agreement may include conditions, terms, restrictions,

and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and

requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to

the density or intensity of development set forth in the agreement. The agreement may provide that construction

shall be commenced within a speci>ed time and that the project or any phase thereof be completed within a

speci>ed time. No such agreement shall con?ict with the requirements of the zone in which the project is located

at the time the agreement is approved, and all such agreements must be in conformity with the General Plan as it

exists at the time the agreement is approved.

Unless amended or canceled pursuant to Sections 23.080 or 23.120, a development agreement shall be

enforceable by any party thereto notwithstanding any change in any applicable general or speci>c plan, zoning,

subdivision, or building regulation adopted by the City, which alters or amends the rules, regulations or polices

speci>ed in Section 23.110. The remedies stated in this article shall not be construed as limiting any other remedy

provided by the Zoning Ordinance for violation thereof.

Unless otherwise provided by the development agreement, rules, regulations, and o@cial policies governing

permitted uses of the land, governing density, and governing design, improvement, and construction standards

and speci>cations, applicable to development of the property subject to a development agreement, shall be those

rules, regulations, and o@cial policies in force at the time of execution of the agreement. 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 con?ict 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 existing or new rules, regulations, and

policies.

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. Notice of intention to amend or cancel any portion of the agreement

shall be given in the manner provided by Section 23.110. An amendment to an agreement shall be subject to the

provisions of Section 23.020.

No later than 10 days after the City enters into a development agreement, the City Clerk shall record with the

County Recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time

of such recordation, the agreement shall impart such notice thereof to all persons as is aAorded by the recording

laws of this state. The burdens of the agreement shall be binding upon, and the bene>ts of the agreement shall

inure to, all successors in interest to the parties to the agreement, but the parties may specify that the agreement

cannot be assigned without written consent of the City.

In the event that applicable state or federal laws or regulations, enacted after a development agreement has been

entered into, prevent or preclude compliance with one or more provisions of the development agreement, such

provisions of the agreement shall be modi>ed or suspended as may be necessary to comply with such state or

federal laws or regulations.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s o@ce has the o@cial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s o@ce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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