Pismo Beach Municipal Code Ch. 17.48 Development Agreements

This chapter outlines the procedures and requirements for the review and approval of development agreements. The provisions of this chapter are fully consistent with the provisions of State law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Section 65864 of the California Government Code).

A. Filing. Any owner of real property may request and apply through the director to enter into a development agreement provided the following:

1. The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the director; and

2. The application is made on forms approved, and contains all information required, by the director.

B. Processing. The director is hereby empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

C. Fees. Processing fees, shall be collected for any application for a development agreement made in compliance with the provisions of this chapter.

A. Commission Review. Upon finding the application for a development agreement complete, the director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the commission in compliance with Chapter 17.58 (Public Hearings). Following conclusion of the public hearing, the commission shall make a written recommendation to the council.

B. Council Consideration. Upon receipt of the commission's recommendation, the city clerk shall set the application, draft agreement, and written report for public hearing before the council in compliance with Chapter 17.58 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application and draft agreement.

C. Council Action. Should the council approve or conditionally approve the application and draft agreement, it shall as a part of its action direct the preparation of a final development Agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the city manager.

D. Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this chapter, the general plan, and any applicable specific plans.

A. Mandatory Contents. All development Agreements shall contain the following provisions:

• 1. Duration of the agreement;
• 2. Permitted uses for the subject property;
• 3. Density or intensity of the permitted uses;
• 4. Approved site plans, elevations, floor plans, and sections;
• 5. Provisions, if any, for reservation or dedication of land for public purposes; and
• 6. Any other provisions required by State law.

B. Permissive Contents. A development agreement may include the following:

1. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that these provisions shall not prevent development of the land for the uses and to the density/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, but not limited to, applicant participation in benefit assessment proceedings; and

4. Any other terms, conditions and requirements as the council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

A. Effective Date. The city shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B. Recordation. A development agreement shall be recorded in the office of the San Luis Obispo County Recorder no later than ten days after it is executed.

A. Review Required. Every development agreement approved and executed in compliance with this section shall be subject to periodic city review, during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the applicant in compliance with Section 17.40.050 (Application Fees).

B. Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

C. Action Based on Non-Compliance. If, as a result of periodic review the council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.

A. Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations and official policies governing permitted uses of the land, density, and 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. Additional Requirements. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations and policies that do not conflict with those applicable to the property, 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.

A. Changes to Approved Development. If any development agreement is amended during its term, any change in the overall intensity of development or revisions to approved land uses shall be consistent with the provisions of the general plan. In any case where State law requires a finding of consistency with the general plan in order to approve an amendment to a development agreement, the provisions of the amendment shall be made consistent with the general plan.

B. Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the general plan as of the adoption date of the amended development agreement.