Porterville Municipal Code § 609.02 Objective

The purpose of this article is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and conditions that were applicable at the time of project approval, and in a manner consistent with section 65864 et seq., of the Government Code. (Ord. 1801, 12-3-2013)

The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements. (Ord. 1801, 12-3-2013)

To enter into a development agreement, the city shall find that:

A. A person has a legal or equitable interest in real property for the development of such property; and

B. The development project is consistent with the general plan and any applicable specific plan. (Ord. 1801, 12-3-2013)

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 or facilities 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 shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. (Ord. 1801, 12-3-2013)

An application for a development agreement shall be made to the zoning administrator on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the city council and will be processed in conjunction with other associated discretionary permits. (Ord. 1801, 12-3-2013)

Upon receipt of a development agreement application, the zoning administrator shall initiate and notice the public hearing pursuant to the provisions of article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)

The zoning administrator shall prepare a report on the development agreement application and provide a recommendation to the city council based on the following findings:

A. The project is consistent with the general plan and any applicable specific plan.

B. The project is authorized by the ordinance as it relates to use and development standard regulations.

C. The project will not be detrimental to the public health, safety and general welfare.

D. The project will provide sufficient benefit to the city to justify entering into the development agreement.

E. The project will not have a significant impact on the environment. (Ord. 1801, 12-3-2013)

Following a public hearing, the city council shall consider staff's recommendation and shall take action on the development agreement. The council can approve, approve with modifications or deny the development agreement. If the council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the agreement with the applicant. (Ord. 1801, 12-3-2013)

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant, the procedure shall be the same as the procedure for entering into an agreement. However, where the city council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty (30) days' notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing. (Ord. 1801, 12-3-2013)

A. Within ten (10) days after the city enters into the development agreement, the city shall have the agreement recorded with the county recorder.

B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city shall have notice of such action recorded with the county recorder. (Ord. 1801, 12-3-2013)

A. The zoning administrator shall review the development agreement at least once every twelve (12) months from the date the agreement is entered into. The community development department shall report the findings to the city council. The time for review may be modified by agreement between the parties.

B. Should the zoning administrator find that the developer is in noncompliance or not performing consistent with the development agreement, the director shall report this finding to the city council. The city council may terminate the development agreement consistent with section 609.09, "Initiation Of Amendment Or Cancellation", of this article. (Ord. 1801, 12-3-2013)