Chapter 23.158 — Development Agreements

This chapter establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5 .

The council finds and declares the use of development agreements is beneficial to the public, in that:

• A. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

• B. Development agreements provide 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, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

• C. Development agreements enable the city to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

(Ord. 27-2008 § 1 (Exh. A § 1.20.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The city may establish a development agreement between the city and any other person having legal or equitable interest in real property for the development of that property. Development agreements that contain a legislative or quasi-judicial land use decision or request a final decision on a land use action are governed by this section. The following include situations in which the city may seek a development agreement:

• A. Multiple-party, partnership, multiple-landowner situations;

• B. Large or complex infrastructure requirements;

• C. Timing and/or phasing issues;

• D. Redevelopment and urban renewal projects.

(Ord. 27-2008 § 1 (Exh. A § 1.20.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for a development agreement shall be filed in accordance with RCMC § 23.110.040 (Application requirements) and RCMC § 23.158.035 (Application content required).

(Ord. 4-2017 § 3 (Exh. B))

In addition to such terms as the partner may agree to, a development agreement shall contain the mandatory provisions specified by state law (Government Code Section 65865.2 ) including the following specific provisions:

• A. The duration of the agreement.

• B. The permitted uses of the property.

• C. The density or intensity of permitted uses.

• D. The maximum height and size of proposed structures.

• E. Provisions for reservation or dedication of lands for public purposes.

• F. Statement by a licensed civil engineer that the property does not lie in a protected 200-year floodplain. If any part of the property lies in a protected 200-year floodplain, the development agreement shall contain conditions that will provide urban level of flood protection to the property.

(Formerly 23.158.040; Ord. 27-2008 § 1 (Exh. A § 1.20.040); Ord. 12-2011 § 3 (Exh. A); Ord. 7-2016 § 2 (Exh. 1B); Ord. 4-2017 § 3 (Exh. B))

The development agreement may also contain the following information:

• A. Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such that the development of land for the purposes and level set forth in the agreement is limited.

• B. Requirements that the construction be commenced within a specific time period and that the project or any phase thereof be completed within a specific time frame.

• (Ord. 4-2017 § 3 (Exh. B))

Development agreements are a discretionary legislative decision by the council pursuant to RCMC § 23.104.030 (Recommending and approval authority). The city manager shall execute any development agreement approved. (Ord. 4-2017 § 3 (Exh. B))

A public hearing and hearing notice shall be required for review and processing of a development agreement in accordance with the following:

• A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC § 23.110.120 (Notice of public hearing).

• B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC § 23.110.130 (Public hearing procedures). (Ord. 4-2017 § 3 (Exh. B))

The council may grant a development agreement after finding all of the following. If the council does not make all of these findings, the development agreement shall not be approved.

• A. The development agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other applicable Specific Plans.

• B. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.

• C. The development agreement will promote the orderly development of property or the preservation of property values.

• D. The development agreement does not pertain to any property in the protected 200-year floodplain, unless the development agreement contains conditions that will provide an urban level of protection to the property consistent with California Government Code Section 65865.5 .

• (Formerly 23.158.050; Ord. 27-2008 § 1 (Exh. A § 1.20.050); Ord. 12-2011 § 3 (Exh. A); Ord. 7-2016 § 2 (Exh. 1B); Ord. 4-2017 § 3 (Exh. B))

The approval authority may require modifications to the development agreement in whole or in part to ensure consistency with the General Plan and conformance with all applicable provisions of this title.

(Ord. 4-2017 § 3 (Exh. B))

Development agreements are not subject to appeal.

(Ord. 4-2017 § 3 (Exh. B))

• A. Expiration Date Required. Development agreements shall include terms of expiration of the development agreement.

• B. Extension. If 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 unless otherwise negotiated in the agreement.

• (Ord. 4-2017 § 3 (Exh. B))

• A. Amendments to development agreements shall be processed in the same manner as the original development agreement.

• B. If any development agreement is amended during its term, any change shall be consistent with the provisions of the General Plan and any applicable Specific Plan.

• (Ord. 4-2017 § 3 (Exh. B))

• 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 county recorder no later than 10 days after it is executed.

• (Ord. 4-2017 § 3 (Exh. B))

• A. Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations, and official policies governing allowed uses of the land, density and intensity of use, 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.

• (Ord. 4-2017 § 3 (Exh. B))

The director shall review the development agreement every 12 months from the date the agreement is entered into and provide a written report to the council. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also bear the cost of such review in accordance with the fee or deposit established by the council resolution. If the director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the council, the director may schedule the matter before the council for review. (Ord. 4-2017 § 3 (Exh. B))