§ 17.148

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the state of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with

existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with State law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this Title. The City shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of Development Agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.148.030 - Application, filing, and processing.

A.

City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre-application process as set forth below.

B.

The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within fortyfive (45) days of receipt of the proposal, prepare a staff report containing the Department's recommendation to the City Council.

C.

The recommendation shall consist of the following:

1.

A statement of potential public benefits for the City if the agreement were entered into, as identified by the Community Development Director;

2.

A recommendation whether the City should negotiate further with the applicant, with supporting arguments;

3.

A statement of issues for further research and investigation, and issues which should be addressed in the Development Agreement; and

A statement of those documents, applications and other items required by the Community Development Director in order to further process the application or negotiate with the applicant.

D.

Upon receipt of the recommendation of the Community Development Director, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the Government Code.

E.

Upon the close of the hearing, the City Council shall either:

1.

Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or

2.

Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application.

F.

The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the recommendations thereon, to the Planning Commission.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Development Agreement is a legislative act that shall be approved by ordinance and is subject to referendum.

A.

Planning Commission.

1.

Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing pursuant to Chapter 17.156 (Public Hearings and Administrative Review). The Planning Commission hearing shall be scheduled for six months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date.

2.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

3.

After the public hearing is closed, the Planning Commission shall determine whether the agreement is consistent with the General Plan, shall recommend either approval, modification, or disapproval of the proposed Development Agreement.

B.

City Council.

1.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application pursuant to Chapter 17.156 (Public Hearings and Administrative Review).

2.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

C.

All of the following findings shall be made by the City Council in conjunction with the approval of a Development Agreement:

1.

The agreement is consistent with the General Plan and with any Specific Plan.

2.

The agreement is consistent with the provisions of this Zoning Code.

3.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

That the City Council has considered the fiscal effect of the Development Agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

5.

Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

6.

That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.148.050 - Content of development agreement.

The Development Agreement shall contain the following:

A.

A legal description of the property sought to be covered by the agreement;

B.

A statement of concurrence in the application by the owner if the applicant is not the fee owner;

C.

A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

D.

A statement of terms and conditions relating to applicant financing of public facilities and required improvements;

E.

All proposed conditions, terms, requirements for subsequent City discretionary actions;

F.

A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights;

G.

The proposed time when construction would be commenced and completed for the entire project and any proposed phases;

H.

The termination date for the agreement;

I.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within three hundred (300) feet of the boundaries of the property;

J.

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred (300) feet of the boundaries of the property;

K.

A statement documenting that the project is consistent with the General Plan and all applicable specific plans; and

L.

Such other information as the Community Development Director may require by policy or to satisfy other requirements of law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after thirty (30) days following the second reading, unless a referendum is filed within that time.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

All Development Agreements shall be reviewed by the Community Development Director at least once every twelve (12) months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

B.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Upon a finding by the Community Development Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council.

C.

Any modification or termination is subject to the provisions of Section 17.148.080, below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 17.148.040, above. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any Development Agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.150 - SPECIFIC PLANS