Salinas Municipal Code Div. 11 Development Agreements

The purpose of this division is to provide a process so that, upon approval of a project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. Figure 37-60.70 illustrates the development agreement process.

(Ord. No. 2463 (NCS).)

An applicant may propose that the city consider entering into a development agreement pursuant to Article 2.5, Chapter 4, Title 7 of the Government Code (Section 65864 et seq.), by filing an application with community planning and development in accordance with Division 2: Application Procedures of this article. The completed application form shall be accompanied by the following:

(a) A proposed agreement, which shall contain the following:

(1) A legal description of the property sought to be covered by the agreement,

(2) A statement of concurrence in the application by the owner(s) if the applicant is not the fee owner(s),

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

(4) The application may include proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions, provided that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or development set forth in the agreement, and

(5) The duration date for the agreement;

(b) A written statement documenting how the project is consistent with the Salinas general plan and all applicable adopted plans;

(c) Such other information as community planning and development may require by policy or to satisfy other requirements of law.

(Ord. No. 2463 (NCS).)

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(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and, upon completion of such review and a review of the required finding ( Section 37-60.810: Required finding of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of the public hearing, the planning commission shall make written recommendations to the city council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.810: Required finding of this division.

(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive a majority vote resulting in no action being taken by the planning commission, the application shall be forwarded directly to the city council with a record of the planning commission's vote and the commission proceedings thereon.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission makes a recommendation on the application, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The city council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or reject the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of an amendment (such a modification may require additional environmental review in accordance with CEQA if determined applicable by the city planner). Prior to the adoption of a development agreement, the city council shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.810: Required finding of this division. Any approval of a proposed development agreement shall be made by ordinance. The modification or approval of a development agreement is subject to the approval of the applicant.

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council, prior to approving, or approving with conditions or modifications a development agreement, shall on the basis of the application and testimony submitted make the following finding:

(a) The development agreement is consistent with the Salinas general plan, any applicable specific plan, and other applicable plans and policies adopted by the Salinas city council.

(b) A development agreement that includes a subdivision shall not be approved unless the agreement provided that any tentative map prepared for the subdivision will comply with the provisions of Government Code Section 66473.7.

(Ord. No. 2463 (NCS).)

(a) Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. Any such amendment or cancellation shall be by mutual consent of the parties or successors in interest, except as provided in Section 37-60.850: Modification or termination by city, or Section 37-60.860: Modification or suspension to comply with state or federal laws or regulations.

(b) The procedure for the proposal and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into a development agreement in the first instance.

(Ord. No. 2463 (NCS).)

No later than ten days after the city council enters into the development agreement, the city clerk shall file the agreement for recordation with the Monterey County recorder's office. If parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the development agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall file such action for recordation with the Monterey County recorder.

(Ord. No. 2463 (NCS).)

The city shall review the development agreement at least every twelve months from the date of the executed agreement. The city planner shall be responsible for such periodic review. If, as a result of such periodic review, the city planner determines, on the basis of substantial evidence, that the applicant or successor in interest has complied in good faith with terms or conditions of the development agreement, the review for that period is concluded.

(Ord. No. 2463 (NCS).)

(a) If the city planner determines that the applicant or successor in interest has not complied in good faith with terms and conditions of the agreement, the city planner shall cause the matter to be set for a public hearing with the city council to consider termination or modification of the agreement.

(b) The city council shall conduct a public hearing at which the applicant or successor in interest must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant or successor in interest.

(c) The city council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(d) During the public hearing, the applicant, successor in interest and the public shall be given an opportunity to be heard. The city council may refer the matter to the planning commission for further proceedings or for report and recommendations. The city council may impose those conditions to the action it takes, as it considers necessary to protect the interests of the city. The decision of the city council is final.

(e) If the city council finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the procedure is concluded.

(f) Modification or termination of the development agreement by the city council shall be filed by the city clerk for recordation with the Monterey County recorder's office.

(Ord. No. 2463 (NCS).)

In the event that 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 modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. No. 2463 (NCS).)

The issuance of a development agreement shall not relieve the permittee of any requirement to obtain other permits or licensing from the city, or any county, regional, state, or federal agencies.

(Ord. No. 2463 (NCS).)