San Ramon Municipal Code Ch. IV Development Agreements

Contents: D6-39 - Purpose D6-40 - Application Requirements D6-41 - Pre-Application Process D6-42 - Department Review and Recommendation D6-43 - Public Hearing Required D6-44 - Commission Action D6-45 - Council Action D6-46 - Annual Review D6-47 - Application of Existing Rules, Regulations, and Policies D6-48- Modification and Termination D6-49 - Zoning Administrator Responsibilities

A. Authorization of development agreements. 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 Government Code Section 65864 et seq., authorizing local governments to enter into development agreements with applicants for development projects. B. Objective. The objective of an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in compliance with existing policies, rules,

City of San Ramon, CA | Municipal Code 796

and regulations, subject to the conditions of approval, thus vesting certain development rights in the subject property. C. Purpose. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with State law.

A. Compliance with State law required. An applicant may propose that the City consider entering into a development agreement in compliance with Government Code Section 65864 et seq., by filing an application with the Department. B. Application requirements. An application for a development agreement shall be filed in compliance with Division D6, Chapter I (Permit Application Filling and Processing). The application shall be accompanied by the information identified in the Department handout for development agreement applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection D6-45 E. (Required findings), below.

A. Authorization by the Council following pre-application process. Unless otherwise directed by the Zoning Administrator, City staff shall not begin to negotiate with the applicant until the Council has so authorized staff, following completion of the pre-application process identified below. B. Review and preparation of Council recommendation. The Zoning Administrator shall review the proposal, consult with all City departments, obtain the additional information from the applicant as may be deemed necessary by the Zoning Administrator, and shall, within 45 calendar days of receipt of the proposal, prepare a report containing the Zoning Administrator’s recommendation to the Council. C. The written recommendation shall consist of the following: 1. A statement of the potential public benefits accruing to the City if the agreement were entered into, as identified by the Zoning Administrator; 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 that should be addressed in the development agreement; 4. A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant. D. The Council shall either: 1. Direct City staff to continue negotiating with the applicant, and to prepare a proposed development agreement for Commission review; or 2. Determine that no further negotiations are desirable and reject the application.

Unless the project is categorically exempt, the Department shall, at the applicant's expense and in compliance with City procedures for implementation of CEQA, undertake environmental review and, upon completion of the review, transmit the application, together with the Zoning Administrator's recommendations to the Commission.

City of San Ramon, CA | Municipal Code 797

A. Determination of compliance with the General Plan. Upon receipt of an application, the results of the environmental review, and the recommendations of the Department, the Commission shall schedule a public hearing to determine whether the proposal conforms to the General Plan. B. Scheduling of Commission hearing. The Commission hearing shall be scheduled within 180 days following Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date. C. Compliance with State law. Notice of intention to consider the application shall be given in compliance with State law (Government Code Sections 65090 and 65091) and Chapter D7-IV (Public Hearings). D. Compliance with notice for companion development project. If the development agreement application is being processed together with the development project, notice of the intention shall be given as required for consideration of the companion development project.

A. Commission’s recommendation. After the public hearing is closed, the Commission shall recommend either approval, modification, or disapproval of the proposed development agreement. B. Transmittal of recommendation within 30 days. The Commission shall transmit its recommendation to the Council and applicant within 30 calendar days following the Commission’s date of action.

A. Scheduling of Council hearing. Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Commission, the Council shall schedule a public hearing on the application. B. Notice in compliance with State law. Notice of intention to consider the application shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above. C. Hearing may be held concurrently with companion project. 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 companion development project. D. Council’s action. After the public hearing is closed, the Council shall approve, modify, or disapprove the proposed development agreement. E. Required findings. An agreement shall not be approved unless the Council makes the following findings: 1. The agreement is consistent with the General Plan and with any applicable specific plan; 2. The agreement is consistent with all provisions of this Zoning Ordinance, the Municipal Code, and the State Subdivision Map Act; 3. The agreement will not be detrimental to the health, safety, and general welfare and will not adversely affect the orderly development of property or the preservation of property values; 4. The Council has considered the effect of the development agreement 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. F. Approval by ordinance. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Mayor and the City Manager to sign the agreement on behalf of the City, and shall become effective after 30 calendar days following the second reading, unless a referendum is filed within that time in compliance with State law.

City of San Ramon, CA | Municipal Code 798

G. Signatures of owner and applicant required. The agreement shall not be signed by the Mayor and the City Manager until it has been duly signed by the applicant and owner, if the applicant is not the owner. H. Failure to sign within 30 days – withdrawal of application. If the applicant has not signed and returned the approved agreement to the Mayor and the City Manager for signing within 30 calendar days of Council approval, the application shall be deemed withdrawn by applicant. I. Recordation of agreement. Within 10 calendar days after the Mayor and the City Manager sign a development agreement and the ordinance becomes effective, the City Clerk shall cause a copy thereof to be recorded. J. Modification or suspension in compliance with State law. All agreement provisions are subject to modification or suspension in compliance with State law (Government Code Section 65864 et seq.)

Each development agreement shall be reviewed by the Planning Director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail. A. Maximum term of agreement. A development agreement shall be limited in its term to a maximum of 15 years from the effective date of the adopted ordinance. B. Extension of term of agreement. The City may specify in the agreement options to extend the agreement. C. Purpose of the review. 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. D. Preparation of report. Before each review, the Department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the Department wishes to bring to the City Manager's attention. E. Compliance with all terms and conditions – no further review required. If the Department review determines that all terms and conditions of the agreement have been met, and the Planning Director concurs in writing, no further review shall be required. F. Recommendation for modification or termination – Commission hearing first required. If the Department report recommends modification or termination of the agreement, or if the Zoning Administrator proposes to make a recommendation to the Council, a public hearing before the Commission shall first be scheduled and conducted. G. Notice in compliance with State law. Notice of the Commission’s intention to modify or terminate the agreement shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above. H. Applicant’s responsibility during hearing. At the hearing the applicant shall have the burden of demonstrating good faith compliance with the terms and conditions of the agreement. I. Commission’s recommendation. After closing the public hearing, the Commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is. J. Scheduling of Council hearing. Upon receipt of the Zoning Administrator's or Commission's recommendation, the Council shall schedule a public hearing. K. Notice in compliance with State law. Notice of the Council’s intention to modify or terminate the agreement shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above.

City of San Ramon, CA | Municipal Code 799

L. Council’s action to modify or terminate the agreement. If, after the public hearing is closed, 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 and conditions of the agreement, the Council may modify or terminate the agreement. M. Compliance with Section D6-48 required. Any modification or termination shall be in compliance with Section D6-48 (Modification and Termination), below.

A. Applicable policies, regulations, and rules. Unless otherwise provided by the development agreement, the official policies, regulations, and rules applicable to development of the property subject to a development agreement, shall be those official policies, regulations, and rules in force at the time of execution of the agreement. B. Vesting only in compliance with agreement. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly identified in the development agreement.

D6-48- Modification and Termination A. Amendment, cancellation, modification, or termination of agreement. 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 in compliance with this Section and Section D6-46 (Annual Review), above. B. Notice of intention to take action. 1. Notice of intention to take any action shall be given in compliance with Subsection D6-43 C. (Compliance with State law), above. 2. The parties may identify an alternative notice procedure in the agreement for processing insubstantial amendments. C. Compliance with State law required. Any significant amendment shall be subject to the provisions of State law (Government Code Section 65867.5).

The Zoning Administrator shall prepare and adopt application forms, check-lists, and other documents as considered necessary and desirable to implement the procedures and requirements identified in this Chapter.

Division D7 Zoning Ordinance Administration Contents: