Part 25 — DEVELOPMENT AGREEMENTS

The purpose of development agreements is to enable the city to enter into binding agreements with respect to development project approvals. These provisions are intended to minimize uncertainties in the multilevel approval process for complex and long-term development projects as well as provide a means for the city to secure necessary and

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related public and/or private improvements. This part is intended to reflect state law regarding development agreements, commencing with Section 65864 of the Government Code. (Ord. 93-40 § 1 (part), 1993).

The city may enter into development agreements with persons having legal or equitable interest in real property within the city’s jurisdiction. The city may also enter into a development agreement with any person having legal or equitable interest in real property in unincorporated territory within the city’s sphere of influence. In the later case, the agreement will not be operative unless proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the territory covered by a county development agreement is annexed by the city, the agreement will be valid for its original duration or eight years from the date of incorporation, whichever is earlier.

The city shall establish, and from time to time may amend, a schedule of fees to cover the city’s costs of processing applications for development agreements. (Ord. 93-40 § 1 (part), 1993).

Development agreements must specify:

• (1) Duration of the agreement;

• (2) Permitted uses of the property;

(8) The time schedule for periodic review. (Ord. 93-40 § 1 (part), 1993).

Development agreements may also:

(1) Include the conditions, terms, restrictions, and requirements for subsequent discretionary actions;

(2) Provide that such stipulations shall not prevent development of land with regard to the uses, densities, and intensities set forth in the agreement;

(3) Specify the timing of project construction; and

(4) Set forth the terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Ord. 93-40 § 1 (part), 1993).

A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and pol-

• (3) Density or intensity of use;

• (4) Maximum height and size of proposed

• buildings;

(5) Any reservation or dedication of land for public purposes, including, but not limited to, rights-of-way, open space, and public access easements;

(6) Rules, regulations and policies that will apply to the agreement;

(7) Exceptions from existing standard zoning regulations or other development standards, based on appropriate findings contained in the development agreement; and

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icies. State and federal laws or regulations, enacted after a development agreement has been entered into, that prevent or preclude compliance with one or more provisions of the development agreement, will require that provisions of the agreement be modified or suspended as may be necessary to comply with such state or federal laws or regulations. (Ord. 93-40 § 1 (part), 1993).

A development agreement is subject to CEQA and must also be consistent with the city’s adopted General Plan, the certified Local Coastal Program, and any applicable specific plan.

(Ord. 93-40 § 1 (part), 1993).

Notice for public hearings on an application for a development agreement shall be given according to the standard notice procedures of Chapter 24.04.100.

(Ord. 2006-08 § 7, 2006: Ord. 93-40 § 1 (part), 1993).

A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum. Public hearings on an application for a development agreement shall be held by the planning commission or zoning board, as most appropriate for the project under consideration, for the purpose of making a recommendation to the city council. The city council shall take final action on any development agreement processed under this section.

In recommending approval or adopting a development agreement, the acting body shall make findings that the proposed development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan, the Local Coastal Program (if applicable) and any applicable specific plan;

2. Is compatible with uses authorized in and the regulations prescribed for, the land use district in which the real property is located;

3. Is in conformity with public convenience, general welfare and good land-use practice.

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall require a public hearing and appropriate legislative action. Where the city initiates an amendment or cancellation in whole or in part of the development agreement, the city shall give notice to the property owner of its intention to initiate such proceedings at least ten days in advance of giving public notice. (Ord. 93-40 § 1 (part), 1993).

Within ten days after the city enters into a development agreement, the city clerk shall have the agreement recorded with the county recorder. Actions amending, modifying, canceling or terminating the development agreement shall also be recorded by the city clerk with the county recorder.

(Ord. 93-40 § 1 (part), 1993).

The city shall periodically review, at least every twelve months, the applicant’s or successor in interest’s compliance with the terms of the development agreement. The planning director shall give public notice of periodic review at least ten days in advance of the time at which the matter will be considered at a public hearing of the city council. If, as a result of such periodic review, the city finds and determines on the basis of substantial evidence that the applicant or successor in interest has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement. (Ord. 93-40 § 1 (part), 1993).

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A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(Ord. 93-40 § 1 (part), 1993).

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