§ 36.430

This Division provides procedures and requirements for the review, approval, and amendment of development agreements. The provisions of this Division are consistent with the provisions of State law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Government Code Section 65864).

(Ord. No. 2108 § 1.)

A. Initiation. Consideration of a development agreement may be initiated by:

1. The Council; or

2. Property owner(s) or other person(s) having a legal or equitable interest in the property proposed to be subject to the agreement.

B. Interpretation. In construing the provisions of any development agreement executed in compliance with this Division, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Article, State law (Article 2.5 of the Government Code, cited above), and the agreement itself.

C. Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:

1. The terms of the development agreement itself;

2. The provisions of this Division; and

3. The provisions of State law (Article 2.5 of the Government Code, cited above).

(Ord. No. 2108 § 1.)

An application for a development agreement shall be considered by the Commission and Council in compliance with Section 36.430.040.E (Notice and public hearings), below.

(Ord. No. 2108 § 1.)

A. Application requirements. An owner of real property may request and apply through the Director to enter into a development agreement provided the following:

1. The development agreement, if approved, would be in the best interests of the City;

2. The status of the applicant as an owner of the property is established to the satisfaction of the Director;

3. The application is made on forms approved, and contains all information required, by the Director; and

4. The application is accompanied by all lawfully required documents, information, materials, and applicable fees, in compliance with Subsection C., (Processing and review fees) below.

B. Director. The Director shall receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.

• C. Processing and review fees.

1. Processing fees. Processing fees, as established by the Council’s Fee Resolution, shall be collected for any application for a development agreement made in compliance with this Division.

2. Periodic reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 36.430.070 (Periodic Review), below.

D. Content of development agreement.

1. A development agreement entered into in compliance with this Division shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 Agreement contents).

2. A development agreement entered into in compliance with this Division may contain the permissive provisions specified by State law (Government Code Section 65865.2 Agreement contents).

E. Notice and public hearings.

1. Notice. Notice of the hearings, identified in Subsections 2. and 3., below, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

2. Commission. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Division 36.630 (Public Hearings). Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, approve subject to modifications, or disapprove the application.

3. Council. Upon receipt of the Commission’s recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before the Council in compliance with Division 36.630 (Public Hearings). Following conclusion of the public hearing, the Council shall approve or disapprove the application in compliance with Subparagraph 7., below.

4. Terms and conditions. Should the Council approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved by it, as well as an ordinance authorizing execution of the development agreement by the Mayor.

5. Ordinance. The ordinance shall be in compliance with State law (Government Code Section 65867.5) and shall contain the findings identified in Subparagraph 7., below, and the facts supporting them.

6. Evidence. It is the responsibility of the applicant to establish evidence in support of the required findings.

7. Findings. The development agreement shall be approved only if the following findings of fact can be made in a positive manner:

a. The development agreement would be in the best interests of the City.

b. The development agreement is consistent with the actions, goals, objectives, policies, and programs of the General Plan, any applicable specific plan, and this Zoning Code.

c. The development agreement would promote the public convenience, health, interest, safety, or general welfare of the City.

8. Referendum. The ordinance may be subjected to referendum in compliance with State law (Government Code Section 65867.5).

(Ord. No. 2108 § 1.)

A. Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Section 36.430.040, Subparagraph E.5. (Ordinance), above, becomes effective.

B. Mutual consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.

C. Conditioning approval. The provisions of this Division shall not be construed to prohibit the Director, Commission, or Council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

D. Recordation. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law.

(Ord. No. 2108 § 1.)

The approval of a development agreement in compliance with this Division shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the South Pasadena Environmental Review Guidelines.

(Ord. No. 2108 § 1.)

A. Periodic review required.

1. Every development agreement, approved and executed shall be subject to periodic reviews, as specified in the agreement, by the Director or Commission during the full term of the agreement.

2. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant or contracting party in compliance with Section 36.430.040, Subsection C., (Processing and review fees), above.

B. Purpose of review.

1. The purpose of the review shall be to determine whether the applicant or contracting party or the successors-in-interest has complied in good faith with the terms and/or conditions of the development agreement.

2. The burden of proof shall be on the applicant or contracting party or the successors-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the Director.

C. Compliance with the terms or conditions. If the Commission finds, on the basis of substantial evidence, that the applicant or contracting party or the successors-in-interest has not complied in good faith with the terms or conditions of the agreement, the Commission may recommend to the Council that it order, after a noticed public hearing in compliance with Division 36.630 (Public Hearings), the agreement to be terminated or modified.

(Ord. No. 2108 § 1.)

A. Amendments or cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successors-in-interest.

B. Processing procedures. The requested amendment or cancellation shall be processed in the same manner identified by this Division for the adoption of a development agreement.

(Ord. No. 2108 § 1.)

A. Rules, regulations, and policies. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the agreement.

B. State law. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the City from conditionally approving or disapproving any subsequent project application on the basis of existing or new policies, regulations, and rules.

(Ord. No. 2108 § 1.)

Development agreements approved by the Council shall be on file with the City Clerk.

(Ord. No. 2108 § 1.)

Division 36.440. Specific Plans

Sections:.

36.440.010 Purpose of Division.

36.440.020 Applicability.

36.440.030 Project Area Requirements.

36.440.040 Preparation and Content.

36.440.050 Processing and Review.

36.440.060 Adoption of Specific Plan.

36.440.070 Implementation and Amendments.

36.440.010 Purpose of Division.

This Division provides a process for preparing, processing, reviewing, adopting, and amending a specific plan. When required by Section 36.440.020 (Applicability), the General Plan, or this Zoning Code to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, in compliance with this Division.

(Ord. No. 2108 § 1.)