Chapter 18.70 — DEVELOPMENT AGREEMENTS

Government Code Sections 65864 through 65869.5 authorize the city to enter into binding development agreements with any person having a legal or equitable interest in real property for the development of such property and further authorize the city to establish procedures and requirements for 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. Therefore, when such agreements are deemed appropriate by the city to ensure orderly growth and development of the city, expand or extend specified public utilities, services, and facilities, enhance or protect existing amenities or provide new amenities for the benefit of the community; provide a furtherance of the goals and objectives of the general plan; or otherwise protect the public health, safety and welfare of the community, such agreements may be considered by the city under the regulations, procedures and requirements set forth in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

The city council shall by separate resolution fix a schedule of fees and charges for the filing and processing of applications and documents required to be filed under these regulations, procedures, and requirements.

(Ord. No. 743, § 3, 3-21-2017)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the development agreement. The development services director may require an applicant to submit proof of his interest in the real property and/or the authority and purported agent to act on behalf of an applicant. Before processing an application, the development services director shall obtain the opinion of the city attorney as to the sufficiency of any applicant's interest in the real property and the applicant's qualifications to enter into the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

The development services director shall prescribe the form for each application, notice and documents provided for or required under these regulations, procedures and requirements for the preparation and implementation of development agreements.

B.

The development services director may require an applicant to submit such information and supporting data as the development services director reasonably considers necessary to process the application.

(Ord. No. 743, § 3, 3-21-2017)

Editor's note— Ord. No. 816, § 1, adopted Mar. 4, 2025, repealed § 18.70.050, which pertained to preliminary review, and derived from Ord. No. 743, § 3, adopted Mar. 21, 2017. See Ch. 18.65 for current provisions.

Each application shall be accompanied by a form of development agreement proposed by the applicant. This requirement may be satisfied by use of a standard city form of development agreement. Specific proposals for modifications of or additions to the standard form may be proposed by the applicant. The agreement will be approved by the city at its sole discretion.

(Ord. No. 743, § 3, 3-21-2017)

An application shall contain, but not be limited to, the following information:

A.

A description of all real property subject to the agreement;

B.

The term of the agreement;

C.

Identification of parties to the agreement;

D.

Conditions precedent to change of parties to the agreement;

E.

A development plan;

F.

Development regulations and uses, including but not limited to, the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

G.

A development program including timing, permits, and other authorizations and procedures;

H.

Provisions for reservations or dedications of land for public purposes;

I.

Conflicts with other laws and ordinances;

J.

Defaults, remedies, and termination procedures;

K.

Cooperative agreement in the event of legal challenge;

L.

Reimbursement of city costs;

M.

Performance recitals;

N.

Waivers and amendments;

O.

Severability.

(Ord. No. 743, § 3, 3-21-2017)

18.70.080 - Application—New development.

In the case of a new development, not previously authorized, the applicant shall obtain any or all of the following documents which are required by applicable law and the agreement shall include such references, terms, conditions, covenants, and standards as may be set forth in such documents:

A.

Approved/certified environmental document;

B.

Approved annexation documents;

C.

Approved zoning or prezoning;

D.

Approved planned unit development permit;

E.

Approved land use permit;

F.

Approved tentative subdivision map(s);

G.

Approved final subdivision map(s);

H.

Approved design review or site plan permits;

I.

Approved utility easements, right-of-way dedications, and/or other reservation or dedications for public purposes;

J.

Any other specific authorization deemed by the city to be of necessity a part of the development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where an existing development has been authorized by the city prior to the enactment of the ordinance from which this chapter derives and the development has not been commenced or is substantially incomplete, the agreement shall be applicable to only those portions of the development for which a valid building permit has not been issued. The contents shall include any amendments to the approvals listed in Section 18.70.080, and may contain any new authorizations or conditions deemed appropriate by the city to carry out the intent and purposes of this chapter and of the agreement.

Where any authorization under Section 18.70.080 is required by ordinance or by the plan of a new development and which authorizations have not previously been required of an existing development subject to this section, such requirements may be imposed only by the mutual consent of all parties to the agreement.

(Ord. No. 743, § 3, 3-21-2017)

A.

Upon formal application by an applicant, the development services director shall review the application and attachments in accordance with this title and any other applicable ordinance.

B.

Upon acceptance for filing by the development services director, copies of agreements, concurrent applications, plans and drawings shall be distributed to the city departments, public agencies, and responsible agencies as required by this title and any other applicable ordinance.

C.

Such departments and agencies shall have not longer than 45 days to respond to the application in writing; provided, however, that:

1.

In the event an environmental impact report (EIR) or combined EIR and environmental impact statement (EIS) is required, the responses to the application shall be received by the development services director no later than 30 days after certification and adoption of the final EIR or EIR/EIS.

2.

In the event a division of land subject to the state Subdivision Map Act and Division I of Title 17 is required, the responses to the application shall be received by the development services director, as required by state law.

D.

After receipt by the development services director of all written responses to the application and prior to giving notice of public hearing, the development services director shall prepare a report to the city planning commission which shall state whether or not the proposed agreement, or any amended form of the proposed agreement, is consistent with the city general plan, any applicable specific plan, previous authorizations, if any, and any applicable ordinances and codes.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall give notice of intention to consider adoption of a development agreement and of any other public hearing required by law or these regulations. The requirements for form and time of notice of intention to consider adoption of development agreement are as follows:

A.

Form of Notice. The form of the notice of intention to consider adoption of development agreement shall contain:

1.

The date, time, and place of the hearing;

A general explanation of the matter to be considered, including but not limited to a general description of the real property affected; and

3.

Any other information required by specific provision of these regulations or which the development services director considers necessary or desirable.

B.

Time and Manner of Notice. Notice shall be given by development services director as required by the provisions of Government Code Sections 65090—65096. If combined hearings are to be held, separate notices for each such hearing must be given by the development services director.

C.

Failure to Receive Notice. The failure of any person who is entitled to be given notice by applicable law and/or these regulations to actually receive notice, if notice has been properly given, shall not affect the authority of the city to enter into a development agreement and no such development agreement shall be invalid by reason of such failure to receive notice.

(Ord. No. 743, § 3, 3-21-2017)

The public hearing shall be conducted in accordance with the procedural standards set forth in Government Code Section 65804 for the conduct of zoning hearings. Such hearings may be continued from time to time as deemed necessary. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(Ord. No. 743, § 3, 3-21-2017)

Where it is deemed appropriate by the development services director and does not conflict with the Government Code or city ordinance, a combined hearing or hearings may be held by the planning commission to avoid duplication of hearing requirements. The planning commission shall take action on each application and make separate findings by separate resolution or minute action.

(Ord. No. 743, § 3, 3-21-2017)

No action, inaction, or recommendation regarding the proposed development agreement shall be void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless in an examination of the entire circumstances, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the

error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.

There shall not be a presumption that an error is prejudicial or that injury was done.

(Ord. No. 743, § 3, 3-21-2017)

18.70.150 - Planning commission recommendation.

A.

After the hearing by the planning commission, the commission shall make its recommendation concerning the agreement by resolution to the city council. The resolution shall include the planning commission's determination that the proposed development agreement:

1.

Is consistent with the objectives, policies, general land uses, and programs set forth in the general plan and any applicable specific plan;

2.

Is compatible with the 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;

4.

Will not be detrimental to the public health, safety and general welfare;

5.

Will not adversely affect the orderly development of property or the preservation of property values.

B.

The resolution shall include statements specifying reasons for the recommendation.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city council shall give notice of a public hearing or hearings in the time and manner set forth in Section 18.70.110 and the city council shall hold such hearings as are required by the Government Code, this title, and any other applicable ordinance.

B.

Upon completion of the public hearing by the city council, the city council may accept, modify, or disapprove the recommendation of the planning commission; or may request more information from the applicant or city staff before making a final determination.

C.

The city council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

D.

Approval of a development agreement by the city council shall be by ordinance. The ordinance shall set forth the effective date of the agreement; provided, that the effective date shall be expressly conditioned upon all parties to the agreement certifying to their acceptance to all of the terms and conditions of the agreement by signature thereto prior to or upon the effective date. Failure of any of the parties to this agreement to so certify to the terms and conditions prior to the effective date shall automatically void the agreement.

(Ord. No. 743, § 3, 3-21-2017)

18.70.170 - Amendment or cancellation by consent.

A.

Initiation. Either party may propose to amend or to cancel, in whole or in part, a development agreement previously entered into.

B.

Procedure. The procedure for amendment or cancellation, in whole or in part, of a development agreement shall be the same procedure set forth in Sections 18.70.020 through 18.70.160; however, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to all other parties to the agreement of its intention to initiate such proceedings at least 30 days in advance of consideration of the amendment or cancellation required by public hearing.

(Ord. No. 743, § 3, 3-21-2017)

A.

Within ten days after the city enters into the development agreement, the city shall record the agreement with the county recorder.

B.

If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in

Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Ord. No. 743, § 3, 3-21-2017)

A.

The city shall review the development agreement every 12 months from the date the agreement is entered into.

1.

The time for review may be shortened either by agreement between the parties or by:

a.

Recommendation of the development services director; or

b.

Affirmative vote of at least three members of the planning commission; or

c.

Affirmative vote of at least three members of the city council.

2.

In no event shall the review period exceed a period of 12 months.

B.

The development services director shall initiate the review proceedings by giving notice to all parties to the agreement that the city intends to undertake a periodic review of the development agreement, and shall give such notice at least 30 days in advance of the date of such review by the city.

(Ord. No. 743, § 3, 3-21-2017)

18.70.200 - Periodic review—Hearing.

A.

If directed by the city council, the planning commission shall hear the matter regarding review of the development agreement.

B.

The city council or planning commission shall conduct a public hearing. The property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

(Ord. No. 743, § 3, 3-21-2017)

A.

If the development services director, city council, or planning commission 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 review for the period shall be concluded.

B.

If the development services director, city council, or planning commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city council or planning commission may commence proceedings to amend or cancel the agreement.

C.

If the planning commission is the reviewing body, the property owner may appeal the determination of the planning commission to the city council in accordance with Chapter 18.84, Appeals.

(Ord. No. 743, § 3, 3-21-2017)

18.70.220 - Periodic review—Amendment or cancellation.

A.

Notice of Proceedings. If, upon a finding under Section 18.70.210(B), the city determines to proceed to amend or cancel the agreement, the city, through the development services director, shall give notice to the property owner of its intention to amend or cancel. The notice shall contain:

1.

The date, time, and place of the hearing;

2.

A statement as to whether or not the city proposes to cancel or to amend the development agreement;

3.

Other information, which the city considers necessary to inform the property owner of the nature of the proceeding.

B.

Hearing. At the date, time, and place set for the hearing on amendment or cancellation, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the planning commission or city staff for further proceedings or for report and recommendation. The city council may impose such conditions as it considers necessary to protect the interests of the city. The decision shall be made by amendment or repeal of the agreement ordinance. The decision of the city council is final.

(Ord. No. 743, § 3, 3-21-2017)