Chapter 17.40 — DEVELOPMENT AGREEMENTS

The city may enter into a development agreement, pursuant to California Government Code, with any person or entity having a legal or equitable interest in real property located within the city limits or in unincorporated area of Amador County that is to be annexed. The intent of these of these rules, regulations and guidelines is to specify the contents of a development agreement and comply with California Government Code §§65864, et seq.

(Ord. 294 §1, 2003)

A development agreement shall specify the following:

A.

The duration of the agreement;

B.

The permitted uses of the property;

C.

The density or intensity of use;

D.

The maximum height and size of the buildings;

E.

Provisions for reservation or dedication of land for public purposes; and

F.

The property that is subject to the agreement.

(Ord. 294 §2, 2003)

17.40.030 - Optional contents.

A development agreement may contain the following:

A.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, or requirements shall not prevent development of the land for the uses and to the density or intensity set forth in the agreement;

B.

A date upon which construction must commence and a date when the project or any phase of the project must be complete;

C.

Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;

D.

Restriction on the assignability of the agreement by the applicant and, if assignable, provisions ensuring that the successor in interest assumes the obligations under the agreement;

E.

Provisions for minor modification of the development agreement; and

F.

Other terms and conditions related to the proposed project which are mutually agreeable to the parties.

(Ord. 294 §3, 2003)

17.40.040 - Review procedures.

The review procedure for a development agreement shall be the public hearing review procedure as set forth in Chapter 2.53 of the Municipal Code, with the following modifications:

A.

Planning Commission Review. At the conclusion of the public hearing, the planning commission shall recommend approval or denial of the development agreement to the city council.

B.

Decision by City Council. Final action on the development agreement shall be taken by the city council at a public hearing.

(Ord. 294 §4, 2003)

17.40.050 - Findings.

Prior to approving a development agreement, the planning commission and city council shall find that all of the following are true:

A.

Consistency. The provisions of the development agreement are consistent with the general plan and any applicable master plan, public financing plan, specific plan, and special purpose plan for the area; and

B.

Development Title. The proposed development complies with all provisions of these guidelines.

(Ord. 294 §5, 2003)

No later than ten days after the final approval of a development agreement, the city shall cause to be filed with county recorder a copy of the agreement, which shall describe the land subject thereto.

(Ord. 294 §6, 2003)

The intent of the guidelines is to describe the legal effect of a development agreement and to prescribe how the agreement is monitored, modified, and cancelled.

(Ord. 294 §7, 2003)

Unless amended or cancelled pursuant to section 17.40.110 and except as provided in section 17.40.120, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general plan, specific plan, special purpose plan, zoning, subdivision, or building regulation adopted by the city which alters or amends the rules, regulations, or policies specified on section 17.40.090.

(Ord. 294 §8, 2003)

A.

Laws in Effect. Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement.

B.

Subsequent Actions. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which 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 new rules, regulations, and policies.

C.

Emergency Situation. The city may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the action.

(Ord. 294 §9, 2003)

A.

Frequency of Review. The city planner shall cause the development agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the planning commission or city council.

B.

Good Faith Compliance. The applicant or successor in interest shall be required to demonstrate good faith complaisance with the terms of the agreement as part of the review.

C.

Termination or Modification. If the city finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the city may terminate or modify the agreement.

1.

Action to terminate or modify the agreement may be initiated only by the planning commission or the city council; and

2.

No action to terminate or modify the agreement shall be taken without the public hearing review procedure in Chapter 2.53 of the Municipal Code.

D.

Payment of Periodic Review. The cost of the annual review of the development agreement shall be paid for by the party (or the party's successor in interest) who entered into the development agreement with the city. The payment shall cover the actual cost to the city of conducting said annual review, including employee salaries and benefits, contractual employee compensation, overhead, and materials.

(Ord. 294 §10, 2003)

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. An agreement shall be amended or cancelled using the same process as was used for its adoption.

(Ord. 294 §11, 2003)

A.

Modification or Suspension. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance, or frustrate the purpose behind the parties' entry into development agreement, with one or more of the provisions of the development agreement, such provision(s) of the agreement shall be modified or suspended as may be necessary to comply with state or federal laws or regulations.

B.

City Action. Any action pursuant to this section shall be taken by the city council at a public hearing, in accordance with the public hearing review procedure of Chapter 2.53 of the Municipal Code.

(Ord. 294 §12, 2003)