Chapter 10.89 — DEVELOPMENT AGREEMENTS

The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules, regulations, and conditions that were applicable at the time of project approval, and in a manner consistent with Cal. Gov't Code §§ 65864 et seq.

(Ord. 2025-01, passed 1-7-2025)

The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.

(Ord. 2025-01, passed 1-7-2025)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DEVELOPMENT AGREEMENT. A contract duly executed and legally binding between the City of Tulare and a developer(s) that delineates the terms and conditions agreed upon by two or more parties. (Ord. 2025-01, passed 1-7-2025)

To enter into a development agreement, the city shall find that:

(A) A person has a legal or equitable interest in real property for the development of such property.

(B) The development project is consistent with the Tulare General Plan and any applicable specific plan.

(Ord. 2025-01, passed 1-7-2025)

A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(Ord. 2025-01, passed 1-7-2025)

An application for a development agreement shall be made to the Community Development Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council. (Ord. 2025-01, passed 1-7-2025)

Upon receipt of a development agreement application, the Community Development Department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter 10.16, Public Hearings. (Ord. 2025-01, passed 1-7-2025)

The Community Development Department shall prepare a report on the development agreement application. The Department shall provide a recommendation to the City Council based on the following findings:

• (A) Is the project consistent with the Tulare General Plan and any applicable specific plan?

• (B) Is the project authorized by the title as it relates to use and development standard regulations?

• (C) Will the project be detrimental to the public health, safety, and general welfare?

• (D) Will the project provide sufficient benefit to the city to justify entering into the development agreement?

• (E) Will the project have a significant impact on the environment?

• (Ord. 2025-01, passed 1-7-2025)

(A) The City Council shall take action on the development agreement. The Council can approve, approve with modifications, or deny the development agreement. Subsequent to a decision by the City Council, one of the following actions shall be initiated.

(B) If the Council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the agreement with the applicant. (Ord. 2025-01, passed 1-7-2025)

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant the procedure shall be the same as the procedure for entering into an agreement. However, where the City Council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 days' notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing.

(Ord. 2025-01, passed 1-7-2025)

(A) Within ten days after the city enters into the development agreement, the city shall have the agreement recorded with the County Recorder.

(B) If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city shall have notice of such action recorded with the County Recorder. (Ord. 2025-01, passed 1-7-2025)

(A) The Community Development Department shall review the development agreement at least once every 12 months from the date the agreement is entered into. The Community Development Department shall report the findings to the City Council. The time for review may be modified by agreement between the parties.

(B) Should the Community Development Director find that the developer is in non-compliance or not performing consistently with the development agreement, the Director shall report this finding to the City Council. The City Council may terminate the development agreement consistent with § 10.89.100 of this chapter. (Ord. 2025-01, passed 1-7-2025)