Chapter 14.17.040 — EXECUTION, RECORDATION, AND EFFECT OF DEVELOPMENT AGREEMENT (§…

The applicant shall execute the development agreement within 15 calendar days after adoption of the ordinance. Failure to execute the agreement shall result in the agreement becoming null and void. (Ord. 1972, Repealed and Replaced, 02/22/2022)

Within 10 days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the Solano County recorder. 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 determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms of conditions in the agreement, then the City Clerk shall have notice of such action recorded within the Solano County recorder.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A.

Rules Affecting All Development Agreements. All development agreements shall be subject to the regulation and requirements of the laws of the State, the Constitution of the United States, and any codes, statutes, or executive mandates, and any court decisions, state or federal, thereunder. In the event that any such law, code, statute, mandate, or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

B.

Separate Procedure. All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the Zoning Ordinance, the General Plan, conditional use permits, subdivision approvals, building permits, or any other City planning function. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.

C.

Effect of Development Agreement. When approved, the development agreement and any development control maps and all notations, references, and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siting, or design of structures; location or design of open areas; and landscaping and other comparable regulations.

D.

Construction. This chapter and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this chapter, any provision of such a development agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations, and official policies governing permitted uses of 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 City rules, regulations, and official policies in force at the time of the approval of the development agreement by the

City Council; provided, however, that the developer is subject to all increases in City imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.

E.

Judicial Review – Time Limitation. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision as provided in Section 1094.6 of the Code of Civil Procedure of the State.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

Chapter 14.17.050 ADOPTED DEVELOPMENT AGREEMENT (§

The City shall review all development agreements at least once every 12 months, which shall occur during the month of January.

A.

Applicant's Submission. Not less than 45 calendar days nor more than 60 calendar days prior to the date of review, the applicant shall submit to the Director of Community Development evidence of the applicant's good faith compliance with the development agreement and notify the Director of Community Development in writing that such evidence is being submitted to the City pursuant to the period review requirements of this section. Said notification shall be accompanied by a processing fee in an amount set by resolution of the City Council.

B.

Finding of Compliance. If the Director of Community Development finds good faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Director of Community Development, the expiration of the appeal period without the filing of an appeal, or, if appealed, confirmation by the City Council of the issuance of the certificate, shall conclude the review process.

C.

Finding of Noncompliance. If the Director of Community Development on the basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, the Director of Community Development shall specify in writing to the developer the terms with which the developer has failed to comply. The Director of Community Development shall also specify a reasonable time for the developer to meet the terms of compliance.

1.

If such areas of noncompliance are not addressed within the reasonable time limits as prescribed by the Director of Community Development such that the Director of Community Development determines that the developer is in compliance, the development agreement shall be subject to cancellation in accordance with the provisions of Section 14.17.050.030.

D.

Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance by the Director to the Planning Commission within 10 calendar days after such issuance. The developer may also file an appeal of the Director of Community Development's finding of noncompliance to the Planning Commission within 10 calendar days after giving of notice of such determination. The

determination of the Planning Commission may, in turn, be appealed to the City Council. The review of any appeals shall be conducted in accordance with the provisions of Section 14.09.030.120. E.

Referral to the Planning Commission. The Director of Community Development may refer any review to the Planning Commission.

1.

If a referral to the Planning Commission is for noncompliance, the Planning Commission shall conduct a public hearing in accordance with the provisions of Chapter 14.09.030 of this code; and

2.

The Planning Commission shall either make a determination of good faith compliance and the City shall issue a certificate of compliance, or of noncompliance by the developer.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

An amendment to a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement.

A.

When adopting an amendment to a development agreement, the City Council shall make findings, including, but not limited to, the following:

1.

That the amendment is consistent with the provisions of this division;

2.

That the amendment is consistent with the original intent of the development agreement; and

3.

That the amendment will not be detrimental to the public health, safety, or general welfare of the community.

B.

Administrative Adjustment. Any revision to the development agreement which does not relate to the term of the agreement, permitted uses of the property, provisions for the reservation or dedication of land or monetary exactions of the developer, shall be considered an administrative adjustment, and is not an amendment, and no public hearing shall be required, unless otherwise determined by the Director of Community Development or the City Council.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

Intent to cancel or terminate a development agreement shall be subject to the same public notice and hearing process as adoption of the agreement.

A.

Cancellation of the Development Agreement. Any development agreement may be cancelled by mutual consent of the parties. Following a public hearing by the City Council, the Council shall adopt a resolution canceling the development agreement, subject to the provisions of subsection C of this section, if applicable.

B.

Termination of the Development Agreement by the City.

1.

If, at any time during the term of a development agreement, the Director of Community Development finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and

conditions of the development agreement, and such noncompliance has not been cured under Section 14.17.050.010.B, the Director of Community Development shall request that the Planning Commission conduct a public hearing, at which time the developer shall demonstrate good faith compliance with the terms of the development agreement.

a.

The burden of proof to show substantial evidence of compliance by the developer shall be upon the developer; and

b.

If such compliance has not been demonstrated to the satisfaction of the Planning Commission, the Planning Commission shall make a recommendation to the City Council to terminate the development agreement or recommend new terms and conditions intended to remedy the noncompliance. 2.

The City Council shall review the recommendation of the Planning Commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer's good faith compliance with the terms of the development agreement.

a.

If the City Council finds, based upon substantial evidence, noncompliance with the terms and conditions of the development agreement, the City Council may either cancel the development agreement upon giving 60 calendar days' notice to the developer or, in its discretion, may allow new terms and conditions intended to remedy such noncompliance;

b.

The City Council may impose such conditions to the action it takes as it considers necessary to protect the interests of the City; and

c.

The decision of the City Council shall be final.

3.

Any cancellation or imposition of new terms and conditions pursuant to this section shall be noticed in accordance with the procedures specified in Section 14.17.020.010.

C.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement should be cancelled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner, or successors in interest under the development agreement shall terminate.

1.

Any and all benefits, including money or land, received by the City shall be retained by the City. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construction at the time of termination;

2.

The City may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit;

3.

As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion "completion" means completion except for interior improvements such as partitions, duct and electrical runouts, fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of the Zoning Ordinance. (Ord. 1972, Repealed and Replaced, 02/22/2022)

Chapter 14.18.010 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS (§ 14.18.010.010 – § 14.18.010.040)

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council has adopted the following floodplain management regulations.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A.

The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

It is the purpose of this division to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly flood control projects;

C.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and H.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 1972, Repealed and Replaced, 02/22/2022)

In order to accomplish its purposes, this division includes methods and provisions to:

A.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.

Control filling, grading, dredging, and other development which may increase flood damage; and

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards in other areas.

(Ord. 1972, Repealed and Replaced, 02/22/2022)