Chapter 17.10 — GENERAL PROVISIONS AND APPLICANT

Chapters 17.10 to 17.22, inclusive, are enacted pursuant Article 2.5 (Sections 65864-65869.5) of Chapter 4 Division 1 of Title 7 of the Government Code of the state of California. These chapters are adopted to supplement existing provisions of this code and may be cited as the "Development Agreement Ordinance of the city of Vallejo."

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

A.

The purpose of Chapters 17.10 to 17.22 inclusive, is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the city and development by providing an option to both the city and developers to enter into development agreements. Such agreements shall only be used for projects such

as large multiphase subdivision developments, low and moderate income housing developments, and developments involving public service and facilities installations which may require several years to complete.

B.

To accomplish this purpose the procedures, requirements and other provisions of these chapters are determined to be necessary to promote orderly growth and development, the community's economic welfare, and to ensure provisions for adequate circulation, utilities and services.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

The procedures and requirements set forth in Chapters 17.10 to 17.22, inclusive, shall apply to all development agreements proposed by developers and entered into by the city.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

17.10.040 - Forms, information and fees.

A.

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

B.

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

C.

Each application shall be accompanied by the development agreement proposed by the applicant.

D.

The city council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and the other documents provided for or required under these regulations, and for the annual review.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

Only a qualified applicant may file an application to enter into a development agreement. A "qualified applicant" is a person, firm or corporation that has legal or equitable interest in the real property which is the subject of the development agreement. "Applicant" includes authorized agent. The development service director may require an applicant to submit proof of his/her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the development services director may obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

17.10.060 - Review of application.

The development services director or his/her designee shall endorse on an application the date it is received. The director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the director finds that the application is complete, he/she shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement. After the required information is received, the staff report and recommendation shall be prepared and shall state whether or not the agreement, as proposed or in an amended form, would be consistent with the general plan and any applicable specific plan.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 682 N.C.(2d) § 3 (part), 1983.)

17.10.070 - Terms and conditions of agreement.

A.

The proposed agreement shall contain the following provisions:

Duration of the agreement;

Permitted uses of the property;

Density or intensity of use;

4.

Maximum height and scope of proposed buildings;

5.

Reservations or dedications of land for public use;

6.

Availability of municipal services, such as water, sewer, police and fire protection, at the time building permits are issued by the city.

B.

The proposed agreement may contain provisions concerning the following matters:

1.

The conditions, terms, restrictions and requirements for subsequent discretionary actions except such provisions cannot prevent development of the uses and densities described in subsections A2 and A3 of this section;

2.

The time within which construction will commence and be completed;

3.

Those rules, regulations and official policies governing land use, density, design, improvement and construction standards and specifications which exist at the time the agreement is made and can be changed during the life of the agreement;

4.

A statement that successors in interest to the land covered by the agreement are bound by the terms of the agreement;

5.

Amendment or cancellation in whole or in part of the agreement by mutual consent. The procedure to "unadopt" is the same as to "adopt" the agreement.

C.

The agreement may contain other provisions which the city and the applicant find necessary or desirable.

(Ord. 682 N.C.(2d) § 3 (part), 1983.)

Chapter 17.12 - NOTICES AND HEARING

Sections: