Chapter 24.550 — DEVELOPMENT AGREEMENT PROCEDURE

Sections:

• 24.550.010 Chapter Description.

• 24.550.020 Authority and Construction.

• 24.550.030 Initiation of Application.

• 24.550.040 Form of Application.

• 24.550.050 Contents of Application.

• 24.550.060 Staff Review.

• 24.550.070 Fees.

• 24.550.080 Planning Commission Action.

• 24.550.090 City Council Action.

• 24.550.100 Effective Date.

• 24.550.110 Recording.

• 24.550.120 Coordination of Applications.

• 24.550.130 Periodic Review.

• 24.550.140 Certainty of Development Agreements.

• 24.550.150 Enforcement, Amendment, and Termination.

Chapter 24.550 establishes the Development agreement procedure.

1. Legislative Findings.

a. The city council finds that enhanced certainty in the city’s development approval process will promote orderly growth consistent with the policies and objectives of the comprehensive plan by encouraging and assuring private participation in the financing, construction, and acquisition of public facilities, public lands, as well as other facilities, equipment, and programs, such as the city’s affordable housing program, which are beneficial to the health, safety, and general welfare of the community.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 447 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

• b. It is the intention of the city council to enter into development agreements only in those situations where the agreement is fair, just, and reasonable at the time of its execution; and where it is prompted by the necessities of the situation or is by its nature advantageous to the city.

2. Intent. The city council declares that the purposes of these regulations are further intended:

   • a. To reduce uncertainty in the development approval process by providing project applicants assurance that upon approval of their project they may proceed in accordance with existing ordinances, resolutions, policies, rules and regulations.

b. To encourage the achievement of growth management policies and objectives, including the provision of adequate public facilities concurrent with development and consistent with the comprehensive plan.

• c. To provide a means of adding and tailoring supplemental regulations or development standards for particular projects.

• d. To eliminate potential uncertainty as to the reasonableness and legality of exactions to serve public needs. (Code 1971, § 15.850.010)

These regulations are adopted pursuant to the city’s municipal affairs power under the Charter of the City of San Buenaventura and the Constitution of the State of California, and pursuant to the authority granted under state law. All development agreements entered into pursuant to this chapter shall be approved by ordinance and each provision of such ordinance shall be deemed a legislative act for all purposes. All development agreement ordinances shall in their entirety be subject to referendum as provided in the City Charter. (Code 1971, § 15.850.020)

A. By Property Owners. An application requesting consideration and adoption of a development agreement may be made by any person having a sufficient legal or equitable interest in the subject real property. The sufficiency of the applicant’s property interest shall be demonstrated to the satisfaction of the director, with the advice and consent of the city attorney. Nothing in this section shall preclude agents or attorneys processing written proof of their authority from initiating applications on behalf of an applicant.

B. By the City Council or Planning Commission. The city council or the planning commission may initiate applications requesting consideration and adoption of a development agreement upon their own motion, provided a person having a sufficient legal or equitable interest in the subject real property has provided a written statement of consent. (Code 1971, § 15.850.030)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 448 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

The application requesting consideration and adoption of a development agreement shall be verified, provided in a sufficient number of conformed copies, made upon such forms, and accompanied by such data and information as may from time to time be prescribed by the city council, planning commission, or director. (Code 1971, § 15.850.040)

An application requesting consideration and adoption of a development agreement shall be accompanied by the following documents:

1. A title report-providing evidence of the sufficiency of the applicant’s legal or equitable interest in the subject real property.

2. A proposed development agreement. The applicant’s proposed development agreement may be either the city’s standard development agreement form, if any exists, or a proposed development agreement prepared by the applicant. Any proposed development agreement shall be consistent with each provision of this chapter and shall also include the following information recitals, and terms:

• a. The parties to the development agreement;

• b. The nature of the applicant’s legal or equitable interest in the subject real property and a legal description of the property sufficient for recordation;

c. A description of the development project sufficient to enable the planning division and other affected city departments to review the application and accompanying documentation for legality, compliance with development standards, consistency with the comprehensive plan and applicable specific plans, environmental assessment requirements, and compliance with other city ordinances, resolutions, policies, and rules and regulations. The planning division may require the description to include site and building plans, architectural elevations, a description of the project’s relationship to adjacent properties, a statement of the project’s relationship to the comprehensive plan, and a statement of the project’s relationship to the local coastal plan, if applicable, where appropriate, the description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary, and the standards and criteria pursuant to which the variable elements will be reviewed;

d. A listing of each discretionary or ministerial action, permit and/or entitlement necessary for, or previously obtained with respect to, the project, including actions, permits and/or entitlements issued by, or to be obtained from, agencies other than the city. The listing will describe and distinguish between those elements of the development project which are proposed to be fixed by the development agreement pursuant to subsection 24.550.140.A. and those which may be subject to further review;

• e. The proposed duration of the development agreement;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 449 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

• f. The density and/or intensity of uses to be permitted;

• g. The maximum height and size of proposed buildings;

• h. Provisions for reservation or dedication of land for public purposes, as applicable;

i. Any proposed conditions, terms, restrictions or requirements to be applicable to subsequent discretionary actions, provided that the proposed conditions, terms, restrictions or requirements shall not be construed to prevent development of the land for the uses and to the density or intensity of development set forth in the agreement, unless specifically and expressly provided in the agreement;

• j. A date by which construction shall have been commenced;

k. Proposed phasing of the development project and of the construction of public facilities, including estimated and mandatory completion dates, interim progress milestones, and performance standards for periodic review of the development agreement;

1. The manner in which the applicant proposes to finance and provide security for the construction of public facilities and provisions for reimbursement, if any;

m. A provision including as terms of the development agreement all mitigation measures previously adopted pursuant to the California Environmental Quality Act with respect to discretionary actions, permits and/or entitlements for the project granted by the city or other agencies, and a provision committing the applicant to incorporate as terms of the development agreement, to the extent required by the California Environmental Quality Act, all future mitigation measures necessary to avoid or substantially lessen significant environmental effects which can be feasibly mitigated, provided that nothing in this chapter shall preclude the preparation of statements of overriding considerations when deemed appropriate and lawful by the city or other agencies; and

n. A clause requiring the applicant to indemnify the city against claims arising out of the development process and to provide insurance in an amount and form acceptable to the city attorney to assure the applicant’s ability to satisfy its indemnification duty.

3. A proposed ordinance of the council of the City of San Buenaventura adopting the development agreement, and referring to and incorporating by reference the text of the development agreement, in a form acceptable to the city attorney and city clerk.

4. The filing and processing fee established pursuant to chapter 24.575. (Code 1971, § 15.850.050)

A. Initial Review. Upon filing of the application requesting consideration and adoption of a development agreement, the director shall cause the application to be reviewed for completeness, and for compliance with the terms of this chapter and all other provisions of state and local law.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 450 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

B. City Staff Review. The director shall cause the proposed development agreement and supporting application to be circulated to each city division or department having jurisdiction over the project, including the city attorney. Each such division or department shall review, comment upon, and recommend such changes to the proposed development agreement as may be necessary or desirable. The departmental recommendations shall be transmitted to the director.

C. Staff Report. The director shall prepare a staff report and recommendation for approval or rejection of the development agreement as proposed, or as amended to include the necessary and desirable revisions proposed by the various city departments. (Code 1971, § 15.850.060)

Fees to be imposed for the filing and processing of each application requesting consideration and adoption of a development agreement shall be as prescribed in accordance with chapter 24.575. No such application shall be deemed complete unless it is accompanied by the current filing and processing fee. The filing and processing fee shall be in addition to any other required fees for permits or capital improvements relating to the development project and shall be for the purpose of defraying the costs incurred by the city during review and action upon the development agreement application and during periodic review. (Code 1971, § 15.850.070)

A. Scheduling and Notice. Upon completion of the staff review required under section 24.550.060, the director shall schedule a date for a public hearing before the planning commission on the proposed development agreement. The director shall cause public notice of the date, time, place and purpose of the hearing to be provided in accordance with chapter 24.560 and Government Code Sections 65090 and 65091.

B. Planning Commission Hearing. Upon the date and time publicly noticed, the planning commission shall conduct a public hearing on the proposed development agreement which may be continued from time to time. The planning commission shall consider the staff report and recommendation of the director, as well as comments from the applicant and members of the public. Upon conclusion of the hearing, the planning commission shall report its recommendations to the city council. The planning commission may recommend that the development agreement be adopted as proposed, or with such amendments as the planning commission deems to be necessary or desirable to further the purposes of this zoning ordinance, or otherwise in the public interest; or the planning commission may recommend that the development agreement be rejected. The planning commission’s action shall be by resolution and shall include written findings specifying the facts and information relied upon by the commission in rendering its decision and recommendation. An action by the planning commission rejecting the proposed development agreement shall be final ten days after the decision, unless a notice of appeal has been filed pursuant to chapter 24.565. (Code 1971, § 15.850.080)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 451 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

A. Scheduling and Notice. Upon receipt of the planning commission’s recommendation or a notice of appeal, the proposed development agreement shall be scheduled for public hearing before the city council. The city clerk shall cause public notice of the date, time, place and purpose of the hearing to be provided in accordance with chapter 24.560 and Government Code Sections 65090 and 65091.

B. City Council Hearing. Upon the date and time publicly noticed, the city council shall conduct a public hearing to consider the proposed development agreement and the planning commission recommendation. The public hearing may be continued from time to time. The city council may approve, approve and amend, or reject the recommendation of the planning commission in any manner it deems to be necessary or desirable, or in the public interest. (Code 1971, § 15.850.090)

If approved by ordinance of the council, an adopted development agreement shall become effective upon notarized execution by the authorized representatives of all parties to the agreement but no sooner than the 31st day after final passage and adoption of the ordinance. (Code 1971, § 15.850.100)

Within ten days following execution of an adopted development agreement, the city clerk shall cause a certified copy of the agreement to be recorded with the county recorder. The agreement shall be binding upon and the benefits of the agreement shall inure to the parties and all successors in interest to the parties to the agreement. (Code 1971, § 15.850.110)

To the extent practicable, applications requesting consideration and adoption of development agreements will be made and considered concurrently with the review of other discretionary permit applications within the city’s control. It is the intention of the city council to avoid duplicative hearings and the repetition of information and effort. The development agreement shall not constitute a substitute for, or an alternative to, any other required permit or approval, and the applicant must comply with all other required procedures for development approval. (Code 1971, § 15.850.120)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 452 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

A. Timing. All adopted development agreements shall be reviewed at least annually in order to determine whether the applicant or successor in interest to the adopted development agreement has complied with the terms and conditions of the agreement. Such review may occur more frequently if so provided in the development agreement, or if it is determined by the city council, following reasonable notice to the applicant, that additional or more frequent review of a particular development agreement is necessary or desirable.

B. Planning Commission Review. Periodic review of adopted development agreements shall be conducted by the planning commission at a public hearing noticed in accordance with chapter 24.560 and Government Code Section 65090. The applicant or successor in interest to the adopted development agreement shall be required to demonstrate by substantial evidence its good faith compliance with the terms and conditions of the agreement. If as a result of such review the planning commission determines on the basis of substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement, then, subject to such non-compliance cure provisions as may be set forth in the development agreement, the planning commission may recommend to the city council unilateral termination or modification of the agreement. The planning commission may also recommend granting, subject to any reasonable terms and conditions, a reasonable time for the applicant or successor in interest to bring the project into compliance with the development agreement. If the planning commission determines on the basis of substantial evidence that the applicant or successor in interest to the adopted development agreement has complied in good faith with the terms and conditions of the agreement, it shall by resolution adopt a statement of compliance certifying such compliance in a form recordable in the county recorder’s office. A resolution adopting a statement of compliance shall be final ten days after the planning commission decision, unless a notice of appeal has been filed pursuant to chapter 24.565.

C. Statement of Compliance. The applicant, city council, or any interested person may appeal the planning commission’s resolution adopting a statement of compliance in accordance with the procedures set forth in chapter 24.565. The appellant shall bear the burden of demonstrating on the basis of substantial evidence that the applicant or successor in interest has not complied with other terms and conditions of the adopted development agreement. The city council may uphold the statement of compliance, amend and approve the planning commission recommendation or statement of compliance, or reject it. The city council may unilaterally terminate or modify the agreement upon a determination based upon substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement. Such a determination shall be final and conclusive.

ent of compliance, amend and approve the planning commission recommendation or statement of compliance, or reject it. The city council may unilaterally terminate or modify the agreement upon a determination based upon substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement. Such a determination shall be final and conclusive.

D. City Council Review of Termination or Modification Recommendations. If the planning commission recommends unilateral termination or modification of the development agreement, or if it recommends granting a reasonable extension of time for the applicant or successor in interest to bring the project into compliance with the development agreement, the city council shall consider the recommendation at a public hearing noticed in accordance with chapter 24.560. The applicant or successor in interest, city staff, and members of the public shall be given the opportunity to present evidence concerning whether the applicant or successor in interest has or has not complied with the terms of the agreement. At the close of the hearing, which may be continued from time to time, the city council may approve, amend and approve, or reject the planning commission recommendation. If

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 453 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

the city council rejects the planning commission recommendation, it may send the matter back to the planning commission with instructions or it may adopt a resolution adopting a statement of compliance on its own motion. If the city council approves or approves and amends the planning commission recommendation, it shall by motion direct the city attorney to prepare an ordinance amending the development agreement in a manner consistent with the action taken. Such a motion shall be deemed a final and conclusive action on the periodic review of the development agreement which shall not be reconsidered. (Code 1971, § 15.850.130)

A. Development Agreement Deemed Controlling. An adopted development agreement and any terms, conditions, maps, notes, references or regulations which are a part of the development agreement shall be considered enforceable elements of the city’s Municipal Code. In the event of an explicit conflict with any other provisions of the city’s Municipal Code, the development agreement shall take precedence. Unless otherwise provided by the development agreement, the city’s ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement and construction standards shall be those city ordinances, resolutions, rules and regulations, and official policies in force at the time of final approval of the development agreement ordinance by the city council.

B. Changes in the Law. All adopted development agreements shall be subject to the laws of the State of California, the Constitution of the United States, and any state or federal codes, statutes, regulations, or any precedential court decision. In the event that any such law, code, statute, regulation, 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, such provisions of the development agreement shall be modified or suspended as may be necessary to assure compliance by the city, applicant or successor in interest with such law, code, statute, regulation, mandate, or decision. Nothing in this section shall be deemed to affect the validity of fees, conditions, or other exactions imposed and confirmed by the terms of the agreement.

C. Architectural Review Board. Unless otherwise provided in an adopted development agreement. the implementation and execution of all phases of a development agreement shall be subject to review by the architectural review board pursuant to chapter 24.545. (Code 1971, § 15.850.140)

A. General. An adopted development agreement shall be enforceable by the city, applicant, or successor in interest notwithstanding any change in any applicable comprehensive or specific plan, zoning, subdivision or building regulation adopted by the city which alters or amends the rules, regulations or policies specified in the development agreement.

B. Amendment and Termination. An adopted development agreement may be amended or terminated by mutual consent of the parties, including, without limitation, any successors in interest, to the agreement. Nothing in this

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 454 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

section shall limit or otherwise affect the city’s ability to terminate unilaterally or modify a development agreement as a result of periodic review.

C. Injunctive Relief. The city council finds that significant public harm will result from noncompliance with the terms and conditions of development agreements by applicants or their successors in interest and further finds that the potential harm to the public outweighs any potential harm to applicants or their successors in interest so that injunctive relief is the most appropriate way to protect against such public harm.

The city may, therefore, in addition to any other remedy or relief provided by law, enforce an adopted development agreement and any of its terms by temporary, preliminary, or permanent injunction issued by a court of competent jurisdiction. (Code 1971, § 15.850.150)