Chapter 17.75 — DEVELOPMENT AGREEMENT

The purpose of this chapter is to provide procedures and requirements for consideration of development agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5 . The purpose of development agreements is to benefit the public, in that:

• A. Development agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

• B. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

• C. Development agreements enable the City to plan or and finance public facilities, including, but not limited to, streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

• (Ord. 247, 1/15/2025)

• A. Only a person who has legal or equitable interest in the subject property, which is the subject of the development agreement, or his/her authorized agent, may submit an application for a Development Agreement.

• B. The City may enter into a development agreement with a person having legal or equitable interest in property within the City or unincorporated territory within that City's sphere of influence.

• (Ord. 247, 1/15/2025)

In approving a development agreement, the approving authority may make alterations to the proposal to ensure that the proposed agreement will comply with the required findings. (Ord. 247, 1/15/2025)

Pursuant to Government Code Section 65867.5 , a development agreement shall be approved by ordinance and is subject to referendum. Prior to approving a development agreement as prescribed

by this chapter, the approving authority shall make all the following findings:

• A. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.

• B. The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.

• C. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.

• D. The proposed development agreement will not be detrimental to the health, safety and general welfare within the City.

• E. The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values.

• F. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.

• G. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7 .

• (Ord. 247, 1/15/2025)

Written notice of decision on the development agreement application shall be provided in accordance with Section 17.125.100 (Approval Authority). (Ord. 247, 1/15/2025)

Development agreements shall become effective on the date specified in the agreement. For development agreements a relating to property located outside the City limits within the City's Sphere of Influence which shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the agreement. (Ord. 247, 1/15/2025)

• A. A development agreement shall specify:

  1. The duration of the agreement.

  2. The permitted uses of the property.

  3. The density or intensity of the use.

  4. The maximum height and size of proposed buildings.

  5. Provisions for preservation or dedication of land for public purposes.

• B. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within

a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

• C. For development agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.

• (Ord. 247, 1/15/2025)

• A. After the ordinance approving the development agreement takes effect, the City shall enter into the development agreement by signature of the Mayor or his/her designee.

• B. The City shall not execute a development agreement until it has been executed by the applicant.

• C. Not more than 10 days following the execution of a development agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement.

• (Ord. 247, 1/15/2025)

• A. The Community Development Director shall conduct a public hearing for the periodic review of compliance with the agreement at least every 12 months in accordance with Sections 17.125.080 through 17.125.120 , inclusive. The applicant shall be required to demonstrate good faith compliance with the terms of the agreement. Where the Community Development Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms and conditions of the agreement, the City Council may take action as authorized by Government Code Section 65865.1 . The City Council may impose such terms and conditions on the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council shall be final.

• B. For development agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void.

• (Ord. 247, 1/15/2025)