ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose.
• (1) This section is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State (Sections 65864 et seq.). The purpose of this section is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development by providing an option to both the City and project proponents to enter into a Development Agreement. To accomplish this purpose the procedures, requirements, and other provisions of this article are determined to be necessary to promote orderly growth, development, and economic welfare, and to ensure adequate circulation, utilities, public improvements and public services.
• (2) Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to a development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. However, a Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
• (b) Criteria. The Planning Commission and City Council shall find that the proposed Development Agreement is:
• (1) Consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan;
• (2) Compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;
• (3) In conformity with the public convenience, general welfare, and good land use practices;
• (4) Not detrimental to the health, safety, and general welfare; and
• (5) Will not adversely affect the orderly development of property or the preservation of property values.
• (c) Application and contents of Development Agreement.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon the filing of an application, the applicant shall pay a fee as set forth by resolution of the City Council.
• (4) The City may require an applicant to submit such information and supporting data as the Chief of Planning considers necessary to process the application.
• (5) Each application shall be accompanied by the Development Agreement proposed by the applicant. The Development Agreement shall contain, at a minimum, the following information:
• a. The duration of the agreement.
• b. The permitted uses of the property.
• c. The density or intensity of the proposed use.
• d. The maximum height and size of proposed buildings.
• e. The provisions for reservation or dedication of land for public purposes.
• f. The provisions for periodic reviews at least every twelve (12) months.
• (d) Setting Planning Commission hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.
• (e) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission to consider an application for a Development Agreement shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (4) Additional notice. For any Development Agreement in the Harbor-Pier area, the notice shall also be mailed to each master lessee in the Harbor-Pier area, and shall be posted in at least two (2) public places on each master leasehold in the Harbor-Pier area.
• (f) Setting City Council hearings. The City Council shall hold a public hearing, after which it may accept, modify, or disapprove the recommendation of the Planning Commission and approve, approve with conditions, or disapprove the Development Agreement.
• (g) Notice of public hearing before the City Council. Notice of public hearing before the City Council to consider the recommendation of the Planning Commission and the proposed Development Agreement shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (h) Approval of Development Agreements. If the City Council approves the Development Agreement, it shall do so by the adoption of an ordinance. The agreement shall take effect upon the effective date of the ordinance.
• (i) Recordation. Within ten (10) days after the City enters into a Development Agreement, the City Clerk shall have the agreement recorded with the County Recorder. If the agreement is amended or cancelled as provided in Section 10-2.2518 (k), City Clerk shall have notice of such action recorded with the County Recorder.
• (j) Periodic reviews.
• (1) The Planning Commission shall review the Development Agreement every twelve (12) months after the date the agreement is entered into. It shall be the project proponent's responsibility to apply in a timely fashion for the annual review. The time for the review may be modified either by agreement between the parties, or by decision of the Planning Commission.
• (2) Notice shall be given to the property owner that the Planning Commission intends to undertake the review of the Development Agreement. The notice shall be given by first class mail and shall be mailed at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.
• (3) The Planning Commission shall conduct a hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner.
• (4) The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.
• a. If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for such period shall be concluded.
• b. If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission shall forward its recommendation to the City Council, and the City Council may propose to amend or cancel the agreement. Notice shall be given to the property owner that the City Council intends to undertake the review of the Development Agreement. The notice shall be given by first class mail and shall be mailed at least ten (10) days in advance of the time at which the matter will be considered by the City Council.
• (k) Amendments or cancellation.
• (1) Either party may propose an amendment to or cancellation in whole or in part of the Development Agreement previously entered into.
• (2) The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the Development Agreement shall be the same as for entering into an agreement pursuant to Section 10-2.2518 (d), (e), (f), (g), and (h).
• (3) The decision of the City Council to amend or cancel the agreement shall be final.

(Ord. 2756 c.s., eff. January 18, 1996)

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