Chapter 17.66 — DEVELOPMENT AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of development agreements, in compliance with Government Code Section 65864, et seq. (A (part), 2004; Ord. 766 § 2 Exh)

• A. Qualification as an Applicant. Only a person who has legal or equitable interest in the real property that is the subject of a proposed development agreement, or their authorized agent, may apply to the city for the approval of a development agreement. The director may require an applicant to submit proof of their interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the director shall 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.

• B. Application Contents.

  1. Forms and Information. The city manager shall prescribe the form for application, notice and documents provided for or required under this chapter for the preparation and implementation of a development agreement. The city manager may require an applicant to submit information and supporting data as the city manager considers necessary to process the application.

  2. Proposed Form of Agreement. Each application shall be accompanied by a draft development agreement in the form required by the city.

  3. Fee. Each application for a development agreement shall include the processing fee deposit established by the council's fee resolution.

• C. Application Filing and Processing. An application for a development agreement shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title.

• (A (part), 2004; Ord. 766 § 2 Exh)

• A. Notice of Intention. The director shall give notice of intention to consider adoption of a development agreement in addition to any other notice required by this land use code for other actions to be considered concurrently with the development agreement. The notice shall be given in the same manner as other public hearing notices, in compliance with Section 17.88.020 (Notice of hearing) of this title.

• B. Public Hearings. The commission shall conduct at least one public hearing on a proposed development agreement prior to making a recommendation to the council on the agreement, and the council shall conduct at least one hearing prior to a decision on the application. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.88 (Public Hearings) of this title. The failure to receive notice by any person entitled to notice by law or this zoning ordinance does not

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City of Cotati, CA

LAND USE

§ 17.66.030

§ 17.66.040

affect the authority of the city to enter into a development agreement.

• C. Irregularity in Proceedings. No action, inaction or recommendation regarding a proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

• (A (part), 2004; Ord. 766 § 2 Exh)

• A. Commission Recommendation. After a hearing, the commission shall make its recommendation in writing to the council. The recommendation shall include the commission's determination, and reasons for the determination, as to whether the proposed development agreement:

  1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

  2. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district where the site is located;

  3. Is in conformity with public convenience, general welfare and good land use practice;

  4. Will not be detrimental to the health, safety and general welfare;

  5. Will not adversely affect the orderly development of property or the preservation of property values.

• B. Adverse Decision by Commission. If the commission recommends against adoption of the development agreement, the council shall not be required to take further action unless an interested party requests a hearing by filing a written request with the clerk of the council within five days after the commission recommendation is filed with the council. Notice of the hearing shall be given in compliance with Section 17.88.020 of this title.

• C. Decision by Council.

  1. After the council completes its public hearing, it may approve, approve subject to conditions, or deny the development agreement. It may, but need not, refer matters not previously considered by the commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the council.

  2. The council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

• D. Approval of Development Agreement. Council approval of a development agreement shall be by the adoption of an ordinance. The council may enter into the agreement after the

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City of Cotati, CA

COTATI CODE

§ 17.66.040

§ 17.66.080

ordinance approving the development agreement takes effect. (A (part), 2004; Ord. 766 § 2 Exh)

• A. Initiation of Amendment or Cancellation. Either party may propose an amendment to or cancellation of an effective development agreement, in whole or in part.

• B. Procedure. The procedure for proposing and adopting an amendment to, or cancellation in whole or in part of a development agreement shall be the same as the procedure for entering into an agreement as provided by this chapter, except as otherwise provided in the development agreement.

• (A (part), 2004; Ord. 766 § 2 Exh)

• A. Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

• B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of the action recorded with the county recorder.

• (A (part), 2004; Ord. 766 § 2 Exh)

• A. Review Required. Every development agreement approved and executed in compliance with this section shall be subject to annual city review, during the full term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the applicant.

• B. Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

• C. Initiation of Review. The applicant shall contact the director to initiate the required periodic review no later than sixty days prior to the expiration of each twelve-month period after the execution of the development agreement.

• D. Action Based on Noncompliance. If, as a result of periodic review the council finds and determines, on the basis of substantial evidence, that the applicant or its successor-ininterest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.

(A (part), 2004; Ord. 766 § 2 Exh)

• A. Proceedings Upon Modification or Termination. If, upon a finding under Section 17.66.070(E) of this chapter, the city determines to proceed with modification or

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City of Cotati, CA

LAND USE

§ 17.66.080

§ 17.66.080

termination of the agreement, the city shall give notice to the property owner of its intention to do so. The notice shall contain:

1. The time and place of the hearing;

2. A statement as to whether or not and in what respects the city proposes to terminate or to modify the development agreement;

3. Other information that the city considers necessary to inform the property owner of the nature of the proceeding.

• B. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the council is final.

• (A (part), 2004; Ord. 766 § 2 Exh)

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City of Cotati, CA