Chapter 16.234 — DEVELOPMENT AGREEMENTS

(A) Purpose. The purpose of a Development Agreement is to ensure to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with clearly stated policies, rules and regulations, and subject to specified conditions of approval. Development Agreements also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical manner to the benefit of the city.

(B) Intent. This Chapter 16.234 is enacted to achieve the maximum utilization of public and private resources in the development process, and ensure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are reached.

(Ord. 1104, passed 7-19-04)

Pursuant to Cal. Gov’t Code § 65865, any person having a legal or equitable interest in real property for the development of such property, or any person acting as the authorized agent for such property owner, may apply to the city for a Development Agreement. Applications must be filed pursuant to the provisions of Chapter 16.202 (Applications, Processing, Filing, and Fees) of this Title 16.

(Ord. 1104, passed 7-19-04)

The City Council finds that it may be in the city's best interest to enter into a Development Agreement when a project is to:

• (A) Be phased over a period of years;

• (B) Receive a density bonus;

• (C) Consist of 20 residential units or more;

• (D) Occupy more than two acres;

• (E) Be a project subject to development approval pursuant to this Title 16;

• (F) Involve the amendment of the General Plan of the city;

• (G) Involve the formation of any assessment, benefit, maintenance, or special benefit district, or for the installation of required or necessary on-site or off-site improvements or infrastructure;

(H) Involve mitigation measures imposed upon a development project as a consequence of the approval of an environmental impact report in which such mitigation measures are a condition as a mechanism for eliminating or reducing environmental impacts; or

(I) Proceed upon a determination by the City Council to be in the best interests of the city.

(Ord. 1104, passed 7-19-04)

• (A) All draft and final Development Agreements must contain the following information:

• (1) The duration of the Agreement;

• (2) The permitted uses of the property;

• (3) The density or intensity of permitted uses;

• (4) The maximum height and size of proposed buildings; and

• (5) Provisions for reservation or dedication of lands for public purposes.

• (B) The Development Agreement may also contain the following information:

• (1) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such

conditions, terms, provisions, and requirements do not prevent development of land for the purposes and level of use set forth in the Agreement.

• (2) Requirements that construction be commenced within a specified time period, and that

the project or any phase thereof be completed within a specified time frame.

(Ord. 1104, passed 7-19-04)

(A) Upon receiving a Development Agreement application, the Planning Director will make a determination as to whether the application is complete. If deemed incomplete, the application will be returned to the applicant for further information. In deemed complete, the Director will review the application and determine the additional requirements necessary to complete the Agreement.

• (B) The Director will prepare a report outlining facts and recommendations relative to the application. The report will be provided to the Planning Commission prior to any scheduled public hearing on the application.

• (C) A public hearing before the Planning Commission will be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings).

• (D) The Planning Commission will make a recommendation to the City Council to approve, approve with modifications, or deny the Development Agreement application.

(E) As part of its recommendation to the City Council, the Planning Commission may recommend use of a Development Agreement as a method of implementing or providing standards and criteria for any development approval so long as the development meets the applicability requirements set forth in this Chapter 16.234. (Ord. 1104, passed 7-19-04)

(A) A public hearing before the City Council will be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings) of this Title 16.

(B) At the hearing, the City Council will consider the Planning Commission's recommendation together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the Planning Commission. If public testimony is presented on an issue that was not considered by the Planning Commission, the City Council may refer the issue back to the Planning Commission for further hearings and recommendations. (Ord. 1104, passed 7-19-04)

(A) Findings required. When acting to approve a Development Agreement application, or approve in modified form, the City Council will be required to make the following findings on the Agreement:

(1) The proposed Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plans;

(2) The proposed 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;

(3) The proposed Agreement will promote public convenience, general welfare, and good land use practice;

(4) The proposed Agreement will not adversely affect the orderly development of property or the preservation of property values; and

(5) The proposed Agreement will promote and encourage the development of the proposed project.

(B) Adoption by ordinance. If the City Council approves the Development Agreement, it will do so by adoption of an ordinance. The city may enter into the Agreement after the ordinance approving the Development Agreement takes effect.

(Ord. 1104, passed 7-19-04)

Within ten calendar days after the city enters into the Development Agreement, the City Clerk will record the Agreement with the Ventura County Recorder. If the parties to the Agreement or their successors in interest amend or cancel the Agreement as provided in § 16.234.090 of this Chapter 16.234, or if the city terminates or modifies the Agreement as provided in § 16.234.090 of this Chapter 16.234 for failure of the applicant to comply in good faith with the terms or conditions of the Agreement, the City Clerk will record notice of such action with the County Recorder. (Ord. 1104, passed 7-19-04)

(A) Initiation of amendment or cancellation. Any Development Agreement may be canceled or amended by mutual consent of the parties.

(B) Procedures.

(1) Cancellation or modification by mutual consent. Any proposal to cancel or modify a Development Agreement will be heard and determined in accordance with the procedures specified by this Chapter 16.234 for approval of a Development Agreement.

(2) Cancellation by city. If, at any time during the term of a Development Agreement, it is found that the party to the Agreement has not complied with the terms and conditions of the Development Agreement, a public hearing will be held by the City Council at which time the party to the Agreement will be given the opportunity to demonstrate otherwise. The burden of proof will be upon the party to the Agreement to show compliance by substantial evidence. If such compliance is not shown, the City Council may either cancel the Development Agreement, or continue the Agreement on such terms and conditions as it may consider appropriate under the circumstances.

(C) Rights of the parties after cancellation or termination.

(1) In the event that a Development Agreement is canceled or otherwise terminated, unless otherwise agreed, all rights of the party to the Agreement or successors in interest under the Development Agreement will terminate.

(2) Any and all benefits, including money or land, received by the city will be retained by the city.

(3) Notwithstanding the above provisions, any termination of a Development Agreement will not revoke a valid building permit previously issued by the city for any improvement authorized by the Development Agreement. All such completed or completing uses will, to the extent possible, be deemed nonconforming uses, and will be subject to the nonconforming use provisions of this Title 16.

(Ord. 1104, passed 7-19-04)

(A) Time for and initiation of review. The city will review all Development Agreements once every 12 months after the city enters into such Agreements.

(B) Applicant's submission. Between 45 and 60 days prior to the yearly anniversary of the date a Development Agreement was entered into, the party to the Agreement or successors in interest will submit evidence to the Planning Director of good-faith compliance with the Agreement and will notify the Director in writing that such evidence is being submitted to the city pursuant to the periodic review requirements of this section. Said notification will be accompanied by a processing fee as specified in the city's fee schedule.

(C) Findings of compliance. If the party to the Agreement or successors in interest has complied with the terms of the Development Agreement, a finding of compliance will be issued, which may be recorded by the Party to the Agreement or successors in interest with the Ventura County Recorder.

(D) Finding of noncompliance. If, on the basis of substantial evidence, it is found that the party to the Agreement or successor in interest has not complied with the terms of the Development Agreement, the party to the Agreement or successor in interest will be notified in writing of the grounds of noncompliance. A reasonable time period will be specified in which the party to the Agreement or successor in interest must comply. If the party to the Agreement or successor in interest does not comply within the time limits prescribed, the Development Agreement will be subject to cancellation pursuant to § 16.234.090 of this Chapter 16.234.

(E) Appeal of determination. Upon the payment of the required fee, any interested person may file an appeal of the issuance of a finding of compliance, or notice of noncompliance, to the City Council within ten calendar days after the date of issuance or notice.

(Ord. 1104, passed 7-19-04)

The Development Agreement process set forth in this Chapter 16.234 will be separate from other land use planning procedures. If so specified in the Development Agreement, it will constitute an approval pursuant to such planning procedures as if separately enacted under city planning ordinances or resolutions. (Ord. 1104, passed 7-19-04)

When approved, the Development Agreement and any development control maps and all notations, references, and regulations that are a part of the Development Agreement will be part of the Development Agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding, or design of structures; location or design of open areas; and landscaping and other comparable regulations.

(Ord. 1104, passed 7-19-04)

This Chapter 16.234 and any subsequent Development Agreement will be read together. With respect to any Development Agreement enacted under this Chapter 16.234, any provision of such a Development Agreement that is in conflict with this Chapter 16.234 will be void. Unless otherwise provided by the Development Agreement, the city's rules, regulations, and official policies governing permitted uses of land, governing density, and governing design, improvement construction standards and specifications applicable to development of the property subject to a Development Agreement will be those City rules, regulations, and official policies in force at the time of the approval,

or modification, of the Development Agreement by the City Council; provided, however, that the party to the Agreement or successor in interest is subject to all increases in city- imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a Development Agreement.

(Ord. 1104, passed 7-19-04)