HomeMy WebLinkAbout03/07/1989, C-7 - CONSIDERATION OF AMENDING THE ZONING REGULATIONS TO ADD PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT MEETING DATE:
city of San Luis OBISPO 3-7-89
so Mill COUNCIL AGENDA REPORT ITEM NUMBER:
FROM Michael Multari, Community Development Director; Prepared By: Jeff Hook r/
SUBJECT: Consideration of amending the Zoning Regulations to add procedures and
requirements for development agreements.
CAO RECOMMENDATION
Concur with the Director's Negative Declaration and pass-to-print the draft
ordinance amending the Zoning Regulations to establish procedures and requirements
for development agreements.
BACKGROUND
On January 3rd, the Council reviewed the draft ordinance and asked staff to clarify some
provisions. The draft has been revised, and the changes are discussed below.
At its December 14th meeting, the Planning Commission concurred with the Director's
negative declaration and recommended council approval of the zoning text amendment with
minor changes (5-0 vote, Commis. Gerety and Hainline absent). Commissioners suggested
clarifications of submittal requirements and application procedures.
During Council hearings on the proposed Southern California Gas Company Annexation,
development agreements were cited as a possible tool for securing public improvements
concurrent with the annexation. One of the property owners has submitted a draft
development agreement, and asked the city to establish a review process for such
agreements (letter attached). The California Government Code requires local governments
to establish procedures and requirements for development agreements upon the request of
an applicant. The City Attorney recommends that such procedures be adopted by ordinance.
SIGNIFICANT IMPACTS
The proposed zoning text change would not pose significant impacts. It is consistent
with California Government Code and the city's General Plan policies, and would not alter
land use patterns, or the rate or intensity of city development. It is a procedural
change intended to increase the certainty and confidence in the development process, and
provides the city with a new tool for securing public improvements and dedications.
Projects covered by development agreements would be subject to the same environmental
review, legal notice, and public hearing requirements as conventional development
projects. As proposed, development agreements alone would not confer any development
entitlement. Instead, they would set the terms and conditions under which developments
could proceed once all city approvals had been granted, and spell out land uses, phasing,
public improvements and dedications, and consequences of non-compliance.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
Failure to enact an approval process for development agreements may conflict with state
law. While the Government Code requires local governments to set procedures and
requirements for development agreements if requested to do so by an applicant, it does
not require cities or counties to use them. The city retains full authority to decide
when, and under what terms and conditions it will enter into a development agreement.
���n�►�iiil�iIIIIIIIIP j��IU city of san tins osispo
COUNCIL AGENDA REPORT
Staff Report
Page 2
CITIZEN PARTICIPATION
On December 14, 1988 the Planning Commission voted 5-0 in favor of the zoning text
amendment with some minor wording changes. The recommended changes are listed below and
included in the draft ordinance. Before the meeting, staff circulated the draft
ordinance and a model development agreement for comment to Southern California Gas
Company Annexation area property owners and other interested parties. Staff has not
received any property owner or citizen comments on the text change.
The commission recommended the following changes, and these are incorporated into the
revised draft ordinance:
A. Expand wording on page 5, section A.5. to include typical site plan information
like topography, property lines, lot dimensions, building setbacks, and
significant natural features.
B. Clarify wording at bottom of page 5, section B. that incomplete applications will
not be processed.
C. Clarify wording on page 8, section A.5. regarding reservation or dedication of
land to be secured for public purposes, and give examples.
D. Reword the top paragraph, page 11 to clearly state that development covered by
development agreements shall comply with General Plan, Zoning and Subdivision
Regulations, and other applicable policies.
DISCUSSION
Proposed Chances
Council-requested changes and the response are listed below:
1. Clarify that city use of a development agreement is optional, and that the city
would enter into an agreement only when public purpose or benefit could be clearly
demonstrated.
Response: Sentence added to Section 17.94.020, p. 3 - At its sole discretion,
the Council may, but is not required to, approve a development
agreement where a clear public benefit or public purpose can be
demonstrated.
2. Require list of all property owners in development agreement application.
Response: Section 17.94.070(2), p. 4, requires names and addresses of the
applicant and of all persons having a legal or equitable Interest in
all or a part of the property to be listed in the application.
3. Include provision allowing the City withdraw water or sewer service committments t
for public health and safety reasons resulting from a resource deficiency.
p�,1l city of San tins OBISPO
COUNCIL AGENDA REPORT
Staff Report
Page 3
Response: Section 17.94.160(C), p. 11, has been added as follows:
A development agreement shall not preclude the City from adopting and
implementing emergency measures regarding water or sewer resource deficiencies
when the Council determines that such action is necessary to protect public health
and safety. If such action becomes necessary, Council reserves the right to
suspend water or sewer service on an equitable basis, until such deficiencies are
corrected.
4. Delete "tenant names" from the application requirements.
Response: Done, Section 17.94.070(A.7), p.5. "Occupant" addresses would still
need to be included to allow notification of tenants.
5. Consider changing 30- to 60-day response time for execution of development
agreement following Council approval.
Response: Section 17.94.140(B. and C.), p. 10, revised to allow a 60-day
response time. State Code sets a minimum 30-day period, however
cities may allow a longer response time.
6. Consider including a "pre-application authorization" for applicants before they
actually file for development agreement approval.
Response: Staff contacted nine cities who have adopted, or are considering
adoption of a development agreement approval process. These were
Santa Monica, Camarillo, Ventura, Santa Barbara, Lompoc, Santa Maria,
Monterey, Mountain View, and Davis. Of these, two encouraged, but did
not require a "pre-application Council review" -- Ventura and Santa
Maria. The rest had no pre-application review process.
Section 17.94.060 - Pre-Application Review, has been added. It
provides for a two-step preliminary review: a pre-application
conference with the Community Development Director is required; and
pre-application review by Council is an optional step, after meeting
with the Director. At the review, Council could comment on the basic
features of a proposed project, and if it chose to do so, encourage or
discourage applicants from pursuing the development agreement
approach.
7. Clarify at what point does the development agreement become an entitlement to
build; and to what degree must projects with a building permit and covered by a
development agreement comply with changes to State law?
Response: California's common law regarding vested rights was clearly defined in
Avco Community Developers, Inc. v. South Coast Regional Commission (1976). Briefly, the
court found that a developer has a vested right to build when: 1) the developer has
secured a valid construction permit, and 2) the developer has performed work and
incurred substantial costs in good faith reliance on the permit. A use permit,
architectural approval, tentative subdivision map approval, or rezoning does not, in ��
itself, grant an entitlement to build.
110111%qlgplllIjjII City Of San IWS OBISPO
Nis COUNCIL AGENDA REPORT
Staff Report
Page 5
Also, the format of development agreements affords the city and developer more
flexibility in structuring a detailed, comprehensive framework for project approval and
completion than do typical use permit or PD conditions.
City Authority
While the code requires local agencies to set procedures and requirements for development
agreements if requested to do so by an applicant, it does not require cities or
counties to use them. The local agency retains full authority to decide when, and
under what terms and conditions it will enter into a development agreement. If the local
agency does use development agreements, it must follow public notice and hearing
procedures applicable to other discretionary land use entitlements. Development
agreements are considered legislative acts to be approved by ordinance, and are subject
to referendum.
Development agreements could be used with development approvals like annexations, planned
development rezonings, and subdivisions. Development agreements alone would not confer
an entitlement to build. The building permit continues to be the legal entitlement to
build a project. Instead, they would establish the terms and conditions under which
developments could proceed once all necessary approvals had been granted. They would
spell out land uses, phasing schedules, public improvements and dedications, and
consequences of non-compliance; and could be used to relax certain zoning standards like
building height, setbacks, lot coverage, or density.
i
Other jurisdictions, such as the City of Santa Monica and the City of Los Angeles have
used development agreements to grant use permits and variances. Under this approach, the
agreement receives public notice and hearing as with any other land use approval, and the
commission and council can relax development standards and grant other development
incentives under the terms of the agreement, in lieu of a use permit or variance.
Section 17.94.250(B), p. 15 has been modified to allow the Commission to recommend, and
the Council to relax development standards if it makes certain findings.
Model Develonment Agreement
Staff has prepared a model development to illustrate format and content of a development
agreement. While certain basic requirements will be included in all agreements, terms
and conditions could vary depending upon the project and planning issues. Under the
proposed ordinance, development agreements would be reviewed by the planning commission
who would then make a recommendation to the council. The council could then approve,
modify, or reject the agreement. Development agreements could, but wouldn't have to be,
processed concurrently with other planning applications.
ALTERNATIVES
1. Approve the text amendment with or without changes. i
The government code prescribes mainimum requirements, and gives local governments broad
discretion over development agreement procedures, format and content. The council may
modify the proposed wording, add or delete text as appropriate. Staff supports this
approach since it would comply with state law, and provide additional flexibility in the2 r
development review process.
1111111111111011111 city of San Luis OBISpo
COUNCIL AGENDA REPORT
Staff Report
Page 4
Development agreements do not confer a vested right to build; but they do provide added
certainty that the project can proceed through permit issuance and construction under
standards in effect at the time the agreement's executed, despite changes to city codes,
policies or standards. The legality of development agreements under the state enabling
statute has not been fully tested in the courts.
Development agreements would not exempt projects from complying with changes to Federal
or State law which in turn, require changes to city or county laws -- for example,
handicapped access requirements. If this happens, Section 17.94.170 (p. 11) of the draft
ordinance provides that terms of the development agreement shall be modified or suspended
as necessary to comply with changes to state or Federal laws.
History
California's Development agreement statute was enacted in 1979. It was prompted by: 1)
developer's concerns with the proliferation of new land use regulations and related
uncertainties in the development process; and 2) Local government worries about the
sources of public infrastructure financing in the wake of Proposition 13. The new bill
allowed cities and counties to enter into development agreements, and was intended to:
1. Increase certainty in the development process by "vesting" planning entitlements
like use permits, variances, and planned development rezonings; and
2. Provide a flexible negotiation tool for local governments to secure necessary
public improvements for phased or complex projects.
The statute allows any city or county to enter into a development agreement with any
person having legal or equitable interest in real property, and to establish procedures
and requirements for such agreements. The agreements must be reviewed annually for
developer compliance. The city or county may terminate the agreement if it finds
evidence of violation of the agreement's terms. As a minimum, the agreement must
address: duration of agreement, land use or intensity, maximum size and height of
proposed buildings, and dedications of land for public use. Other terms or conditions
may be added at the discretion of the city or county, provided that they do not frustrate
the basic purpose and intent of the agreement.
Purpose
In essence, the development agreement "bridges" the critical period between securing
development approvals and completing a project. For large or complex project, this
period may last several years. Once approved, the development agreement would allow the
project to proceed to completion under the regulations, policies, standards and
conditions in effect at the time of project approval. The local agency can, however,
deny or conditionally approve later development applications not covered by the original
agreement. Furthermore, it can apply new regulations to the approved project provided
that they do not conflict with the development agreement.
Development agreements can be used to establish conditions of approval, phasing, public
improvements, or other terms in connection with annexations and achitectural approvals - low
-
city actions which don't typically include such conditions. d. ��
city of San tins OBISpo
COUNCIL AGENDA REPORT
Staff Report
Page 6
2. Continue the text amendment for additional discussion or information.
There is no specific deadline for adopting development agreement procedures and
requirements. The council may continue the amendment for more changes or discusssion, or
if it needs additional information. The only project which may be affected by a
continuance is the proposed Southern California Gas Company Annexation, tentatively
scheduled to return to the council in March.
3. Deny the text amendment.
The council could deny the proposed text amendment. To comply with state law, however,
the city would need to develop some other standards for development agreements. Staff
feels the proposed ordinance is sound, and meets state requirements and city and
developer needs.
RECOMMENDATION
Adopt the draft ordinance affirming the Director's negative declaration and adding
procedures and requirements for development agreements to the Zoning Regulations.
Attachments:
-Draft ordinance
-Model development agreement
-Initial environmental study
-California Government Code excerpt
-Letter from SoCal Gas annexation property owner.
jh4/crl424
I
l
O
ORDINANCE NO. (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT AGREEMENTS
WHEREAS, State law allows cities and counties to establish procedures and requirements
for the consideration of development agreements; and
O WHEREAS, such procedures and requirements, once established by law, allow cities and
counties to enter into a development agreement with any person having a legal or
equitable interest in real property; and
WHEREAS, the Council finds that such development agreements serve a public purpose by
providing additional certainty for all parties during the development process, reducing
unnessary costs and time delays, encouraging investment in and a committment to
comprehensive planning, and by utilizing resources efficiently while reducing public
costs; and
WHEREAS, development agreements provide assurances to applicants that upon approval of a
project, the applicant may proceed with the development in accordance with existing
policies, standards, conditions, and regulations in effect at the time of execution of
the agreement; and
WHEREAS, the Council also finds that such development agreements provide a tool to secure
necessary public improvements, secure landscaping, open space or other public amenities,
and to establish the terms and conditions for extending urban services prior to
annexation; and
WHEREAS, the proposed ordinance has been evaluated in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and a negative
declaration has been granted;
NOW, THEREFORE, BE ORDAINED by the City Council of the City of San Luis Obispo as
follows:
O
At —
Development Agreement O
Page 2
SECTION 1. Chapter 17.94 is hereby added to the San Luis Obispo Municipal Code to
read as follows:
Chapter 17.94 -- DEVELOPMENT AGREEMENTS
Sections:
17.94.010 Purpose and Scope.
17.94.020 Authority.
17.94.030 Initiation of Hearings.
17.94.040 Applications - Legal Interest.
17.94.050 Fees.
17.94.060 Pre-application Review.
17.94.070 Applications - Contents.
17.94.080 Public Notice.
17.94.090 Failure to Receive Notice.
17.94.100 Planning Commission Hearing and Recommendation.
17.94.110 City Council Hearing.
17.94.120 City Council Action.
17.94.130 Development Agreement - Contents.
17.94.140 Development Agreement - Adoption of Ordinance - Execution of Contract.
17.94.150 Recordation of Executed Agreement.
17.94.160 Ordinance, Regulations and Requirements Applicable to Development..
17.94.170 Subsequently Enacted State and Federal Laws.
17.94.180 Enforcement - Continuing Validity.
17.94.190 Amendment - Time Extension - Cancellation.
17.94.200 Review for Compliance - Director's Authority. •
17.94.210 Violation of Agreement - Council Review and Action.
Development Agreement
Page 3
17.94.220 Modification or Termination for Violations.
17.94.230 Consequences of Termination.
17.94.240 Irregularity in Proceedings.
17.94.250 Coordination of Approvals.
17.94.260 (left blank)
DRAFT ORDINANCE
17.94.010 Purpose and Scope. Development agreements specify the rights and
responsibilities of the City and developers. Used in conjunction with subdivision
approval, annexation, rezoning, or architectural approval, development agreements
establish. the terms and conditions under which development projects may proceed.
�_- Development agreements are best used for large, complex, or phased projects which require
extended construction time, and which involve numerous public improvements such as
streets, utilities, flood improvements, schools, parks and open space and other
improvements of community-wide benefit. Under a development agreement, projects may
proceed under the rules, standards, policies, and regulations in effect at the time of
original project approval.
17.94.020 Authority. This Chapter establishes procedures and requirements for
development agreements for the purposes specified in and as authorized by Article 2.5,
Chapter 4, Title 7 of the Government Code Section 65864 et. sea. The Planning Commission
may recommend and the City Council may enter into a development agreement for the
development of real property with any person having a legal or equitable interest in such
property, as provided below. At its sole discretion, the Council may, but is not
n
required to, approve a development agreement where a clear public benefit or public
purpose can be demonstrated.
Development Agreement
Page 4
17.94.030 Initiation of Hearings. Hearings on a development agreement may be
initiated: A) upon the filing of an application as provided below; or B) by the
Council by a simple majority vote.
17.94.040 Applications - Legal Interest. Any person having a legal or equitable
interest in real property or such other interest as specified in subsection 17.94.070
A.3(b). may apply for a development agreement, except that a person may not file, and the
Director shall not accept an application which is the same as, or substantially the same
as, an application which was denied within the previous year, unless the application is
initiated by the Council.
17.94.050 Fees. The Council shall establish, and from time to time may amend, a
schedule of fees to cover the City's costs of processing applications for development
agreements.
17.94.060 Pre-Application Review. Before submitting an application and support
materials, applicants shall discuss the proposal with the Community Development
Director. At such review, the applicant should present a preliminary site plan and show
basic features of the proposed project, including its public purposes and/or benefits.
For large or complex projects, the applicant may request Council review of the
preliminary concept. Such a review shall be at the Council's sole discretion, and would
allow Council to review and comment on a proposal early in the review process.
17.94.070 Application - Contents.
A. A Development agreement application shall include the following information: /✓
C' Development Agreement
Page 5
1. A Planning Application and processing fee.
2. The names and addresses of the applicant and of all persons having a legal or
equitable interest in all or a part of the property proposed to be used;
3. Evidence that the applicant:
a. Has a legal or equitable interest in the property involved; or
b. Has written permission from a person having a legal or equitable interest
to make such application;
4. Location of subject property by address and vicinity map..
5. Legal description of the property, including a statement of total area involved;
6. Plan showing the location of all property included in the request for action,
existing and proposed land uses, property lines and. dimensions, topography;
CI significant natural features, setbacks, the location of all highways, street,
alleys and the location and dimensions of all lots or parcels of land within a
distance of 300 feet from the exterior boundaries of the property described in
the application;
7. Mailing list including addresses of all tenants occupying the subject property
and properties within 300 feet from the subject property boundaries, and a
mailing list of owners of adjacent properties within 300 feet from the subject
property boundaries, as shown on the County Assessor's latest available
assessment roll;
8. The proposed development agreement, together with all explanatory text, plans,
maps, drawings, pictures and other information as may be required to evaluate
such proposal, and as further described in Section 17.94.130;
9. Such other information as the Director may require.
C,
V -
Development Agreement
Page 6
B. The Director may waive the filing of one or more of the above items where the
required information is filed with an application for a rezoning, use permit,
variance, subdivision approval, or other development entitlement to be considered
concurrently with the development agreement.
1. The Director may reject any application that does not supply the required
information, and incomplete applications will not be processed.
2. The accurancy of all information, maps and lists submitted shall be the
responsibility of the applicant.
17.94.080 Public Notice.
A. Director Action. When the Director certifies that the application is complete, the
item shall be scheduled for Commission hearing; and the Director shall give notice of
the public hearing, as provided below.
B. Manner of Givin¢ Public Notice Public Notice requirements shall be met by:
1. Mailing or delivery to the applicant and to all owners of real property within
300 feet of the property included in the development agreement, and
2. Mailing or delivery to all tenants of property within 300 feet of the property
included in the development agreement; and
3. Mailing to any person who has filed a written request for such notice with the
Planning Director;
4. Publication at least once in a newspaper of general circulation published and
circulated in the City. Said notice shall be published at least 10 days before
the hearing date, and shall include: a) The time and place of the public
hearing, b) A general explanation of the development agreement including the
property location, proposed land uses, and applicant's name.
CI Development Agreement
Page 7
17.94.90 Failure to Receive Notice. The failure to receive notice by any person
entitled thereto by law or this Chapter does not affect the authority of the City to
enter into a development agreement.
17.94.100 Planning Commission Hearing and Recommendation. The Commission shall
consider the proposed development agreement and shall make its recommendation to the
Council. The recommendation shall include whether or not the proposed development
agreement meets the following findings:
A. The proposed development agreement is consistent with the general plan and any
applicable specific plan; and
B. The proposed development agreement complies with zoning, subdivision and other
applicable ordinances and regulations; and
C. The proposed development agreement promotes the general welfare, allows more
comprehensive land-use planning, and provides substantial public benefits or
necessary public improvements, making it in the city's interest to enter into the
development agreement with the applicant; and
D. The proposed project and development agreement:
1. Will not adversely affect the health, safety, or welfare of persons living or
working in the surrounding area; or
2. Will be appropriate at the proposed location and will be compatible with
adjacent land uses; or
3. Will not have a significant adverse impact on the environment.
17.94.110 City Council Hearing. After the recommendation of the Planning
Commission, the Director shall give notice of a public hearing before the City Council in
Development Agreement
Page 8
the manner provided for in Section 17.94.080.
17.94.120 City Council Action.
A. Referral. After it completes the public hearing and considers the Commission's
recommendation, Council may approve, conditionally approve, modify or disapprove the
proposed development agreement. The Council may refer matters not previously
considered by the Commission during its hearing back to the Commission for review and
recommendation.
B. Aooroval. The development agreement may be approved if the City Council makes the
findings for approval listed in Section 17.94.100 above.
17.94.130 Development Agreement - Contents. J
A. Development agreements shall include the following:
1. The duration of the agreement, including a specified termination date if
appropriate; and
2. The uses to be permitted on the property; and
3. The density or intensity of use permitted; and
4. The maximum height, size and location of buildings permitted; and
5. The reservation or dedication of land for public purposes to be secured,
including, but not limited to rights-of-way, open space preservation, and public
access easements.
6. Proposed exceptions from zoning regulations or other development standard, and
findings where required.
7. The time schedule established for periodic review as required by Section
17.94.200.
_�
r
C- Development Agreement
Page 9
B. Development agreements may also include additional terms, conditions, and
restrictions in addition to those provided above.
These additional terms may include, but are not limited to:.
A. Development schedules providing.that construction of the proposed development as
a total project or in phases be initiated and/or completed within specified time
periods;
B. The construction of public facilities required in conjunction with such
development, including but not limited to vehicular and pedestrian
rights-of-way, public art and other landscape amenities, drainage and
flood-control facilities, parks and other recreational facilities, and sewers
and sewage treatment facilities;
CC. Method of financing such improvements and where applicable, reimbursement to
developer or city.
D. Prohibition of one or more uses normally listed as permitted, accessory, subject
to director's review or subject to use permit in the zone normally allowed by
right;
E. Limitations on future development or.special terms or conditions under which
subsequent development approvals not included in the agreement may occur;
F. The requirement of a faithful performance bond where deemed necessary to and in
an amount deemed sufficient to guarantee the faithful 'performance of specified
terms, conditions, restrictions and/or requirements of the agreement..
In lieu of a bond, the applicant may deposit with the City Clerk certificates of
deposit or other surety acceptable to the Finance Director.
G. Specific design criteria for the exteriors of buildings and other structures,
Jincluding colors and materials, landscaping and signs;
is
Development Agreement '
Page 10
H. Special yards, open spaces, trails, staging areas, buffer areas, fences and
walls, public art, landscaping and parking facilities, including vehicular and
pedestrian ingress and egress;
I. Performance Standards regulating such items as noise, vibration, smoke, dust,
dirt, odors, gases, garbage, heat and the prevention of glare or direct
illumination of adjacent properties;
J. Limitations on operating hours and other characteristics of operation which
Council determines could adversely affect the reasonable use and enjoyment of
surrounding properties.
17:94.140 Development Agreement - Adoption by Ordinance - Execution of Contract.
A. The development agreement shall be approved by the adoption of an ordinance.
Upon the adoption of the ordinance, the City shall enter into the development
agreement by the execution thereof by the City Administrative Officer.
B. No ordinance shall be finally adopted and the City Administrative Officer shall
not execute a development agreement until it has been executed by the applicant
and all other parties to the agreement. If the applicant has not executed the
agreement or agreement as modified by the City Council, and returned said
executed agreement to the City Clerk within 60 days following Council approval,
the approval shall be deemed withdrawn, and the Council shall not finally adopt
said ordinance nor shall the City Administrative Officer execute said agreement.
C. Such 60-day time period may be extended upon approval of the Council.
C- Development Agreement.
Page 11
17.94.150 Recordation of Executed Agreement. Following the execution of a
development agreement by the City Administrative Officer, the City Clerk shall record the
executed agreement with the County Recorder.
17.94.160 Ordinances, Regulations and Requirements Applicable to Development.
Development projects covered by a development agreement shall comply with the General
Plan, Zoning and Subdivision Regulations, and other applicable codes, ordinances, rules,
regulations and official policies in effect on the date of execution of the development
agreement by the City Administrative Officer; provided, however, that a development
agreement shall not:
A. Be construed to prevent the application of later adopted or amended ordinances,
rules, regulations and policies which do not conflict with such existing
ordinances, rules, regulations and policies under the development agreement; or
B. Prevent the approval, conditional approval, or denial of subsequent development
applications pursuant to such existing or later adopted or amended ordinances,
rules, regulations and policies.
C. Preclude the City from adopting and implementing emergency measures regarding
water or sewer deficiencies when the Council determines that such action is
necessary to protect public health and safety. If such action becomes
necessary, Council reserves the right to suspend water or sewer service on an
equitable basis until such deficiencies are corrected.
17.94.170 Subsequently Enacted State and Federal Laws. In the event that State or
Federal laws or regulations enacted after execution of a development agreement prevent or
preclude compliance with one or more provisions of such agreement, the provisions of such
Development Agreement
Page 12
agreement shall be deemed modified or suspended to the extent necessary to comply with
such laws or regulations.
17.94.180 Enforcement - Continuing Validity.
A. Unless and until amended or cancelled in whole or in part as provided in
Sections 17.94.190 or 17.94.210, a development agreement shall be enforceable by
any party to the agreement, regardless of any change in regulations which alters
or amends the regulations applicable to the project covered by a development
agreement, except as specified in Sections 17.94.160 and 17.94.170.
B. The development agreement shall be binding upon, and the benefits of the
agreement shall inure to, all successors in interest to the parties to the
agreement.
17.94.190 Amendment - Time Extension - Cancellation. A development agreement may be
amended, extended, or cancelled in whole or in part, by mutual consent of all parties to
the agreement or their successors in interest. Procedures for amendment, time
extensions, or cancellation of the development agreement by mutual consent shall be the
same as provided for initiation and consideration of such agreement.
17.94.200 Review for Compliance - Director's Authority.
A. Every development agreement entered into by the City Council shall provide for
Director review of compliance with the development agreement at time intervals
as specified in the agreement, but not less than once every 12 months.
B. The Director shall determine whether the applicant or his successor in interest -
�' 1
has or has not complied with the agreement. If the Director determines that the
eY
Development Agreement
Page 13
terms or conditions of the agreement are not being met, all parties to the
agreement shall be notified by registered or certified mail, also indicating
that failure to comply within a period specified may result in legal action to
enforce compliance, termination or modification of the agreement.
C. It is the duty of the applicant or his successor in interest to provide evidence
of good-faith compliance with the agreement to the Director's satisfaction at
the time of the Director's review. Refusal by the applicant or his successor in
interest to provide the required information shall be deemed prima facie
evidence of violation of such agreement..
D. If, at the end of the time period established by the Director, the applicant or
his successor in interest has failed to comply with the terms of the agreement
Cor has not submitted evidence substantiating such compliance, the Director shall
notify the City Council of his findings recommending such action as he deems
appropriate, including legal action to enforce compliance or to terminate .or
modify the agreement.
17.94.210 Violation of Agreement - Council Review and Action.
A. When the Director notifies the Council that a development agreement is being
violated, a public hearing shall be scheduled before the Council to consider the
matter. Procedures for conduct of such hearing shall be the same as provided
for initiation and consideration of a development agreement.
B. If the Council determines that the applicant or his successor in interest is in
violation of a development agreement, it may take one of the following actions:
1. Schedule the matter for Council hearing for modification or possible
termination of the agreement. Procedures for hearing notice shall be the
Development Agreement
Page 14
same as provided in Section 17.94.080.
2. Continue the matter for further consideration.
17.94.220 Modification or Termination for Violations. After the hearing required by
17.94.210.A:, the Council may terminate or modify the agreement upon finding that:
A. L. Terms, conditions, and obligations of any party to the development agreement
have not been met; or
2. The scope, design, intensity, or environmental effects of a project were
represented inaccurately; or
3. That the project has been, or is being built, operated, or used in a manner that
differs significantly from approved plans, permits, or other entitlements; or
4. ' Parties to the agreement have engaged in unlawful activity, or have used bad
faith in the performance or the failure to perform their obligations under the
agreement.
B. Modifications. Such remedial action may include, but is not limited to changes to
project design or uses, operating characteristics, or necessary on- or offsite
improvements which are determined to be reasonably necessary to protect public
health, safety or welfare, an to correct problems caused by or related to
non-compliance with the terms of this agreement.
17.94.230 Consequences of Termination. Upon termination of the Development
Agreement, the Owner shall otherwise comply with City codes, regulations, development
standards, and other applicable laws in effect at time of termination of the agreement.
Development Agreement
Page 15
17.74.240 Irregularity in Proceedings. No action, inaction, or recommendation
regarding the 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
as to any matter pertaining to the application, notice, finding, record, hearing, report,
recommendation, or any other matters of procedure whatsoever, unless after an examination
of the entire record, the court is the opinion that the error was prejudicial and that a
different result would have been probable if the error had not occurred or existed.
17.74.250 Coordination of Approvals.
A. Public Hearings. Where an application for a development agreement is
concurrently filed with an application for a zone change, use permit, variance,
minor subdivision or tract map, or annexation and the applications may be
feasibly processed together, public hearings may be concurrently held.
B. Zoning or Subdivision Exceptions. Yards, building height, coverage, parking
'requirements, density, and other design standards may be modified or relaxed
during consideration of a development agreement. The Council may modify or
relax development or subdivision standards when:. 1) Such modification or
relaxation is otherwise allowed by the Municipal Code; 2) Council makes
findings as required by zoning and subdivision regulations, and 3) Council
determines that such modification or relaxation of standards is consistent with
the General Plan, and reasonably necessary to allow the safe, efficient, or
attractive development of the subject property.
17.74.260 (left blank)
C
Development Agreement
Page 16
SECTION 2. After City Council review and consideration, the Community Development
Director's action to grant a negative declaration pursuant to the City Environmental
Procedures and California Environmental Quality Act is hereby affirmed.
SECTION 3. Any provision of the San Luis Obispo Municipal Code or Appendices thereto
inconsistent with the provisions of this ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to affect the
provisions of this ordinance. This ordinance does not alter or change the powers and
duties of any other Board or Commission of the City.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that it would have passed
this ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the eyes and noes, shall be published at least five (5) days prior to its final passage
in the Telegram-Tribune, a newspaper published and circulated in said city, and the same
shall go into effect at the expiration of thirty (30) days after its said final passage.
A copy of the full text of this ordinance shall be on file in the office of the City
Clerk on and after the date following introduction and passage to print and shall be
available to any interested member of the public. l )
I
Development Agreement
Page 17
INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the
day of 1989.,on motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
-Ar-- -7�
City Att" ney
Community Development Director
jhtt5/ordagre
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND
(Developer's Name)
This development agreement is made and entered into this day
of 19� by and between the City of San Luis Obispo, a
municipal corporation, (hereinafter "CITY"), whose address is 990 Palm Street, P.O. Box
8100, San Luis Obispo, California 93403-8100; and (developer's name, legal status, and
mailing address) (hereinafter "OWNER"), pursuant to the authority of the City Charter,
Sections 65864 through 65869.5 of the California Government Code, and Chapter 17.94 of
the San Luis Obispo Municipal Code. CITY and OWNER shall hereinafter be referred to
collectively as "PARTIES."
I. PROPERTY DESCRIPTION. Owner owns (site area) of real property in the
City of San Luis Obispo, described in Exhibits and attached
hereto. The property is commonly known as (street address), Assessor's Parcel
Number(s) (list APN), and is referred to herein as the "subject property."
Ii. PURPOSE AND INTENT. Development of the subject property in accordance with
Exhibit " " and as described in Section IV. below will provide for its orderly
growth and development, and will further the City's General Plan goals and
objectives by:
LZ
OModel Agreement
Page 2
A. (list specific General Plan goals or objectives advanced by the project).
B. Development of the subject property will serve a public purpose in that the
OWNER and/or CITY intend to provide the following public improvements in
conjuction with the proposed project:
(list on- or offsite public improvements, dedications, contributions,
reservations, or other significant public benefits).
III. DECLARATIONS. (This section includes a general background statement of the
developers and city's intent). The parties anticipate that the subject property
will be annexed to the City of San Luis Obispo, and that as part of said
annexation, properties within the annexation.area will be improved to meet city
city requirements and development standards to assure .the safe, orderly, and
attractive development of the annexation area. To meet this objective, the OWNER
agrees to install various improvements or otherwise provide various public
benefits in return for CITY assurances that the project will be allowed to proceed
.under the policies, standards, conditions and regulations in effect at the time of
execution of this agreement.
A. Said public improvements will benefit the City, the proposed project, and
adjacent properties and will be paid for by OWNER and installed according to
the development schedule, Exhibit
B. The parties understand that OWNER shall submit development.plans in
accordance with Exhibit" ", and shall secure City approvals for
Cconstructing the project under the terms and conditions of this agreement.
Model Agreement
Page 3
C. PARTIES agree that the subject property shall be developed in conformance
with City development standards in effect on the date this agreement is
executed; or where they differ, with development standards required or
allowed under this agreement. Such development standards shall apply for
the duration of the development agreement, and may be modified as provided
in Section XI.
D. CITY agrees that OWNER will be able to develop the subject property in the
manner shown in Exhibits " ", " ", and " " subject to the terms and
conditions of this agreement, and in accordance with City approvals and
permits.
i
J
E. Other general declarations or understandings.
IV. PROJECT DESCRIPTION. OWNER proposes to build (describe project in general
terms, eg. Three-story, 24,000 square foot commercial building with retail on the
ground floor and offices above). The project is to be constructed (describe
construction schedule and/or phasing, type and location of improvements included
with each phase, and expected date(s) of completion).
A. Duration of Agreement. (State expiration date of agreement).
B. Land Uses. Owner intends to develop the subject property to accommodate
the following uses: (list general types of uses and approximate floor area
devoted to each use. If residential uses are proposed, describe unit types,
sizes, and mix).
Model Agreement
Page 4
B. Development Intensity. (describe percentage of lot covered by
buildings, paving, and landscaping; proposed number of density units
(for residential projects) allowed and proposed, general building and
parking layout, and number of parking spaces required and provided).
C. Maximum Height, Size, Location Setbacks of Buildings. (driveway
access, parking lot circulation for vehicles and pedestrians, required
street improvements, provisions for joint access or parking with
adjacent properties, access restrictions, and provisions for
commercial loading for projects with a gross floor area of 10,000 sq.
ft. or more).
D. Land Reservation or Dedication. (describe location and type of
proposed easements, reservations, or dedications, if any. Also
include a statement of public purpose to be.served by such easement,
reservation, or dedication of land, and any special conditions or time
limitations.
E. Exceptions to Development Standards. (describe any requested
exceptions to Zoning or Subdivision Regulations, Parking and Driveway
standards, or construction codes).
Model Agreement n
Page 5
F. Development Agreement Review. The Community Development Director shall
review this agreement six months from the date of execution of this
agreement, and then annually to verify compliance with the terms of the
agreement. OWNER agrees to provide such information as the Director deems
reasonably necessary to evaluate compliance with this agreement, and CITY
agrees to notify OWNER of the results of the review.
V. SPECIAL PROVISIONS. In addition to the improvements and provisions listed
above, the following special provisions shall apply:
(describe terms, conditions, or improvements under the categories listed below,
where applicable.)
A. Development Schedules. (Development Schedules specifying that
construction of the total project or project phases be initiated or
completed within certain time periods.)
B. Public Improvements. (Statement of public improvements to be completed
with the development, including but not limited to street and frontage
improvements; traffic controls; bicycle facilities and public
transportation, parks, trails, and open space dedication and improvements;
drainage and flood-control facilities; water and sewer treatment facilities;
and improvements to school, police, or fire facilities; and method of
financing the improvements.
I
Model Agreement
CPage 6
C. Use Restrictions. (This section may include restrictions on hours of
operation, or the prohibition of uses which are normally allowed by right,
or allowed subject to discretionary approval in the zone of the subject
property.)
D. Future Development. (Describe limitations to be placed on future
development; or special requirements and conditions under which future
development not covered by the agreement may occur).
E. Performance Bond. (Statement that OWNER shall post a performance bond
C (or other surety acceptable to CITY) in the amount of
,S to guarantee the faithful performance of
terms, conditions, restrictions, and/or requirements specified in the
agreement).
F. Design Criteria. (describe specific design criteria applying to the
project, including the building's design and materials; landscape planting
and irrigation, special screening requirements for parking areas, trash
dumpster, outdoor storage, and mechanical equipment, outdoor use areas, site
lighting, and signs).
G. Special Amenities. (describe special provisions such as modified street
yard setbacks, open space preserves or trails and related staging
C
Model Agreement
Page 7 `J
facilities, public art, pedestrian amenities, and enhanced landscaping and
parking lot facilities).
H. Performance Standards. (describe any special standards to apply to
project, regulating such items as noise, vibration, smoke, dust, dirt,
odors, gases, trash, heat, glare, or pollution)..
I. Operating Characteristics. (describe special operating hours or other
limitations on uses applicable to the project to insure compatibility with
adjacent uses, or conformance with zoning requirements.
VI. TERM OF AGREEMENT. The term of this agreement shall begin upon (execution
by PARTIES, or upon approval of some other entitlement for the project, eg.
annexation). The agreement shall extend for a period of _years thereafter,
unless the term is extended by mutual consent of the PARTIES, or pursuant to
Section XII.
VII. COMPLIANCE WITH AGREEMENT. During the term of this Agreement, the permitted
uses of the subject property, site planning and exterior building design, building
and parking layout, landscaping, and public amenities shall be maintained as
described in this agreement and as shown in Exhibit(s) " " OWNER may submit
building plans and initiate plancheck after city approval of the development
agreement and during the annexation process; however PARTIES
r
Model Agreement
Page 8
acknowledge that no building permit or other entitlement will be granted until the
annexation is complete and subject property is within city limits. Project
requirements resulting from environmental mitigation, use permit approval,.
subdivision approval, or other city actions of entitlements shall continue in
effect for the life of the project, and shall be met prior to occupancy of the
project. Assessments, fees, dedications, and easements shall be paid or otherwise
secured prior to building permit issuance.
i
VIII. APPLICABILITY OF NEW LAWS.
A. Project Covered By Development Agreement. During the term of this
agreement, CITY may apply to the subject,property only such new or modified
i
regulations, standards, or policies which are not in conflict with. those in
effect on the date of execution of this Agreement. This section shall not
preclude the application of such new or modified regulations, standards or
policies which are required by State or Federal law. If changes to State or
Federal law occur, or new State or Federal laws are enacted after the
effective date of this Agreement which prevent compliance with provisions of
this Agreement, the parties shall take action pursuant to Section IX, below.
B. Subsequent Development Permit Applications Not Covered By Development
Agreement. Subsequent Development permit applications not covered under
this agreement shall be subject to new or modified regulations, standards or
policies in effect at time of application; and nothing in this agreement
shall be construed to limit CITY'S authority to hold necessary public
hearings, or to limit CITY'S discretionary authority to approve or deny
C
Model Agreement
Page 9
subsequent development applications not covered under this agreement.
However, subsequent discretionary actions shall consider city regulations,
standards, and policies in effect on the date of execution of this
agreement; and shall, whenever possible, be in conformance with this
Agreement.
IX. MODIFICATION OF AGREEMENT. If State, Federal, or City laws enacted after the
effective date of this Agreement, or actions by a lending institution financing
the project should prevent compliance with any provision of this Agreement,
PARTIES agree that such provision shall be modified, extended or suspended as
necessary to comply with such laws. PARTIES agree to cooperate in good faith to
modify the Agreement or approved plans.
X. PROCESSING FEES. City application fees, processing and permit fees,
inspection or other fees that are created or increased during the term of this
agreement shall apply to development of the subject property provided that:
A. Such fees apply to other similar development projects in the City; and
B. New or increased fees are not applied retroactively; and
C. Application of such fees to the development of the subject property would
not conflict with the terms of this agreement, nor frustrate implementation
of the approved project.
Model Agreement
Page 10
XI. DEVELOPMENT FEES AND CONTRIBUTIONS. OWNER acknowledges that the following
fees and/or contributions will be paid prior to (list payment date, eg. building
permit issuance, final building occupancy, or other date as agreed with CITY„or
reference Exhibit " " - Schedule of Payments):
Total fee contribution under the terms of this Agreement shall not exceed
$ . If such contributions are
not their intended purpose within _years from the date of execution of
this Agreement, then CITY shall:
A. Reimburse OWNER for all unspent development fees, provided that in no
case shall CITY be responsible for more than the amount originally
collected; or
B. Reimburse OWNER as provided in the "Fee Payment and Reimbursement
Plan", Exhibit " ". Said plan shall include a fee payment schedule,
itemized listing of specific improvements and fees, and remedies for
non-payment of fees. Required fees shall be based on actual cost of
improvements.
XII. AMENDMENT, TIME EXTENSION, OR CANCELLATION. This Agreement may be amende
extended, or cancelled at any time by mutual consent of PARTIES or their
successors in interest, in accordance with Chapter 17.94.180 SLOMC, and subject to
the following:
�-33
Model Agreement
Page 11
A. Changes to land use, site plan or landscaping, parking and circulation,
building design or materials, signs, and other exterior design features
determined by the Director to be "minor or incidental" shall not require an
amendment to this agreement; and
B. The Director may waive the requirement for a public hearing when such
amendments or time extensions would not affect the term of the agreement,
permitted uses, intensity of use, size of buildings, parking or circulation,
reservation or dedication of land or easements, or any conditions of
development permits relating to the use of subject property.
XIII. CITY shall, after six (6) months from the execution of this agreement and each
twelve (12) months thereafter, review the compliance by Owner with the terms of
this Agreement. The review shall be limited in scope to compliance with the terms
of this Agreement. Owner shall receive thirty (30) days prior notice of such
annual review, and the notice shall include the statement that any review may
result in amendment or termination of this Agreement. A finding of non-compliance
may result in the Agreement being scheduled for City Council review.
XIV. NON-COMPLIANCE FOR DUE CAUSE. Performance by either party hereunder shall not
be deemed to be in default where delays are due to war, insurrection, strikes,
building moratoriums, walkouts, riots, floods, earthquakes, fire casualties, acts
of God, restrictions imposed by other governmental entities, demonstrated
Model Agreement
CPage 12
inability of Owner to obtain financing or enactment of conflicting state or
federal laws or regulations. An extension of time for such cause may be granted
in writing for the period of the enforced delay, or longer as may be mutually
agreed upon.
XV. DEFAULT, REMEDIES, TERMINATION:
A. The parties agree that unless this Agreement is cancelled by mutual consent,
or for violation of existing ordinance or law, this Agreement shall be
enforceable by parties, notwithstanding any subsequent change to
ordinances, city plans, regulations, or policy adopted by the City after the
AYD
effective date of this agreement 14 shall be enforceable and applicable to the
C
development of the subject property.
B. Failure by either party to perform any provision of this Agreement shall
constitute a default. In the event of alleged default of any terms of this
Agreement, the party alleging such default shall give the other party not
less than thirty (30) days notice in writing specifying the nature of the
alleged default and the manner in which said default may be satisfactorily
cured. During such thirty (30) day period, (or such longer period during
which the charged party diligently attempts to cure the default), the party
charged shall not be considered in default for purposes of termination or
institution of legal proceedings.
C
SS00,
Model Agreement
Page 13
C. After notice and expiration of the thirty (30) day period (or as extended by
PARTIES), either party may institute legal proceedings pursuant to this
Agreement and give notice of intent to terminate the Agreement.
Following notice of intent to terminate, the matter shall be scheduled for
consideration as provided in Section 17.94.200 SLOMC. Following
consideration of the evidence before the City Council, either party alleging
default by the other party may give written notice of termination of this
Agreement to the other party.
D. In addition to any other rights or remedies, either party may institute an
action of arbitration and collection of attorney's fees to remedy any
default, to enforce any covenant or agreement herein, or to enjoin any
threatened or attempted violation. Any action initiating arbitration shall
follow the Commercial Arbitration Rules, American Arbitration Association.
E. This agreement shall be construed and enforced in accordance with the laws
of the State of California.
XVI. This Agreement shall bind and inure to the benefit of the parties, their
successors and assigns. Owner shall specifically have the right to sell, assign,
or transfer this Agreement with all its rights, title and interests therein to any
person, firm or corporation at any time during the term of this Agreement,
provided that the rights contained herein shall pertain only to the subject
property.
(Signature Page to be Attached)
jh2/modelagreement
I I
city 4 san tins oBispo
C'ilil ►liilli;;I�i!'!'��!!! ;�
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION
Cityvide APPLICATION NO. 71-88
PROJECT DESCRIPTION Amend Zoning Regulations to establish procedures and reouirenents for
develammnt agreements, pursuant to California Govenmwnt Code_ Article 2.5, Section.
Section 65864 et seg. (City aTmlication ;# C_R 1424)
APPLICANT City of San Luis Obisno
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY Jeff Hook Associate Planne DATE November 29, 1988
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE fl ,lo'Alf
Ile vt. �eclara 0�
SUMMARY OF INITIAL STUDY FINDINGS
�'L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
11.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS ................... ..... Ione
B. POPULATION DISTRIBUTION AND GROWTH........................................... ?Ione
NoneC. LAND USE_.................................................................,......
D. TRANSPORTATION AND CIRCULATION .................. None
None
E PUBLICSERVICES ._...............................................................
F. UTILITIES.......................................................:........ ........
?lone
• G. NOISE LEVELS ... ?done
H. GEOLOGIC&SEISMIC HAZARDSBTOPOGRAPHIC MODIFICATIONS ..................... *done
1. AIR QUALITY AND WIND CONDITIONS.:............ "Ione
J. SURFACE WATER FLOW AND QUALITY .............................................. 'Ione
K PLANT LIFE ?done
.........................................
L. ANIMALLIFE..................................................................... *done
..................
M. ARCHAEOLOGICALIHISTORICAL ................................................... ?done-
N. AESTHETIC .. "Ione
O. ENERGWRESOURCE USE .......... ....................... '.'Ione
^. P. OTHER .__..................................._..................:................
III.STAFF RECOMMENDATION
'SEE ATTACHED REPORT se as
I i
ER 71-88
Page 2
I. Description of Project and Environmental Setting
The California Government Code allows cities and counties to enter into development
agreements with anyone owning real property. A property owner in the proposed Southern
California Gas Company Annexation area (GP/R 1261) has submitted a draft development
agreement and requested that the city establish a review process for such agreements.
The proposed ordinance would. amend the Zoning Regulations by establishing procedures and
requirements for development agreements.
The agreements must be reviewed annually to evaluate compliance with the agreement. The
city or.county may terminate the agreement if it finds, on the basis of substantial,
evidence, a violation of agreement's terms. As a minimum, the agreement must address:
duration of agreement, land use or intensity, maximum size and height of proposed
buildings, and dedications of land for public use. Other terms or conditions may be
added at the discretion of the city, provided that they do not frustrate the basic
purpose and intent of the agreement.
The development agreement is intended to "bridge" the critical period between securing
development approvals and completing a project, and to provide a mechanism for securing
public improvements, dedications, and other public benefits in conjunction with large or
complex projects. Once approved, the development agreement would allow the project to
proceed to completion under the regulations, policies, standards and conditions in effect
at the time of project approval. The city could, however, deny or conditionally approve
later development applications not covered by the original agreement. Furthermore, it
could apply new regulations to the approved project provided that they do not conflict
with the development agreement.
While the government code requires local agencies to set procedures and requirements for
development agreements if requested to do so by an applicant, it does not require cities
or counties to use them. The city retains full authority to decide when, and under what
terms and conditions it will enter into a development agreement. If the local agency
does use development agreements, it must follow public notice and hearing procedures
applicable to other discretionary land use entitlements.
Development agreements would be used in conjunction with land use approvals like
annexations, planned development rezonings, and use permits.. As proposed, development
agreements alone would not confer any development entitlement. Instead, they would
establish the terms and conditions under which developments could proceed once all
necessary approvals had been granted. They would spell out land uses, phasing schedules,
public improvements and dedications, and consequences of non-compliance..
II. Potential Impact Review
A. Community Plans and Goals
The proposed amendment is consistent with General Plan policies, and would not alter the
pattern of land use, or the rate or intensity of development. It is a procedural change
which increases certainty and confidence in the development process, and provides the
city with a new tool for securing necessary public improvements and dedications. _
Projects covered by development agreements would be subject to the same environmental
2 ����
ER 71-88
Page 3
review, legal notice, and public hearing requirements as conventional development
projects. Consequently, no adverse environmental impacts are likely with the proposed.
text amendment.
III. STAFF RECOMMENDATION: Negative Declaration
Attachments: Draft Ordinance; Draft Model Development Agreement; Exerpt from California
Government Code.
LAU66
GOVERNMENT CODE GOVERNMENT CODE § 65865
issued in conjunction with tentative subdivision
Hdgha Bmdma M'e.tee v.Cin of Ina � 66868.9• ism local �� t permits
roe Pa&Anociam)(APP 2 DW.1986)221 map; coastal develo
182 CAdd 2L n the face of the permit,any pew which is leaned by a local
Unless an earlier a for a planned unit development shall expire no
agency in cenjimadoa with a tentative ion thereof, whichever occurs later.
aaideratio • sooner than the approved tentative map,or say
!I=local agency in conjunction with a tentative
wm advenidy�«mt nP�Y I'a� toaeffi1 development P�ffi ment shall expire no sooner than the approved tentative
ide suvim and lr the it subdivision map far a planned units with the applicable local coastal program,if
of city to achieve reedy, tube ides map,and any extension of the map
fwrh it wa purpose of or& any,which is in effect.
Cot Pohem in emall PM
.so (Added by Stata.1984,c-990, P. §'1J
Lao Y.City of MasteM (App.2 Din.
Rpm 309, 173 ARTICLE 2.5. DEVELOPMENT AGREEMENTS
ad
don y to s mwth wmuai ordh=ow Section t t entered into prior to incorp0-
am rmaaijve proem Horld'mg ley 65865.8.. Newly gated city;validity of development agreemen
Califamy im V. City of Ca unmo ration; duration of vandity; modification of agreement; application of section. (New]
A .2d 68,41C.3d810.
Io lrnfew Caagismnt. In
C.lifomi� FLtma
Lon; impact report; no to real. BuHdieg amd>l �P
(1984)4 WlAwYer
use, except t to the
D)of Title 7),o to closure of a § 66864. Legislative findings and declarations
D)of r
dehome. person or entity The Legislaturs.nada and declares that:
the conv closure,or cessation m of development projects ran result in a waste of resources,
rk .to eoaverted or closed In (a) The lack of o f housing and development to the Consumer, and discourage investment in
if use escalate the cost of horsing efficient utilization of
displaced mobihahome park and commitment to comprehensive pb»g which would make maximum
rep horsing in mobilehome resources at the least economic cost to the public
applicant for a development project that upon approval of the project the
of the (b) Assurance to the app m accordance with existing Policies, rules and regulations,
h report o t of each applicant may proceed with the project
hearing,if any,on the art � wr71"strengthen the Public planning Process,encourage Private
ie legislative body. and participstio to pensive pig,and reduce the economic costs of development
asation of or
resident ofd o ehomem�the C Theme oY u inn bre a serious ' stiesnew
to o men o nets
s provid residents pumiant casts ma m n rovismns
Code ever fres.
w ere y ffi are over time or Q pu
ssatio of use, the person or entity (Amended by stata.1984, a 143, P-
e a a hearing before the
Law Review Caaaraaaoele astute Psic Sig&15
call review the prior to any Ca*=ML a de+doPwm r ave
he person or entity to a steps.to Soiuhvvsrea(cos.)late'.695(1985).
ion of use on the ability displaced
ome park The steps to be 4 66866, Aathorantiona,procedures.and requirements; recovery of costs
ation. I may enter_ R
k results adjudication of vi a cial or le interest in f�a,development development of the property as provided
having°legal equitable
in this.article-w-
Mt to ter 13 commencin with ba a or 1n''
fists in the m eater into a t t with as s a o uence e ,
)n or ea e in inteeeat m m m owever meat s not me
mem as to a are w within LJ=
o true annexation annpxm (e ro e time
o time meat a annexation is not Com eat is n an vol
1, § June 25, 1986.) s m a eat or as extension o e men e a
by
(c) Every cit4 tnmrty or ciall,ty arA wmltY shupon re<sneat of an applicant e
.,vol �a.�lt lar tt69 05�1a— �u — M _-
�ti
ryas tx a as hY atraaadttlant Astsrtsks • • • mdieeta daletim a by amends e t
C�- *�o
now
rY § 65865
GOVERN3MW CODE
=k mterem tion b or on behalf of the
e ro owner or other a Navin ale or citable
A city,county, or qty and co
adopting a r+ssolution or ordinance toe blmay ish applicants the direct
' development a
greements. and requirements for�ffi assoeiatd.with
(Amended by Stats.1984, t 751 the consideration of
P 4 1; Stats.1986, a 857, 1,)
4 65865.2, Contents
{a A development agreement s
Provisions
or ieetena�oP�y the duration of the agreemen the
may include connditr�tio n or dation of land fthe or public height and size of Proposed ted � of the
Purposes buildings, and
that such cro terms discretionary
!Provided �o�. restrictions, and requirements for su � development agreement
:.i echone shall not prevent d restrictions. and requirnmeII� queennt actions,
development
lop e t aforth
o� in they agreement the
land for the uses and to the cretionary
'.
r intensity of
enced within
agreem
ed time.
PeaSed time and that the pro or a°mYP�thereof be
� � be
The a
cute ma also includeleted °a
nIf hes as sus went terms and conditions rela '
rry t ( elided oY otRts 19 1 relm irrsemeat n re to licaaL n mm�a Of
1t 84 �. )
� ] � ' p' � 2
Newly '
raii�os id city; validityvdI�evmodPifim�L went entered into
;. oration of
e cation of agreement into Prior to tett
(a) kept as otherwise
I mg any other law,if a Py rovided is subdivision(b),Section
any development incorporated city comprises territory ar Section 65869.5,noLwithatand
q rahoa shall remain entered into by the co tet- that was fo
valid within the newly °IId Prior to the corpora
T. eight years fevm Y into effective ted,
development the effective date of the incorpora�city for the duration Of the of the corn
shat]
remain valid for and the newly incorporated ' hrrhever is earlier. The holdagreeempt'thor
e
the newly
the effective date sof thin yam' Provided agreemay �the
development
evelop eeh agreement
IY maorporated cit3,shall have ncthe�re�n' �holder of the me s °Ot greed n
property had remained in the uniuco $orae rights and obligations wit�ciopIDeDt agreement and
(b) The newly into rporab� territory of the� respect to each other as if
territory
subject if the qty deme that the modify or suspend the Previsions of the develo
~ dangervua t their the development a8reetdmentre, or the to do so would Place the residents Pm ent
? health or safety, or both. rodents of the sty, or both, in a conditithe
on
` > (c) Except as otherwise
agreement which meets Provided ll au '
s '
signature(1) The application for the the following
regotnremeata: section applies to any development
r ul tion
i wed to the petition agreement submitted retion th the county Prmr to the date
Pursuant
to Section 56800, whichever Pursuant to Section 56704 or the
the fast
(2) The county eaters into the oOeurs first adoption of
y
question of incorporation.
agreement with the applicant
µ' prior to the
(d) This BectiOa d date of the election on the
(Addedry is incorporated not apply
effective date thubject to a development agreement if 1
by Stats 1986, c. 857, 4 2.) incorporation is prior to Jan that
January 1, 1987.
y '`✓.'., ra88 LegWadon, a
Section 4 of Stm.1986,c 837, that a a
� docism don L. +poratad r �v71id m a C
63863.3 of the the°�dment m �'rhall not be newly
'4�.4. i C'ovanmatt Code Lmiting the period �aag�yLhe ap t ne, of as an ons ti
Underly IIncocate6 (�
.X; l4 ehaeges or additions by amendmetrt
� ..>, 10
I
r
GOVERNMENT CODE GOVERNMENT CODE §-66871
1 having a legal Cir eoaitable § 65866.4. Enforcement
direct costs mociated with Unless amended or canceled pursuant.to-Section 65868, or modified or suspended pursuant'to
ate for the consideration of 0II§T�b`and otherwise provided in anbdivffiioa o on 65866 3 a v meat
agreement y any Ply reto notwithstanding any change in any applicable
general or specific plan,•zoning, subdivision, or bolding regulation adopted by the city, county,or
City and county entering the agreement;.:which alters or amends the rales, regulationat•pr policies
specified in Section 65866.
(Amended by Stats.1986,a 857, $ 3.)
Df
Proposed a permitted bmldirlgg, and 867el urea of the
D § 65 . Public hearing; notice of intention to consider adoption
is development agreement A pablic hearing on-an application for a development agreement shall-be held by-the•planning
neat discretionary actions, agency and by the legislative•body: Notice of intention to consider adoption-of a deevveeToTopm�ent—
t discretionary agreement shall be given as provided in Section 65090 and 65091 in addition to other notice
h ••'
heat roaetru r- shall � requued by law for other actions to be consider-e eonnurea* with the deveapz a agreement.
sof be completed within a (Amended by Stata198b a 1009. p.—. ¢ 26.)
19"I.eg6lmm
at fm8nting of neceee8ry legative intent relating to Stau.1984.a 1009,am note
ander Pdw-C § 3900L,
AR
ARTI VENANTS
ti.eateted into prior to
apPRcatioa of Section
.:.. 65870. Adoption of ces.
66871. Creation : effect; contents; enforcement.
in 66869.S,notwithstand, 65873. Recording; tenth effect
'°r er y u�ameorporated, 65874. Release of eo t; procedure; hearing; fees.
the incorpo. 65875. Standing to enf challenge.
In of the agreement, or
ler: ThLot
of
the Article 89 bell Stata1985. a 996, p.
developement
cod shalled 1b $ 65870. Adoption of ordinenceabpme°tt and Any city or county may adopt an ordinance for the ition of covenants pursuant to this article.
epect to each other as if
(Added by•Stats.1985,a 996, p.— §•L)
a of the development § 65871. Creation; purposes: effeet contents: e
we the residents of the
or both, in a condition (a) In addition to any other method fo tion of an easement,an easement may be created
pursuant to an ordinance adopted eating this article, by a retarded covenant of easement
I to any development made by an owner of real pro to the city or county. An easement created pursuant to this
article may be for parking. egress,emergency mum, light and air access landscaping,or
die date that the first open-space purposes-
704 or the adoption of (b) At the time of the covenant of easement, all the real property benefited or
burdened by the covenant shall ' common ownersbip. The covenant shall be effective when
recorded and shall act as an easement t to Chapter 3(commencing with Section 801)of Title 2
of the election on the of Part 2 of Division 2 of the Civil Code,ea` t R shall not merge into any other interest in the
real property. Section 1104 of the Civil Code applicable to conveyance of the affected real
it agreement if that prop-
to January 1, 1987. (c) A covenant of easement recorded pursuant to section shall describe the teal property to be
subject to the easement and the real prone benefited thereby. The covenant of easement
shall also identify the approve,. tion granted which relied upon or required the
H remain valid in a navy covenant
roved a an indication by (d) A covenant executed pursuant to on shall be enforceable by the snaessors in interest
pointe aeatiw of oche to the real property benefited by the cove
(Added by Stats.1985, c. 996,p.—, § 1.)
WM by int AstwisM • •• • Indicote delelions by amendment
11
NED ROGOWAY, AICP
PLANNING SERVICE
CJ 840 Morro Avenue,Suite B
Morro Bay,CA 93442
(805)772.5400
July 7 , 1987
City of San- Luis Obispo
Planning Commission
City Hall
San Luis Obispo, California
Subject : Broad Street Annexation
Members of the Commission:
The 2053 Parternership is the owner of Lot 92 g several of the ncur-
Obispo Suburban Tract on Broad Street , one lot among
rently proposed for annexation to the CityaOf staffSan. Luactivity reale
have been carefully following the meeting Although we have not expressed
lated to the annexation proposal.
inion about the annexation to this point, our interests
a public op eous jurisdictional position for
are directed to the most ament ..g Now that your staff has made s
purposes of future develop it is our desire to express
recommendation about possible zoning, osa1 to you.
our reaction to the staff report and submit our prop
The property has historically been used for agricultural pur-
nused structures and
poses and of late it has deteriorated
has itdeveloped and in some in-
mixed land uses. property
around us
stances the land use pattern has been .set.. Such is the case for
the Williams Bros . property.
Since the studies now underway g, weehavearea
given extensive
cussion of future land use and zoning, ro erty. We
thought to the possible have con-
land uses of the
make constructive and
cluded we now have a good opportunity of the City.
useful development for us and the economic w�olo alnmade by staff
But we are convinced the current developrezonpment..
proposal has become
will not result in that useful development.. The City
overzoned with Wcodonr ialsewant tolfindaourseIves oinuthat ch ldormant
fix
and wanting.
it has been our intent and purpose for quite some time to
needs it .
coordinate with and finish out the development of the Williams Plans like
Bros center. The South side of the city ears and
the exhibit enclosed have been in the works typical of our devel-
for several , y
although the plan is one of several, it is
opment direction . As you can see , it proposes to continue the
center onto our property
and completes the shopping center in
an organized and planned layout .