This article is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code, Section 65864 et seq. This article is adopted to supplement existing provisions of the Alameda Municipal Code.

(Ord. No. 2189 N.S.)

The purpose of this article is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the City and developers to enter into development agreements.

To accomplish this purpose the procedures, requirements and other provisions of this article are determined to be necessary to promote orderly growth and development, the economic welfare, and to ensure provision for adequate circulation, utilities and services.

(Ord. No. 2189 N.S.)

The procedures and requirements set forth in this article shall apply to all development agreements proposed by developers and entered into by the City Council.

(Ord. No. 2189 N.S.)

a.

The City shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.

b.

The City may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application.

(Ord. No. 2189 N.S.)

The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for processing. The application shall be accepted for filing when the City Manager approves a proposed development agreement and the Planning Director determines that the agreement, as proposed or in an amended form, would be consistent with the General Plan and other regulations prescribed for the use of land.

(Ord. No. 2189 N.S.)

a.

The time and manner of giving notice shall be as prescribed in the Government Code for amendments to the zoning regulations.

b.

The notice of intention to consider adoption of the development agreement shall contain:

1.

The time and place of the hearing.

2.

A general explanation of the matter to be considered, including a general description of the area to be affected; and

3.

Other information required by law or which the Planning Director considers necessary or desirable.

c.

The failure of any person entitled to notice to receive such notice does not affect the authority of the City to enter into a development agreement.

(Ord. No. 2189 N.S.)

a.

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

b.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by the 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 not a presumption that error is prejudicial or that injury was done if error is shown.

(Ord. No. 2189 N.S.)

The Planning Board shall hold a public hearing on the application and shall make its recommendation and reasons therefor in writing to the City Council. The recommendation shall include the Planning Board's determination whether or not the development agreement proposed:

a.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan; and

b.

Is compatible with the uses authorized in, and the other regulations prescribed for, the use of land.

(Ord. No. 2189 N.S.)

Development agreements shall specify:

a.

The duration of the agreement;

b.

The permitted uses of the property;

c.

Density or intensity of use;

d.

Maximum height and size of buildings; and

e.

Provisions for reservation or dedication of land for public use.

(Ord. No. 2189 N.S.)

Development agreements may include:

a.

Conditions, terms, restrictions and requirements for subsequent discretionary approvals consistent with the agreement.

b.

Start up and completion dates;

c.

Fees for the cost of processing the application;

d.

Reimbursement to the City for the costs of City services provided by the City and required by the development for the term of the agreement; and

e.

Any other matters that the City determines are necessary.

(Ord. No. 2189 N.S.)

Development agreements may be considered on the applicant obtaining, subsequent to their execution, required land use approvals.

(Ord. No. 2189 N.S.)

a.

The City Council shall hold a public hearing, after which it may accept, modify or disapprove the recommendation of the Planning Board.

b.

The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and other regulations prescribed for the use of land.

(Ord. No. 2189 N.S.)

If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The agreement takes effect upon the effective date of the ordinance.

(Ord. No. 2189 N.S.)

a.

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

b.

The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement.

c.

Where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the applicant of its intention to initiate proceedings at least ten (10) days in advance of the giving of notice of intention to consider the amendment or cancellation required by subsection 30-93.3. Where the applicant initiates the change, City shall give notice of that pursuant to subsection 30-93.3.

(Ord. No. 2189 N.S.)

a.

Within ten (10) 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 as provided in Government Code Section 6585.1 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 such action recorded with the County Recorder.

(Ord. No. 2189 N.S.)

a.

The development agreement shall be reviewed every twelve (12) months from the date the agreement is entered into. It is the applicant's responsibility to apply in a timely fashion for the annual review.

b.

The Planning Director or his designee shall give notice to the applicant that the City intends to undertake the review of the development agreement. The notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Board.

c.

The Planning Board shall conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant.

d.

If the Planning Board finds that the applicant has complied in good faith with the terms and conditions of the agreement the review for that period is concluded.

e.

If the Planning Board finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Board shall forward its recommendations to the City Council and the Council may modify or terminate the agreement.

(Ord. No. 2189 N.S.)

a.

Notice of intention to modify or terminate the agreement shall be delivered to the applicant by certified mail containing:

1.

The time and place of the hearing;

2.

A statement as to whether the City proposes to terminate or to modify the development agreement;

3.

Other information which the City considers necessary to inform the applicant of the nature of the proceedings.

b.

At the time and place set for the hearing on modification or termination, the applicant shall be given an opportunity to be heard. The City 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 City Council is final.

(Ord. No. 2189 N.S.)