Clearlake City Zoning Code

18-30 DEVELOPMENT

AGREEMENTS

18-30.010 Authority.

This article establishes procedures and requirements for development agreements as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code, Section 65864 et seq. 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 required to, approve a development agreement where a clear public benefit or public purpose can be demonstrated. (Ord. #271-2025, S2 (Exh. A))

18-30.020 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. (Ord. #271-2025, S2 (Exh. A))

18-30.030 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. (Ord. #271-2025, S2 (Exh. A))

18-30.040 Application – Contents.

a. A development agreement application shall include the following information:

1. A planning application and processing fee;

2. Evidence that the applicant has a legal or equitable interest in the property involved or written permission from a person having a legal or equitable interest to make such application;

3. Location of the subject property by address and vicinity map;

4. Legal description of the property, including a statement of total area involved;

5. Such other information as the Director may require.

b. The Director may waive the filing of one (1) 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 or may reject incomplete applications.

2. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. #271-2025, S2 (Exh. A))

18-30.050 Public Notice.

When the Director certifies that the application is complete, the item shall be scheduled for Planning Commission hearing; and the Director shall give notice of the public hearing. (Ord. #271-2025, S2 (Exh. A))

18-30.060 Failure to Receive Notice.

The failure to receive notice by any person entitled thereto by law or this article does not affect the authority of the City to enter into a development agreement. (Ord. #271-2025, S2 (Exh. A))

18-30.070 Planning Commission Hearing and Recommendation.

a. The Planning 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:

1. The proposed development agreement is consistent with the Clearlake General Plan and any applicable specific plan;

2. The proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations;

3. 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

4. The proposed project and development agreement:

(a) Will not adversely affect the health, safety or welfare of persons living or working in the surrounding area;

(b) Will be appropriate at the proposed location and will be compatible with adjacent land uses; or

18-30.080 City Council Hearing.

After the recommendation of the Planning Commission, the Director shall give notice of a public hearing before the City Council in the manner provided for in Section 18-28.030. (Ord. #271-2025, S2 (Exh. A))

18-30.090 City Council Action.

a. Referral. After it completes the public hearing and considers the Commission’s recommendation, the 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. Approval. The development agreement may be approved if the City Council makes the findings for approval listed in this article. (Ord. #271-2025, S2 (Exh. A))

18-30.100 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. (Ord. #271-2025, S2 (Exh. A))

18-30.110 Amendment – Time Extension – Cancellation.

A development agreement may be amended, extended or canceled, 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. (Ord. #271-2025, S2 (Exh. A))

18-30.120 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 twelve (12) months.

b. It is the duty of the applicant or his or her 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 or her successor in interest to provide the required information shall be prima facie evidence of violation of such agreement. (Ord. #271-2025, S2 (Exh. A))

18-30.130 Consequences of Termination.

Upon termination or expiration of the development agreement, the owner shall otherwise comply with City codes, regulations, development standards and other applicable laws in effect at the time of termination of the agreement. (Ord. #271-2025, S2 (Exh. A))

18-30.140 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 of the opinion that the error was prejudicial and that a different result would have been probable if the error had not occurred or existed. (Ord. #271-2025, S2 (Exh. A))

18-30.150 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 this Municipal Code, (2) the Council makes findings as required by zoning and subdivision regulations and (3) the 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. (Ord. #271-2025, S2 (Exh. A))

Clearlake City Zoning Code

18-30 DEVELOPMENT

AGREEMENTS

18-30.010 Authority.

18-30.020 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. (Ord. #271-2025, S2 (Exh. A))

18-30.030 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. (Ord. #271-2025, S2 (Exh. A))

18-30.040 Application – Contents.

a. A development agreement application shall include the following information:

1. A planning application and processing fee;

2. Evidence that the applicant has a legal or equitable interest in the property involved or written permission from a person having a legal or equitable interest to make such application;

3. Location of the subject property by address and vicinity map;

4. Legal description of the property, including a statement of total area involved;

5. Such other information as the Director may require.

1. The Director may reject any application that does not supply the required information or may reject incomplete applications.

2. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. #271-2025, S2 (Exh. A))

18-30.050 Public Notice.

18-30.060 Failure to Receive Notice.

The failure to receive notice by any person entitled thereto by law or this article does not affect the authority of the City to enter into a development agreement. (Ord. #271-2025, S2 (Exh. A))

18-30.070 Planning Commission Hearing and Recommendation.

1. The proposed development agreement is consistent with the Clearlake General Plan and any applicable specific plan;

2. The proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations;

4. The proposed project and development agreement:

(a) Will not adversely affect the health, safety or welfare of persons living or working in the surrounding area;

(b) Will be appropriate at the proposed location and will be compatible with adjacent land uses; or

18-30.080 City Council Hearing.

18-30.090 City Council Action.

b. Approval. The development agreement may be approved if the City Council makes the findings for approval listed in this article. (Ord. #271-2025, S2 (Exh. A))

18-30.100 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. (Ord. #271-2025, S2 (Exh. A))

18-30.110 Amendment – Time Extension – Cancellation.

18-30.120 Review for Compliance – Director’s Authority.

18-30.130 Consequences of Termination.

18-30.140 Irregularity in Proceedings.

18-30.150 Coordination of Approvals.

Clearlake City Zoning Code

18-30 DEVELOPMENT

AGREEMENTS

18-30.010 Authority.

18-30.020 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. (Ord. #271-2025, S2 (Exh. A))

18-30.030 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. (Ord. #271-2025, S2 (Exh. A))

18-30.040 Application – Contents.

a. A development agreement application shall include the following information:

1. A planning application and processing fee;

2. Evidence that the applicant has a legal or equitable interest in the property involved or written permission from a person having a legal or equitable interest to make such application;

3. Location of the subject property by address and vicinity map;

4. Legal description of the property, including a statement of total area involved;

5. Such other information as the Director may require.

1. The Director may reject any application that does not supply the required information or may reject incomplete applications.

2. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. (Ord. #271-2025, S2 (Exh. A))

18-30.050 Public Notice.

18-30.060 Failure to Receive Notice.

The failure to receive notice by any person entitled thereto by law or this article does not affect the authority of the City to enter into a development agreement. (Ord. #271-2025, S2 (Exh. A))

18-30.070 Planning Commission Hearing and Recommendation.

1. The proposed development agreement is consistent with the Clearlake General Plan and any applicable specific plan;

2. The proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations;

4. The proposed project and development agreement:

(a) Will not adversely affect the health, safety or welfare of persons living or working in the surrounding area;

(b) Will be appropriate at the proposed location and will be compatible with adjacent land uses; or

18-30.080 City Council Hearing.

18-30.090 City Council Action.

b. Approval. The development agreement may be approved if the City Council makes the findings for approval listed in this article. (Ord. #271-2025, S2 (Exh. A))

18-30.100 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. (Ord. #271-2025, S2 (Exh. A))