El Cajon City Zoning Code
CHAPTER 17
265 DEVELOPMENT AGREEMENTS
§ 17.265.010 Citation and authority.
This Chapter is enacted pursuant to Title 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code, section 65864 et seq. This Chapter is adopted to supplement existing provisions of the El Cajon Municipal Code and may be cited as the "Development Agreement Ordinance of the City of El Cajon."
(Ord. 5131 § 34, 2022)
§ 17.265.020 Purpose.
The purpose of this Chapter 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 the city and developers to enter into development agreements. This Chapter is intended as an alternate process to accommodate major and unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. This division is further intended to provide assurances to a land developer, which will reduce the economic risks of a project while providing the city with a flexible means of promoting comprehensive planning and orderly development.
(Ord. 5131 § 34, 2022)
§ 17.265.030 Applicability.
The procedures and requirements set forth in this Chapter shall provide the specific regulations and development standards for any development agreements proposed by developers and entered into by the city council under the authority vested in the city council pursuant to section 17.265.010 and may be in lieu of other procedures specified or required in other provisions of this Title.
(Ord. 5131 § 34, 2022)
§ 17.265.040 Application.
A.
The director shall prescribe the form of each application, notice, and documents provided for or required under this Chapter for the preparation and implementation of development agreements.
B.
The director may require an applicant to submit such information and supporting data as the director considers necessary to process the application.
(Ord. 5131 § 34, 2022)
§ 17.265.050 Fees.
Prior to the time an application for a development agreement is determined to be complete and accepted for processing, the applicant shall pay to the city such fees as provided in the city's current fee resolution.
(Ord. 5131 § 34, 2022)
§ 17.265.060 Applicant and other parties.
A.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property, which is the subject of the development agreement, or authorized agent of such person. The director may require an applicant to submit proof of the applicant's interest in the real property and of the authority of an agent to act for the applicant.
B.
In addition to the City of El Cajon and the property owner, any federal, state, or local governmental agency or body, including the El Cajon Housing Authority, and any other private party may be included as a party to any development agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.070 Proposed terms of agreement.
Each application shall be accompanied by a description of the proposed parties and the general terms and conditions proposed by the applicant to be contained in the development agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.080 Review of application.
The director shall endorse on the application the date the application is received. The director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the director finds that the application is complete, the director shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement. After the required information is received, a staff report and recommendation shall be prepared. The staff report shall state whether or not the agreement as proposed or in an amended form would be consistent with the general plan and any applicable specific plan.
(Ord. 5131 § 34, 2022)
§ 17.265.090 Contents of development agreement.
Each development agreement shall be prepared under the direction and supervision of the director and approved as to form by the city attorney. Each development agreement shall contain the following minimum provisions:
A.
Duration of agreement;
B.
Permitted and conditional uses;
C.
Density or intensity of uses;
D.
Location of uses;
E.
Provisions for reservation, dedication, and improvement of land for public purposes;
F.
Rules, regulations, policies, and detailed design of physical improvements, governing property development standards, and public improvement standards;
G.
Conditions, terms, restrictions, and requirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;
H.
Commencement and completion dates;
I.
Performance security as may be required; and
J.
An appeal process for resolution of any interpretation disputes.
(Ord. 5131 § 34, 2022)
§ 17.265.100 Notice.
The director shall give notice of intention to consider adoption of a development agreement and of any other public hearing required by law or this Chapter according to the provisions of this section.
A.
The form of the notice of intention to consider adoption of development agreement shall contain:
B.
The notice shall be published at least once in a newspaper of general circulation in the City of El Cajon. The notice shall also be mailed to all persons shown on the last equalized assessment role as owning real property and occupants within 300 feet of the property that is the subject of the proposed development agreement.
C.
The notice requirements referred to in this section are declaratory of existing law (Government Code section 65867). The provisions of Government Code sections 65854, 65854.5, and 65856 are incorporated by reference as a part of this section. If state law prescribes a different notice requirement, notice shall be given in that manner.
D.
The failure of any person entitled to notice required by law shall not affect the authority of the City of El Cajon to enter into a development agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.110 Rules governing conduct of hearing.
The public hearing shall be conducted in accordance with the procedural standards prescribed in this Title for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof at the public hearing on the proposed development agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.120 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 petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted in error or is shown.
(Ord. 5131 § 34, 2022)
§ 17.265.130 Determination by commission.
A.
Within 30 days of completion of an environmental impact report, negative declaration (with or without mitigation), or other required environmental review, or within 90 days of the date the application is accepted as complete, whichever date is later, the commission shall hear and consider the proposed development agreement.
B.
The commission shall, at the conclusion of the hearing, recommend to the city council approval, disapproval, or modification of the proposed development agreement. Such recommendation shall include specific regulations, if applicable, to be applied to the proposed project, including but not limited to, the following:
(Ord. 5131 § 34, 2022)
§ 17.265.140 Decision by city council.
A.
Within 30 days of the commission action on a proposed development agreement, a public hearing shall be set by the city clerk, noticed in accordance with section 17.265.100, and held by the city council. After the city council completes its public hearing, it may accept or disapprove the recommendation of the commission. The city council shall refer matters not previously considered by the commission during its hearing and any proposed modifications to the development agreement back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the city council.
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 any applicable specific plan.
C.
If the city council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development takes effect, the city council may enter into the agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.150 Additional use of development agreements.
A.
The director, in the director's discretion, or the commission or the city council, in its discretion, may approve the use of a development agreement as a method of implementing any discretionary approval authorized in this Title, including, but not limited to, the following:
1.
Zone map amendments;
2.
Issuance of a conditional use permit;
3.
Conditions imposed upon approval of a variance;
4.
Conditions imposed upon approval of site plan review;
5.
Conditions imposed in connection with the adoption of any specific plan;
6.
Conditions imposed upon any subdivision; and
7.
Mitigation measures imposed upon a project after approval of an environmental impact report or a negative declaration in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.
B.
The processing, review, and approval of a development agreement authorized or required pursuant to the provisions of this section shall be processed, reviewed, and approved concurrently with the specific discretionary entitlement or review process applicable to the project which would be subject to such development agreement. Development agreements authorized or required pursuant to this section need not be processed pursuant to the provisions of this Title.
(Ord. 5131 § 34, 2022)
§ 17.265.160 Amendment and cancellation of agreement by mutual consent.
The procedure for proposing and adopting an amendment to or canceling, in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.
(Ord. 5131 § 34, 2022)
§ 17.265.170 Recordation of development agreement, amendment, or cancellation.
A.
Within 10 days after the development agreement has been executed and has become binding on the city, 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 65868, or if the city council terminates or modifies the agreement as provided in Government Code section 65865.1 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. 5131 § 34, 2022)
§ 17.265.180 Periodic review.
A.
The director shall review the compliance by the property owner under the development agreement every 12 months from the date the agreement is entered into.
B.
If the director finds substantial evidence that the property owner under the development agreement has not complied in good faith with the terms and conditions of the development agreement the director shall set a public hearing before the commission, noticed in accordance with section 17.265.100, at which the property owner must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of compliance by the property owner is upon the property owner.
C.
The commission shall determine upon the basis of substantial evidence whether the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.190 Procedure upon findings.
A.
If the director after the director's review, or the commission after a hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
B.
If the commission after a hearing determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the commission shall forward its recommendation to the city council and the city council may modify or terminate the agreement.
(Ord. 5131 § 34, 2022)
§ 17.265.200 Modification or termination.
A.
Within 30 days of receipt of the commission's findings and determinations regarding compliance with the development agreement, a public hearing shall be set by the city clerk, noticed in accordance with section 17.265.100, and held by the city council. The notice shall contain:
B.
At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The city council may refer the matter back to the commission for further proceedings or for report and recommendation. The city council may impose such conditions as it considers necessary to protect the interest of the city. The decision of the city council shall be final.
(Ord. 5131 § 34, 2022)
§ 17.265.210 Enforcement.
Unless amended or canceled, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation (not including Title 15 of this Code), adopted by the city council which may otherwise alter or amend the rules, regulations, or policies specified in such development agreement.
(Ord. 5131 § 34, 2022)