The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations and conditions that were applicable at the time of project approval, and in a manner consistent with California Government Code 65864 et seq.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

For the purpose of this chapter, a development agreement shall mean the following: "Development agreement." A contract duly executed and legally binding between the City of Kingsburg and a developer(s) that delineates the terms and conditions agreed upon by two (2) or more parties.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

To enter into a development agreement, the city shall find that:

A.

A person has a legal and/or equitable interest in real property for the development of such property; and

B.

The development project is consistent with the Kingsburg General Plan any applicable specific plan and the applicable provisions of this code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A development agreement shall specify, among other necessary provisions as determined by the city or required by California Government Code Section 65864, et seq., the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for pubic purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Should a person or entity wish to develop land pursuant to the provisions of a development agreement, the person or entity shall file an application for use of a development agreement with the planning department on a form prescribed by the planning department. The application shall be accompanied by a fee set by resolution of the city council. Also, the city may require the use of a development agreement for the development of any land within the city limits of the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission and city council shall each hold a public hearing on the adoption of a development agreement. The city shall give notice of intention to consider adoption o the development agreement. Notice of public hearing shall be given as provided in California Government Code Sections 65090 and 65901 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The form of the public notice to consider adoption of the development agreement shall contain the time and place of the hearing; a general explanation of the matter to be considered including a general description of the area affected; and other information required by this code or applicable law or which the city considers necessary or desirable.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning department shall prepare a report on the request for adoption of a development agreement. The planning department shall provide a recommendation to the planning commission and city council based on the following findings:

A.

Is the project consistent with the Kingsburg General Plan and any applicable specific plan?

B.

Is the project in compliance with the applicable city zoning and use in the applicable zone district, all applicable development standards and specifications and other applicable laws, rules and regulations?

C.

The project will not be detrimental to the public health, safety and general welfare?

D.

The project will provide sufficient benefit to the city to justify entering into the development agreement?

E.

The project will not have a significant impact on the environment?

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

During the public hearing, the planning commission shall review the planning department's report and shall take action on the development agreement. The planning commission can approve, approve with conditions or deny the development agreement. The planning commission's action and findings shall be forwarded to the city council.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

During a public hearing, the city council shall review the planning department's report and consider the planning commission's recommendation and shall take action on the development agreement. The council can approve, approve with modifications or deny the development agreement. Subsequent to a decision by the city council, the following actions shall be initiated:

If the council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the approved development agreement with the applicant.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by California Government Code Section 65867. An amendment to an agreement shall be subject to the he provisions of the California Government Code Section 65867.5.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Within ten (10) days after the city enters into the development agreement, the city shall have the agreement recorded with the county recorder against title to the real property upon which the development will be constructed. Unless otherwise agreed by the city, the development agreement shall be senior in title to all other liens or encumbrances of title to said real property.

B.

If the parties to the development agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement, the city shall have notice of such action recorded with the county recorder.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

The planning department shall review the development agreement at least once every twelve (12) months after the date of the development agreement is entered into. The planning department shall report the findings to the city council. The time for review may be modified by agreement between the parties.

B.

Should the planning director find that the developer is in non-compliance or not performing consistent with the provisions of the development agreement, the director shall report this finding to the city council. The city council may terminate the development agreement consistent with Section 17.90.110 of this chapter.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)