Lakewood City Zoning Code
PART 23
Development Agreements
§ 9800 Purpose.
The purpose of this Part 23 is to establish procedures and requirements for consideration of development agreements by the City consistent with state law. This Part 23 is adopted pursuant to California Government Code Section 65864 et seq.
§ 9801 Application.
A.
An applicant may propose that the City consider entering into a development agreement pursuant to California Government Code Section 65864 et seq. by filing an application with the Community Development Department and by demonstrating that the project satisfies the eligibility requirements of this Chapter.
B.
The application shall be submitted on development agreement forms and containing all requested information as required by the Director of Community Development.
C.
The development agreement application form shall be in a format approved by the Director of Community Development.
D.
The status of the applicant as an owner of the property shall be established to the satisfaction of the Director of Community Development.
E.
The application is accompanied by all other lawfully required documents, materials, and information.
F.
The Director of Community Development is authorized to receive, review, process and prepare, together with applicable recommendations to the Planning and Environment Commission and the City Council for consideration, all applications for development agreements.
G.
An application fee, as established by a resolution of the City Council, shall be collected for any development agreement application made pursuant to the provisions of this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted pursuant to Section 9806.
§ 9802 Procedure.
The procedure for consideration of a development agreement is as follows:
A.
The Director of Community Development, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for public hearing before the Planning and Environment Commission pursuant to Part 12 of this Chapter (Procedure, Hearings, Notices and Fees). Following conclusion of the public hearing by the Planning and Environment Commission, the Planning and Environment Commission shall make a written recommendation to the City Council that it approve, conditionally approve, or deny the application.
B.
Upon receipt of the Planning and Environment Commission's recommendation, the City Clerk shall set the application and written report of the Planning and Environment Commission for public hearing before the City Council. Following conclusion of the public hearing, the City Council shall approve, conditionally approve, or deny the application.
D.
Should the City Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the City Manager or his/her designee.
E.
The ordinance shall contain findings, and the facts supporting them, that the development agreement is consistent with the General Plan and with any applicable specific plans and this Code, and that the agreement will promote the public interest and welfare of the City.
F.
The ordinance for the development agreement may be subjected to referendum in the manner provided by state law.
§ 9803 Development Agreement Content.
A.
Mandatory Contents. A development agreement prepared pursuant to this Chapter shall:
1.
Describe the location of the subject property.
2.
Specify the duration of the agreement.
3.
Specify the permitted uses for the subject property.
4.
Specify the density or intensity of the proposed uses.
5.
Describe the maximum setbacks, height, and size of proposed structures.
6.
Describe active and passive open space areas including those used for recreational purposes.
7.
Describe the provisions, if any, for reservation or dedication of land for public purposes.
8.
Prohibit protection from either a future growth control ordinance or a future increase in development fees.
9.
Provide for the possibility of the subsequent discovery of health and safety issue which would necessitate a reconsideration/amendment of the previously approved development agreement.
10.
Provide for a tiered amendment review procedure that may incorporate the following:
B.
Optional Contents. A development agreement prepared pursuant to this Chapter may include the following:
1.
Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the 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 specified in the agreement.
2.
Provisions that require that construction be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
3.
Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings.
4.
Any other terms, conditions and requirements as the council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the City, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.
§ 9804 Execution and Recordation.
A.
The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective.
B.
The development agreement shall be recorded by the developer in the office of the Los Angeles County Recorder no later than 30 days after it is executed. Failure to record the agreement will nullify this agreement.
§ 9805 Environmental Review.
The approval or conditional approval of a development agreement pursuant to this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) unless otherwise prohibited by state law.
§ 9806 Periodic Review.
A.
Every development agreement approved and executed pursuant to this Chapter may be subject to an annual review by the City during the term of the agreement. The purpose of the annual review shall be to determine whether the applicant and/or contracting party or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant and/or contracting party or its successor to demonstrate compliance with the full satisfaction of, and in a manner prescribed by, the City.
B.
The purpose of the annual review shall be to determine whether the applicant and/or contracting party or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor to demonstrate compliance with the full satisfaction of, and in a manner prescribed by, the City.
C.
If, as a result of periodic review pursuant to this section, the City Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the City Council may order, after a noticed public hearing in the manner prescribed by Part 12 of this Chapter (Procedure, Hearings, Notices and Fees), that the agreement be terminated or modified.
§ 9807 Future Effect of Development Agreement.
Unless otherwise provided by the development agreement, the rules, regulations and official policies governing permitted uses of the land, density, and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies in effect at the time of such subsequent action.
§ 9808 Approved Development Agreements.
Pursuant to this Chapter, development agreements approved by the City Council shall be filed and available for public review in the office of the City Clerk.