A.

The purpose of this Chapter is to establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. In this regard, it is intended that the provisions of this Chapter should be fully consistent, and in full compliance, with the provisions of Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the California Government Code, and shall be so construed.

B.

In construing the provisions of any development agreement entered into pursuant to this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Article 2.5 of the California Government Code, cited above, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, then the documents shall control in construing the development agreement in the following order of priority:

1.

The plain terms of the development agreement itself;

2.

The provisions of this Chapter, and

3.

The provisions of Article 2.5 of the California Government Code, cited above.

(Ord. C-6533 § 1 (part), 1988)

A.

Any owner of real property or other person having a legal or equitable interest in the property may request and apply through the Director of Planning and Building for the City to enter into a development agreement provided that:

1.

The property proposed to be subject to the agreement shall be not less than eighty thousand (8,000) square feet in size;

2.

The application is made on forms approved, and contains all information required, by the Director;

3.

The status of the applicant as an owner of, or holder of legal or equitable interest in, the property is established to the satisfaction of the Director; and

4.

The application is accompanied by the fee established pursuant to Subsection 21.29.020.C and all other lawfully required documents, materials and information.

B.

The Director of Planning and Building, or his designee, is hereby empowered to receive, review, process and prepare, together with his recommendations, for Planning Commission and City Council consideration as applicable all applications for development agreements. He may call upon all other departments of the City to assist him in his responsibilities under this Chapter, which assistance shall be provided in a timely manner.

C.

Processing fees, as established by resolution of the City Council, shall be charged for any application for a development agreement made pursuant to the provisions of this Chapter, and shall also be so established and charged for periodic reviews conducted pursuant to Section 21.29.070.

(Ord. C-6546 § 5, 1988; Ord. C-6533 § 1 (part), 1988)

A.

When an application for a development agreement is deemed complete by the Director of Planning and Building, he shall, within one hundred twenty (120) days, set the application, together with his recommendations relating to it, for public hearing before the Planning Commission. Following conclusion of public hearing by the Commission, the Commission may recommend to the City Council that it approve, conditionally approve, or disapprove the application.

B.

Within forty-five (45) days of final action by the Planning Commission and receipt of a written report of such action, the City Clerk shall set the application and written report of the Planning Commission for public hearing before the City Council. Following conclusion of public hearing by the City Council, the City Council shall approve, conditionally approve or deny the application.

C.

Notice of the hearings set forth in Subsections A and B of this Section 21.29.030 shall be given in the form of a notice of intention to consider adoption of a development agreement as required by Section 65867 of the California Government Code.

D.

Should the City Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the City Attorney to prepare 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 on behalf of the City.

E.

The ordinance shall set forth findings, and the facts supporting them, that the development agreement is consistent with the Long Beach General Plan and any and all specific plans and that it will promote the welfare and public interest of the City of Long Beach.

F.

The ordinance may be subjected to referendum in the manner provided by law.

(Ord. C-6533 § 1 (part), 1988)

A.

Mandatory contents. A development agreement entered into pursuant to this Chapter must contain provisions that:

1.

Specify the duration of the agreement;

2.

Specify the permitted uses of the property;

3.

Specify the density or intensity of use;

4.

Set forth the maximum height and size of proposed buildings; and

5.

Set forth provisions, if any, for reservation or dedication of land for public purposes.

B.

Permissive contents. A development agreement entered into pursuant to this Chapter may:

1.

Include conditions, terms, restrictions, and requirements for subsequent discretionary actions, 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;

2.

Provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;

3.

Include 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.

Include such other terms, conditions and requirements as the City Council may deem necessary and proper, including, but not limited to, a requirement for assuring, to the satisfaction of the City, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

(Ord. C-6533 § 1 (part), 1988)

A.

The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement and enacted pursuant to Section 21.29.030 becomes effective.

B.

An executed development agreement shall be recorded in the office of the Recorder of the County of Los Angeles no later than ten (10) days after it is entered into.

(Ord. C-6533 § 1 (part), 1988)

The approval or conditional approval of a development agreement pursuant to this Chapter 21.29 shall be deemed a discretionary act for purposes of the California Environmental Quality Act.

(Ord. C-6533 § 1 (part), 1988)

A.

Every development agreement approved and executed pursuant to this Chapter shall be periodically reviewed during the term of the agreement every year following the date of its execution.

B.

The purpose of the reviews conducted pursuant to this Section shall be to determine whether the applicant/contracting party or its successor in interest has complied in good faith with the terms of the development agreement. The burden shall be on the applicant/contracting party or its successor to demonstrate such compliance to the full satisfaction of, and in a manner as 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 terms or conditions of the agreement, the City Council may order, after hearing, that the agreement be terminated or modified.

(Ord. C-6533 § 1 (part), 1988)

Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing 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 denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Ord. C-6533 § 1 (part), 1988)

Pursuant to this Chapter, the City Council has approved those certain development agreements as described below:

(ORD-09-0031, §§ 1—6, 2009; Ord. C-7959 § 2, 2004: Ord. C-6533 § 1 (part), 1988)