Large scale developments are typically phased projects extending over a period of several years, requiring multiple entitlements and long-term commitment of both public and private resources.

Large-scale developments often require integration between public and capital facilities planning, financing and construction phasing of private projects.

Large-scale developments often incorporate mixed-use design opportunities while maintaining land use consistency with surrounding land uses.

Large-scale developments have long-term structuring and development management that requires flexibility in development and entitlement negotiations.

Consideration of a development agreement may be initiated by:

While any person proposing a project may request a development agreement, all projects proposing a large-scale development must enter into a development agreement with the City. A "large-scale development" is one with 10 or more residential or commercial units; hotels or motels with more than 25 guest rooms; shopping centers with five or more structures; or industrial projects consisting of either 50,000 or more square feet of building space or on lots greater than one acre. Large-scale developments may utilize the BRDZ set forth in Chapter 21.45 of this code.

The applicant may file an application with the City Planner to enter into a development agreement provided that:

Planner Review. The City Planner is authorized to receive, review, process, and prepare recommendations for City Council consideration on all applications for development agreements.

Concurrent Processing and Public Hearings. All development-related applications will be processed and scheduled for public hearing in conjunction with the application for a development agreement. Unless otherwise specifically approved by the City Council in connection with the initial approval of a development agreement, the maximum term for a development agreement is five years.

Mandatory Contents. A development agreement entered into in compliance with this chapter must contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) required by California law (Government Code Section 65865.2, as amended) including, without limitation, identification of the public benefit.

For development agreements governing projects with 10 or more residential or commercial units, the development agreement must contain clauses requiring the applicant to establish an owner's association in accordance with the Monterey Park Homeowners Association Monitoring Program established by City Council resolution.

Permissive Contents. A development agreement may include any other terms determined to be appropriate and necessary by the City Council, including provisions for the payment to the City of monetary consideration for public benefit.

Agreement Deemed Withdrawn. The City Council may authorize the Mayor or City Manager to execute a development agreement. If the applicant has not executed the development agreement and returned the executed agreement to the City Clerk within 30 days after the effective date of the City Council's approval, the development agreement application is deemed withdrawn and any signature by the Mayor or City Manager is void. The Council may extend the 30 day period for good cause shown if a written request is filed before the expiration.

Other Permits or Entitlements. Nothing in this chapter limits conditions of approval for any other discretionary permit in this code.

Recordation. A development agreement must be recorded with the County Recorder not later than 10 days after it is executed, in compliance with Government Code Section 65868.5, as amended.

Periodic Review. Every development agreement approved and executed in compliance with this chapter is subject to annual review by the City Planner, or designee, during the full term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews will be collected in accordance with city council resolution.

Purpose of Periodic Review. The purpose of the periodic review is to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the development agreement. The burden of proof is on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

Result of Periodic Review. If, as a result of a periodic review in compliance with this chapter, the City Planner finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the development agreement, the City Planner will notify the City Council that the development agreement be terminated or modified.