This ordinance shall be known as the "Development Agreement Procedure Ordinance."

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

This article is enacted pursuant to the authority contained in Section 65864 et seq. of the California Government Code.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

The purposes of this chapter are:

(a)

To prescribe the procedure for consideration of development agreements;

(b)

To encourage private participation in comprehensive planning; and

(c)

To reduce the economic costs of development.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Application for a development agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Application shall be made on a form prescribed by the Planning Director and shall be filed with the Planning Department. The application shall be accompanied by a fee prescribed by the City Council, and a project description, which may, at the discretion of the Planning Director, include the following:

(a)

A legal description of the affected property, a listing of property owners, and the proposed parties to the agreement;

(b)

A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the agreement and those that may vary;

(c)

An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project;

(d)

The special conditions, if any, to be imposed;

(e)

The timing of the development project;

(f)

Public facilities financing plan;

(g)

A statement of the relationship to the specific plan and to the general plan; and

(h)

Other items specific to the project proposal, as determined by the City Attorney or Planning Director.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

The Planning Director, or his or her designee, shall review the application to determine whether it is complete and schedule a public hearing before the Planning Commission pursuant to Section 9-4.5006. If the application is not complete, the applicant shall be given an opportunity to provide additional information.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

(a)

An application for a development agreement shall be considered by the Planning Commission, which shall hold a public hearing on the application. Notice of the hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The Planning Commission shall determine whether the proposal is consistent with the city's General Plan and any applicable specific plan and may recommend approval or disapproval of the application, or recommend its approval subject to changes in the development agreement or conditions of approval, giving consideration to the factors set forth in Section 9-4.5007.

(b)

After a recommendation has been rendered by the Planning Commission, the City Council shall hold a public hearing on the application. Notice of the hearing and the intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the California Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The City Council shall review the recommendation of the Planning Commission and determine whether the proposal is consistent with the City's General Plan and any applicable specific plan, and may approve or disapprove the proposed development agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in Section 9-4.5007. If the City Council approves the development agreement or approves it subject to changes or conditions, it shall do so by ordinance.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

In reviewing an application for a development agreement, the Planning Commission and City Council shall give consideration to:

(a)

Other pending applications and approved projects;

(b)

The traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the community;

(c)

Ability of the applicant to address public facility needs and financing obligations;

(d)

The relationship of the project to the City's growth management program;

(e)

The provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessibility to the public;

(f)

The type and magnitude of the project's economic effects to the City of Pacifica, and of its contribution, if any, toward meeting the City's housing needs, including affordable housing; and

(g)

Any other comparable, relevant factor or factors.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Any development agreement that is considered for approval by the Planning Commission and City Council shall also be reviewed to ensure compliance with the California Environmental Quality Act (Public Resource Code § 21000 et seq.).

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

Each development agreement shall be reviewed at least once every twelve (12) months by the Planning Director, or his or her designee, and the review period shall be specified in the agreement. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If the Planning Director finds that such compliance has been deficient, he or she shall forward this finding and his or her recommendation to the City Council for consideration in accordance with Section 9-4.5007.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

At any time the City Council may, at a public hearing, consider whether there are grounds for termination of any development agreement. The Planning Director shall give notice of the intention to conduct a review under this section as provided in Government Code sections 65090 and 65091. Notice of the hearing shall be given by posting notices thereof within three hundred (300) feet of the property involved. Notice of the hearing shall also be given by mail or delivery to the holder of the development agreement, to all parties who have commented on the initial application, and to other interested parties as deemed appropriate. All such notices shall be given not less than ten (10) days prior to the date set for the hearing. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of such review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the City Council may terminate or modify the agreement in whole or in part.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

A development agreement shall not be transferred or assigned to a new person without the written consent of the City. A successor in interest shall provide proof of ability to fulfill the applicant's obligations pursuant to the development agreement. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A development agreement may be amended, or canceled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)

No later than ten (10) calendar days after the City enters into a development agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto. If the agreement is amended, canceled, or revoked pursuant to Sections 9-4.5010 and 9-4.5011, the City Clerk shall record notice of such action with the Recorder.

(§ 3, Ord. 837-C.S., eff. December 12, 2018)