Vacaville City Zoning Code

To comply with the requirements of the California Government Code as they pertain to development agreements;

To establish the procedures for the review, processing, adoption, amendment, and cancellation of development agreements;

To provide certainty to a project applicant and to the City that upon approval, a project will proceed toward development in accordance with certain specified policies, rules and regulations, and conditions of approval, within a specified time frame;

To provide complete discretion on the part of the City Council to approve or deny any development agreement as it involves an agreement otherwise limiting the City's police powers;

To promote and preserve the public health, safety, general welfare, and economic wellbeing of the City and citizens; and

To implement the goals, objectives, and policies of the Land Use and Development Code and the General Plan.

Substantial provisions of public facilities or dedication of land or property rights in excess of normal standards.

Substantial financial or economic benefit to the City and/or the redevelopment agency.

A specific plan for an outlying residential area which provides for complete and adequate public facilities and community benefit in excess of normal standards.

The Planning Commission is authorized to make a recommendation to the City Council to approve, approve with modifications, or deny a development agreement.

The City Council is authorized to approve, approve with modifications, or deny a development agreement. The City Council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the City for any specific development project.

The Director of Community Development is authorized to approve administrative changes to a development agreement in accordance with the provisions of Section 14.17.050.020.B.

Application Required. Any person wishing to enter into a development agreement shall file an application with the Director of Community Development and demonstrate that the project qualifies for a development agreement as set forth in Section 14.17.010.050.

Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

Application Fee. Any application pursuant to this division shall be accompanied by a filing fee set by resolution of the City Council.

The Director of Community Development may accept an application for processing upon a determination that the application is consistent with the General Plan and with the direction of the City Council.

If a question of consistency exists, the Director of Community Development may refer the application to the City Council to make a determination of consistency and on whether to accept the application.

A determination by the Director of Community Development or by the City Council to accept the application and initiate the preparation of the development agreement shall not be considered an indication that the development agreement will be approved.

The memorandum of understanding shall be submitted to the City Council to provide preliminary direction as to the terms and conditions of the development agreement application.

The applicant shall agree in concept to the business points specified in the memorandum of understanding prior to any submittal and review by the City Council. If the applicant does not concur with all provisions, the applicant shall submit a letter to the City specifying the areas of disagreement and indicate the reasons for such disagreement.

Any direction provided by the City Council on the memorandum of understanding shall not be considered an indication that the development agreement will be approved.

Effective date and term of the agreement;

Project description, including permitted uses, timing of project construction and completion;

Establishment of vested rights, including project approvals and subsequent approvals to be vested, if any;

Provisions for environmental review;

Obligations of the developer and the City;

Provisions for financing districts, if applicable;

Determination of applicable law;

Fees, waivers, and payment schedule;

Provisions for transfers and assignments;

Provisions in the event of default, remedies, and termination;

Provisions for amendment to the development agreement;

Provisions for recordation of the development agreement;

Provisions for annual review;

Any other information required by the City Attorney in consultation with the Director of Community Development to provide for a complete analysis of the project; and

A proposed agreement shall include such additional conditions, terms, restrictions, or requirements as determined by the City Council to be in the public interest.

Prior to the public hearing, the applicant shall submit a letter to the City indicating agreement with the provisions of the proposed development agreement. If the applicant does not concur with all provisions, the letter shall specify the areas of disagreement and indicate the reasons for such disagreement.

The Planning Commission shall recommend approval, approval with modifications, or denial of an application for a development agreement. The Planning Commission shall make findings of fact when taking an action on a development agreement.

City Council Action. The City Council may approve, modify, or reject the recommendation of the Planning Commission.

Findings Required for Approval. In order to approve a development agreement, the City Council shall adopt findings of fact, including, but not limited to, the following:

A development agreement shall be adopted by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement.

Rules Affecting All Development Agreements. All development agreements shall be subject to the regulation and requirements of the laws of the State, the Constitution of the United States, and any codes, statutes, or executive mandates, and any court decisions, state or federal, thereunder. In the event that any such law, code, statute, mandate, or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

Separate Procedure. All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the Zoning Ordinance, the General Plan, conditional use permits, subdivision approvals, building permits, or any other City planning function. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.

Effect of Development Agreement. When approved, the development agreement and any development control maps and all notations, references, and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siting, or design of structures; location or design of open areas; and landscaping and other comparable regulations.

Construction. This chapter and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this chapter, any provision of such a development agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations, and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules, regulations, and official policies in force at the time of the approval of the development agreement by the City Council; provided, however, that the developer is subject to all increases in City imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.

Judicial Review – Time Limitation. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of decision as provided in Section 1094.6 of the Code of Civil Procedure of the State.

Applicant's Submission. Not less than 45 calendar days nor more than 60 calendar days prior to the date of review, the applicant shall submit to the Director of Community Development evidence of the applicant's good faith compliance with the development agreement and notify the Director of Community Development in writing that such evidence is being submitted to the City pursuant to the period review requirements of this section. Said notification shall be accompanied by a processing fee in an amount set by resolution of the City Council.

Finding of Compliance. If the Director of Community Development finds good faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Director of Community Development, the expiration of the appeal period without the filing of an appeal, or, if appealed, confirmation by the City Council of the issuance of the certificate, shall conclude the review process.

Finding of Noncompliance. If the Director of Community Development on the basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, the Director of Community Development shall specify in writing to the developer the terms with which the developer has failed to comply. The Director of Community Development shall also specify a reasonable time for the developer to meet the terms of compliance.

Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance by the Director to the Planning Commission within 10 calendar days after such issuance. The developer may also file an appeal of the Director of Community Development's finding of noncompliance to the Planning Commission within 10 calendar days after giving of notice of such determination. The determination of the Planning Commission may, in turn, be appealed to the City Council. The review of any appeals shall be conducted in accordance with the provisions of Section 14.09.030.120.

Referral to the Planning Commission. The Director of Community Development may refer any review to the Planning Commission.

When adopting an amendment to a development agreement, the City Council shall make findings, including, but not limited to, the following:

Administrative Adjustment. Any revision to the development agreement which does not relate to the term of the agreement, permitted uses of the property, provisions for the reservation or dedication of land or monetary exactions of the developer, shall be considered an administrative adjustment, and is not an amendment, and no public hearing shall be required, unless otherwise determined by the Director of Community Development or the City Council.

Cancellation of the Development Agreement. Any development agreement may be cancelled by mutual consent of the parties. Following a public hearing by the City Council, the Council shall adopt a resolution canceling the development agreement, subject to the provisions of subsection C of this section, if applicable.

Termination of the Development Agreement by the City.

Rights of the Parties After Cancellation or Termination. In the event that a development agreement should be cancelled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner, or successors in interest under the development agreement shall terminate.