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Vernon City Zoning Code

CHAPTER 17

84 DEVELOPMENT AGREEMENT

§ 17.84.010 Purpose.

The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Development Agreements.
(Prior code § 26.6.1)

§ 17.84.020 Applicability.

Development Agreements are authorized by California Government Code Section 65864 as a means of providing both the City and property owners with assurances that development projects can be completed under the terms, conditions, and regulations in effect at the time that authority is granted to proceed with a project.
(Prior code § 26.6.8-1)

§ 17.84.030 Contents of agreement.

A Development Agreement shall specify the duration of the agreement. The Development Agreement shall specify the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes, if any reservation or dedication is required by the City of Vernon. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary action shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The Development Agreement may provide that construction be commenced within a specified time, that the project be completed within a specified time, and/or may provide for construction to be accomplished in phases. The Development Agreement may contain such other provisions as may be considered necessary or proper by the City Council to further legitimate City interest or to protect the public health, safety, and welfare so long as such terms are not inconsistent with the provisions of State law relating to Development Agreements, nor inconsistent with the ordinances, policies, plans, or resolutions of the City of Vernon.
(Prior code § 26.6.8-2)

§ 17.84.040 Findings.

In acting to grant a Development Agreement, the City Council shall make the following findings with regard to the proposed Development Agreement:
A. 
The Development Agreement is consistent with the General Plan objectives, policies, land uses, and implementation programs and any other adopted plans or policies applicable to the agreement;
B. 
The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
C. 
The Development Agreement will promote the public convenience, health, interest, safety, and general welfare of the City and will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public;
D. 
The associated project will further important Citywide goals and policies that have been officially recognized by the Council; and
E. 
The Development Agreement is consistent with the provisions of California Government Code Section 65864 et seq.
(Prior code § 26.6.8-3)

§ 17.84.050 Denial of development agreement.

The City Council, in its sole discretion, may decide not to enter into the Development Agreement on the grounds that, in its opinion, the proposed agreement is not in the best interest of the public.
(Prior code § 26.6.8-4)

§ 17.84.060 Public hearings and adoption.

A public hearing shall be held on the proposed Development Agreement by the City Council. Notice of the public hearings specified in this title shall be given in the form of a notice of intention to consider approval of a Development Agreement in compliance with Government Code Section 65867 and in the manner described in Section 17.72.040, "Notice of public hearing." Development Agreements shall be adopted by ordinance of the City Council, which constitutes final action and approval of the agreement. After the effective date of the ordinance approving the Development Agreement, the City may enter into the agreement.
(Prior code § 26.6.8-5)

§ 17.84.070 Recordation.

A Development Agreement shall be recorded in the County Recorder's office no later than 10 days after it is executed and a confirming copy of the recorded document shall be sent to the City.
(Prior code § 26.6.8-6)

§ 17.84.080 Amendment and cancellation.

Unless otherwise provided in a Development Agreement, either party may propose an amendment to or cancellation, in whole or in part, of a Development Agreement previously entered into. The procedure for proposing and adoption of an amendment to or cancellation, in whole or in part, of a Development Agreement shall be the same as the procedure for entering into an Agreement in the first instance, including, but not limited to, the notice of and the public hearings as specified in Section 17.72.040. In the event that a Development Agreement is canceled or terminated, all rights of the private party under the Development Agreement shall terminate. Except as otherwise provided in the Development Agreement, the City may, at its sole discretion, retain any and all benefits, including reservation or dedications of land, improvements constructed, and payments of fees, received by the City.
(Prior code § 26.6.8-7)

§ 17.84.090 Review.

Every Development Agreement approved and executed in compliance with this title shall be subject to City review, as specified in the Development Agreement, during the full term of the agreement, but in no case less than every 12 months from the date of execution of the agreement. The time for review may be amended either by agreement between the parties or by initiation of the City Council.
(Prior code § 26.6.8-8)