Walnut City Zoning Code
CHAPTER 6
112 DEVELOPMENT AGREEMENTS
§ 6.112.010 Intent and authority for.
This chapter is established to provide procedures and requirements for consideration of development agreements for the purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code. The Planning Commission may recommend and the City Council may enter into a development agreement for the development of real property with any person having a legal or equitable interest in such property as provided in this chapter.
§ 6.112.020 Initiation of hearings.
Hearings on a development agreement may be initiated:
§ 6.112.030 Application for development agreement.
Any person having a legal or equitable interest in real property or such other interest as specified in Section 6.112.040(B)(2) may file an application proposing consideration of a development agreement with the Director, except that a person may not file, and the Director shall not accept an application which is the same as, or substantially the same as, an application upon which final action has been taken by the Commission or by the City Council within one year prior thereto, except as otherwise provided by Section 6.112.220.
§ 6.112.040 Contents of application.
A.
An application proposing consideration of a development agreement shall contain the following information and such other information as is requested by the Director.
B.
The Director may reject any application that does not supply the information requested herein:
1.
The name and address of the applicant and of all persons having a legal or equitable interest in all or part of the property proposed to be used.
3.
Location of subject property (address or vicinity).
4.
Legal description of the property, including a statement of total area involved.
5.
With each application the applicant shall also file:
a.
Maps in the number prescribed and drawn to a scale specified by the Director, showing the location of all property included in the request for action, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of the property described in the application.
b.
One copy of the map shall indicate the uses established on every lot or parcel of land shown within the 700-foot radius described in paragraph a above.
c.
A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the property described in the application. One copy of the map shall indicate the ownership of the lots or parcels of land.
6.
The development agreement proposed together with all explanatory text, plans, maps, drawings, pictures and other information as may be required to evaluate such proposal.
7.
Such other information as the Director may require. The Director may waive the filing of one or more of the above items where the same information required is filed with a zone change, permit, tentative subdivision map or other action requiring approval of the City Council and/or Commission to be concurrently considered.
C.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
§ 6.112.050 Burden of proof.
In addition to the information required in the application by Section 6.112.040, the applicant for a development agreement shall substantiate to the satisfaction of the Commission and the Council the following facts:
A.
That the proposed development agreement is consistent with the general plan and any applicable community, area or specific plan, and
B.
That the proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations, and
C.
That the proposed development agreement is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant, and
D.
That the proposed development agreement will not:
1.
Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2.
Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3.
Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
§ 6.112.060 Fee required.
When an application proposing a development agreement is filed, it shall be accompanied by the filing fee as required in Section 6.80.030.
§ 6.112.070 Commission hearing.
In all cases where a proposed development agreement is initiated, the Commission shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure provided in Chapter 6.80.
§ 6.112.080 Findings and decision.
A.
The Commission shall recommend approval and the City Council shall approve an application for a development agreement where it finds that the information presented by the applicant and/or obtained at public hearing substantiates that the burden of proof set forth in Section 6.112.050 has been met. In addition, the Commission and City Council shall also find that the proposed development agreement complies with the terms, conditions, restrictions and requirements of Section 6.112.090.
B.
The Commission shall recommend denial where the information submitted and/or obtained at public hearing fails to substantiate such findings to the satisfaction of the Commission.
§ 6.112.090 Required terms, conditions, restrictions and requirements.
A.
Every development agreement entered into by the City Council shall include the following terms, conditions, restrictions, and requirements:
1.
The duration of the agreement including a specified termination date if appropriate, and
2.
The uses to be permitted on the property, and
3.
The density or intensity of use permitted, and
4.
The maximum height, size and location of buildings permitted, and
5.
The reservation or dedication of land for public purposes to be accomplished, if any, and
B.
Such terms, conditions, restrictions or requirements shall not be contrary to zoning, subdivision or other ordinances, laws or regulations applicable to the proposed development.
§ 6.112.100 Other terms, conditions, restrictions and requirements.
A development agreement may also include additional terms, conditions, restrictions and requirements for subsequent discretionary actions in addition to those provided in Section 6.112.090; provided, that such terms, conditions, restrictions and requirements do not prevent development of the lot or parcel of land included in such agreement for the uses and to the density or intensity of development set forth in the agreement, including but not limited to:
A.
The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods.
B.
The construction of public facilities required in conjunction with such development, including, but not limited to, vehicular and pedestrian rights-of-way, drainage and flood-control facilities, parks and other recreational facilities, and sewers and sewage-treatment facilities.
C.
The prohibition of one or more uses normally listed as permitted, accessory, or subject to permit in the zone where placed.
D.
The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur.
E.
The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee, the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the City Clerk and assign to the City, certificates or shares equal in amount to the required amount of the bond and subject to the same conditions as set forth in this subsection.
F.
The requirement of specified design criteria for the exteriors of buildings and other structures including signs.
G.
The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities including vehicular and pedestrian ingress and egress.
H.
The regulation of nuisance factors such as noise, garbage, heat and the prevention of glare or direct illumination of adjacent properties.
I.
The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.
§ 6.112.110 Recommendation of Commission.
A recommendation by the Commission shall be by resolution carried by the affirmative vote of not less than three of its members. Such recommendation is final and conclusive and may not be reconsidered by the Commission except upon a referral by the City Council.
§ 6.112.120 Notice of Commission action.
The Commission shall serve a notice of its action in the manner prescribed by Section 6.80.160.
§ 6.112.130 Council hearing.
After receipt of the Commission’s recommendation, the City Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 6.80.050.
§ 6.112.140 Modification of Commission’s recommendation.
The City Council may approve, modify or disapprove a Commission recommendation involving a development agreement; provided that any modification of the development agreement by the City Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after such referral or such longer period of time designated by the City Council, shall be deemed to be approval by the Commission of the proposed modification.
§ 6.112.150 Approval by City Council.
Approval by the City Council of a development agreement shall be by ordinance.
§ 6.112.160 Development agreement-Adoption of ordinance and contract execution.
A.
No ordinance shall be adopted and the Mayor shall not execute a development agreement until it has been executed by the applicant. If the applicant has not executed the agreement or agreement as modified by the City Council, and returned the agreement to the City Clerk within 30 days following City Council approval, the approval shall be deemed withdrawn and the City Council shall not adopt the ordinance nor the Mayor execute the agreement.
B.
Such 30-day time period may be extended upon approval of the City Council.
§ 6.112.170 Notice of City Council’s decision.
The City Council shall serve a notice of its action in the manner prescribed by Section 6.80.160.
§ 6.112.180 Recordation.
Not more than 10 days following the execution of a development agreement by the City Council, the City Clerk shall record with the County Recorder a copy of the executed agreement.
§ 6.112.190 Ordinances, regulations and requirements applicable to development.
Unless otherwise provided by a development agreement, the general plan, zoning, subdivision, and other ordinances, rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specification applicable to property subject to a development agreement shall be those applicable to such development on the date of execution of the development agreement by the City Council, provided however that a development agreement shall not:
A.
Be construed to prevent the application of later adopted or amended ordinances, rules, regulations and policies in subsequent applications applicable to the property which do not conflict with such existing ordinances, rules, regulations and policies, or
B.
Prevent the approval, approval subject to conditions, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations and policies.
§ 6.112.200 Subsequently enacted state and federal laws.
In the event that state or federal laws or regulations enacted subsequent to execution of a development agreement prevent or preclude compliance with one or more provisions of such agreement, the agreement shall be deemed modified or suspended to the extent necessary to comply with the State or federal laws or regulations.
§ 6.112.210 Enforcement and continuing validity.
§ 6.112.220 Amendment or cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment or cancellation shall be the same as provided in this chapter for initiation and consideration of such agreement.
§ 6.112.230 Review for compliance by Director.
A.
Every development agreement entered into by the City Council shall provide for the periodic review of the applicants’ compliance with such agreement by the Director at a time interval specified in such agreement but in no event longer than 12 months.
B.
The Director shall determine on the basis of substantial evidence that the applicant or his or her successor in interest has or has not complied with this agreement. If as a result of this review the Director determines that the agreement is not being complied with, he or she shall notify the applicant or his or her successor in interest of his or her findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than 30 calendar days, may result in legal action to enforce compliance, termination or modification of the agreement.
C.
It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with the agreement to the Director’s satisfaction at the time of said review. Refusal by the applicant or his or her successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement.
D.
If at the end of the time period established by the Director, the applicant or his or her successor in interest has failed to comply with the terms of this agreement, or alternatively, submitted additional evidence by satisfactorily substantiating such compliance, the Director shall notify the Council of his or her findings recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.
§ 6.112.240 Review of compliance by Council.
A.
Where the Director notifies the Council that his or her findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Council to consider the applicant’s reported failure to comply and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this chapter for initiation and consideration of a development agreement.
B.
If as a result of such hearing the Council finds that the applicant or his or her successor in interest is in violation of a development agreement, it may modify or terminate the agreement.
§ 6.112.250 Coordination of approvals.
A.
Where an application for a development agreement is concurrently filed with an application for a zone change, permit, variance, tentative tract or minor land division and may be feasibly processed together, all public hearings shall be concurrently held.
B.
In instances where the provisions of applicable ordinances would permit the modification of development standards during consideration of such development agreement, such standards may be concurrently considered where modification is requested.