2009-49 Addition of Chapter 9.75 Development Agreements ORDINANCE NO. 2009-49
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADDING CHAPTER
9.75 TO THE MENIFEE MUNICIPAL CODE PROVIDING FOR DEVELOPMENT
AGREEMENTS
The City Council of the City of Menifee does ordain as follows:
Section 1. Chapter 9.75 is added to the Menifee Municipal Code to read as follows:
CHAPTER 9.75— DEVELOPMENT AGREEMENTS
Section
9.75.010 General Provisions
9.75.020 Application.
9.75.030 Fees.
9.75.040 Review of Application.
9.75.050 Contents of Development Agreement.
9.75.060 Planning Commission Review.
9.75.070 City Counsel Review.
9.75.080 Findings,
9.75.090 Ordinance Required.
9.75.100 Recording. -
9.75.110 Amendment or Cancellation.
9.75.120 Annual Review; Non-Compliance.
9.75.130 Applicable Laws.
9.75.010 General Provisions.
(a) This Chapter is adopted under the authority of Government Code Sections 65864
through 65869.5.
(b) The purpose of this Chapter is to establish rules and regulations for the processing of
development agreements as of the date of the agreement and thus create certainty in
development.
(c) Development agreements may be utilized to support and stimulate development,
including but not limited to pre-annexation agreements and density transfers.
9.75.020 Application.
(a) The Community Development Director shall prescribe the form of information,
data applications, notice and documents provided for or required under this Chapter for the
preparation, processing and implementation of development agreements.
(b) The application may be accompanied by a proposed development
agreement and must contain the following information: the applicant and its interest in the
property, a description of the project proposed (and those not covered by the agreement);
approvals and permits needed, duration of the agreement, special circumstances or requests.
Ordinance No. 2009-49
Development Agreements
(c)_ A "qualified applicant" may file an application to enter into a development
agreement with the City. A "qualified applicant" is a person who has a legal or equitable interest
in the real property which is to be the subject of the development agreement. "Qualified
applicant' includes an authorized agent. The Community Development Director shall require an
applicant to submit proof of this interest in the real property and of the authority of the agent to
act for the applicant.
9.75.030 Fees.
The City Council by resolution shall fix the schedule of fees and charges for the filing
and processing of each application, review, and document provided for or required under this
chapter.
9.75.040 Review of Application.
(a) The Community Development Director or his/her designee shall review the
application for completeness. Once complete, the Community Development Director shall
schedule the application for review by the Development Review Committee as defined in
Chapter 9.5 of this Code.
(b) The comments from such review shall be conveyed to staff and to the City
Attorney or her designee for preparation of a development agreement or for any revision to the
development agreement submitted with the application.
(d) Staff shall determine the environmental review required for the project,
specifically at the stage of the development agreement.
9.75.050 Contents of Development Agreement.
(a) A development agreement shall specify its duration, the permitted uses of the
property, the density or intensity of use, the maximum height and size of proposed buildings,
and provision for reservation or dedication of land for public purposes.
(b) A development agreement may also include conditions and requirements for
subsequent discretionary actions, provided that such conditions and requirements for
subsequent discretionary actions shall not prevent development of the land for the uses and to
the density or intensity of development set forth in the development agreement.
(c) The agreement may provide that construction may be commenced within a
specified time and completed within a specified time.
(d) The agreement may also address planning or zoning requirements such as
rezoning, CUPs, conditions of approval, general or specific plans or amendments, formation of
financing or maintenance districts or mitigation projects.
(e) The development agreement that includes a subdivision must provide that any
tentative map for the subdivision shall comply with Govt. Code Section 66473.7.
2
Ordinance No. 2009-49
Development Agreements
(f) The development agreement also may include terms and conditions for applicant
financing of public facilities, reimbursement for such (including oversizing) and consideration for
the agreement.
9.75.060 Planning Commission Review.
(a) The development agreement shall be reviewed and considered by the Planning
Commission at a noticed public hearing.
(b) The hearing shall be noticed as provided in Govt. Code sections 65090 and
65091 and any other notice provisions required by law.
(c) To recommend to the City Council that the Development Agreement be
approved, the Planning Commission must make the same findings as those to be made by the
City Council, specifically including consistency with any general plan or specific plan.
9.75.070 City Council Consideration of Development Agreement.
(a) A development agreement shall be considered at noticed public hearing before
the City Council. At the hearing, the City Council shall consider all of the evidence and public
testimony presented and may approve, disapprove or modify the development agreement.
(b) The hearing shall be noticed under Govt. Code Sections 65090 and 65091 and
any other provisions required by law.
9.75.080 Findings by City Council.
The following findings shall be made by the City Council in order to approve the
proposed development agreement:
(a) The proposed development agreement is consistent with the objectives, policies,
general land uses and programs specified in the general plan and any applicable specific plan.
(b) The proposed development agreement is compatible with the uses authorized in,
and the regulations prescribed for, the zoning district in which the real property is or will be
located.
(c) The proposed development agreement is in conformity with and will promote
public convenience, general welfare and good land use practice.
(d) The proposed development agreement will not be detrimental to the health,
safety and general welfare within the City.
(e) The proposed development agreement will not adversely affect the orderly
development of the property or the preservation of property values.
(f) The proposed development agreement will promote and encourage the
development of the proposed project by providing a greater degree of requisite certainty for the
developer.
3
Ordinance No. 2009-49
Development Agreements
9.75.090 Ordinance Required.
A development agreement shall be adopted or amended only by ordinance. The City
shall be deemed to have entered into the development agreement on the effective date of the
ordinance.
9.75.100 Recording the Development Agreement.
The City Clerk shall record a copy of the development agreement within 10 days after
the effective date of the ordinance.
9.75.110 Amendment or Cancellation of Development Agreement.
A development agreement may be amended or cancelled by mutual consent after
compliance with the notice, hearing and recording requirements of this Chapter and State law
for approval of the development agreement.
9.75.120 Annual Review; Non-Compliance.
(a) The Community Development Director shall review the development agreement
annually in order to ascertain the good faith compliance by the developer with its terms. The
time for review may be modified by the City Council at any time upon reasonable notice to the
developer, and the development agreement may prescribe a procedure, standards and different
times for review of compliance with its terms; provided, however, that a development agreement
shall in any event be reviewed for compliance at least once every 12 months.
(b) If on the basis of substantial evidence, the Community Development Director
finds the developer has not complied in good faith with the terms of the development
agreement, he/she shall specify in writing to the developer the respects in which developer has
failed to comply and a reasonable time for the developer to meet the terms of compliance. If
such areas of noncompliance are not corrected within such reasonable time limits, the
development agreement may be terminated by the same process of notice and hearing as set
out in this Chapter and by State law for approval of a development agreement.
9.75.130 Applicable Laws.
(a) Unless amended, cancelled or otherwise provided in the development agreement
the development approved by the development agreement shall comply with the City's general
plan, specific plan, zoning, subdivision or building regulations in effect on the effective date of
the agreement.
(b) In the event that any state or federal law, regulation, 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 of decision.
4
Ordinance No. 2009-49
Development Agreements
Section 2. Effective Date.
This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this day of 2009 by the following
vote.
AYES:
NOES:
ABSENT:y�uu
ABSTAIN:\,Q YL9--
Wallace W. Edgerton, Muor
Attest:
Kathy Bennett
City Clerk
Approved as to form:
.k- L6�,
Eliza eth Marlyn, City Attorney
5