California Development Agreement Law
One. The City regularly reviews the development contract at least once every 12 months after the city enters into a development contract. 2. The Landkreis shall conclude with the applicant, before the date of the election, the agreement on the question of insertion or annexation or, in the case of annexation without election, in accordance with Article 57075, before the date on which the competent authority orders the annexation. (d) This Section shall not apply to areas covered by a development agreement where that area is integrated and the date of entry into force of communitarisation is 1 January 1987. B. If the planning director or the planning commission finds, at any time during the term of a development contract, on the basis of essential evidence, that the developer has not complied in good faith with the conditions of the development contract and that this non-compliance has not been corrected, the planning director or the planning commission shall request the municipal council to hold a public hearing, in accordance with the provisions of this Chapter; in which the proponent must demonstrate in good faith compliance with the terms of the development contract. The burden of proof of proof of compliance by the developer rests with the developer. If such compliance cannot be demonstrated, either the municipal council initiates a procedure for terminating the planning contract or recommends new conditions to remedy the non-compliance. By affirming that a development contract cannot be adopted on an initiative, the court`s decision confirms that a development contract is a contract that must be negotiated by a local government and a landowner.
The court`s decision in this case is simple, but has a big impact on the developers. The adoption by local legislators of a voter-sponsored initiative has been an important instrument in the developer`s toolbox, as the CEQA does not apply to such an action. In the future, local legislative bodies will still be able to adopt voter-sponsored initiatives to amend a general plan, area by-law or other land-use rules, but no development agreements to transfer these rules. 6. Will it encourage and promote the development of the proposed project by providing a higher level of safety? [Ord. 95-7§ 2; Code 1990 § 12.12.05.] C. The municipal council shall conduct a hearing on the recommendations of the planning director or planning commission, at which the developer and all other interested persons have the right to provide supporting documents and testimony appropriate to the issue of compliance with the conditions of the development contract by the developer in good faith. If, on the basis of substantial evidence, the municipal council finds that the conditions of the urban planning contract are not respected, it may either terminate the planning contract with a period of 60 days against the developer, or allow, at its discretion, that the planning contract continue by imposing new conditions to remedy this non-compliance. .