This Chapter establishes procedures and requirements for consideration of development agreements. The purpose of this Chapter is to recognize that major, multi-phased development projects may require the developer to commit a substantial investment in "up front" costs and that some assurances that changing regulations will not adversely affect the entitlements of the project may be necessary to justify the "up front" costs. the purpose of this Chapter is also to recognize that the Town has an interest in assuring that large scale, long-term projects are implemented as approved. development agreements may provide the mechanism to provide needed stability for such projects. these provisions are adopted under the authority of Title 7, Division 1, Chapter 4, Article 2.5 of the California Government Code (commencing at Section 65864). The findings and purposes as set forth in California Government Code Section 65865 are the findings and purposes of this Section.

A.

Only a property owner or other person having a legal or equitable interest in the real property which is the subject of the development agreement may file an application to enter into a development agreement.

B.

A public hearing for an application for a development agreement shall be held by the Commission and the Council as prescribed in Chapter 9.13, Public Hearing and Notice, of this code.

C.

The Commission shall recommend in writing to the Council whether the development agreement proposed is:

1.

Consistent with the objectives, policies, land uses and programs specified in the General Plan and any applicable specific plan;

2.

Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and

3.

Beneficial to the public health, safety and welfare.

D.

Decision of the Town Council

1.

The Council may approve, modify or deny the recommendation of the Commission. Matters not previously considered by the Commission may be referred back to the Commission for report and recommendation. The Commission may, but need not, hold a public hearing on matters referred back to it by the Council. Failure of the Commission to respond to a Council referral within forty (40) days shall constitute a recommendation for approval.

2.

The Council may not approve the development agreement unless it finds that the provisions of the agreement are: (1) consistent with the General Plan or any applicable specific plan; (2) compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located; and (3) not detrimental to the public health, safety and welfare.

If the Council approves a development agreement, it shall do so by the adoption of an ordinance. Such approval is a legislative act and such ordinance is subject to referendum. After the ordinance approving the development agreement takes effect and entry therein is allowed thereunder, the Town may enter into the development agreement by signature of the Mayor.

A.

Either party (or successors in interest thereof) may initiate an amendment to, or cancellation in whole or in part of, a previously executed development agreement.

B.

The procedure for initiating and adopting an amendment to, or a cancellation in whole or in part of, the development agreement is the same as the procedure for entering into the original agreement.

C.

A development agreement, after notice and public hearing, may be amended or canceled in whole or in part by mutual consent of the parties to the development agreement or their successors in interest.

D.

Amendment of a development agreement is a legislative act and must be approved by ordinance, which ordinance is subject to referendum.

A.

The applicant shall present to the Director the written consent to the development agreement of all parties having record ownership interest in the real property which is the subject of the development agreement, prior to the approval of the agreement by the Town Council.

B.

No later than ten (10) days after the Town enters into the development agreement, the Town Clerk shall record with the County Recorder a copy of the development agreement. which shall describe the land subject thereto.

C.

If the parties to the agreement (or their successors in interest) amend or cancel the agreement, as provided in California Government Code Section 65868, or if the Council terminates, or modifies the agreement as provided in Government Code Section 65865.1, the Town Clerk shall record the appropriate document with the County Recorder. in the manner prescribed by State law.

A.

The Town shall review the development agreement every twelve (12) months from the date the agreement is entered into.

B.

The Director shall initiate the review proceeding by giving notice, as provided by subsection 9.04.020.B of this Chapter, that the Town intends to undertake a periodic review of the development agreement. and shall prepare a staff report and recommendation.

C.

The Director shall determine whether the property owner and/or applicant has demonstrated good faith compliance with the terms and conditions of the development agreement.

D.

If the Director finds and determines, on the basis of substantial evidence, that the property owner has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.

E.

If the Director finds and determines, on the basis of substantial evidence, that the property owner has not complied in good faith with any one or more of the terms or conditions of the development agreement, during the period under review:

1.

The Town may initiate proceedings to modify or terminate the agreement or undertake other enforcement action as deemed appropriate.

2.

Such periodic review will end when all the terms and conditions have been completed as found and determined necessary by the Commission and Council after public hearings.

A.

A development agreement or portions thereof may be modified or terminated upon a finding of noncompliance under subsection 9.04.060.E of this Chapter. In the event that State or Federal laws enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreements shall be modified or suspended as deemed necessary by the Council, on a recommendation by the Commission, to enforce compliance by the property owner with such subsequently enacted State or Federal laws or regulations. If such proceedings are initiated, notice shall be given as prescribed by this Code and applicable State law.

B.

At the time and place set for the public hearing on modification, suspension, or termination of the development agreement, the property owner and the public shall be given an opportunity to be heard. The finding of noncompliance under subsection 9.04.060.E of this Chapter shall be deemed final and not subject to reconsideration at this hearing. The issue at this hearing shall be whether termination, suspension or modification is warranted, and if so, in what respects. The Council may impose those conditions to the action it takes as it deems to be in the best interest of the Town.