The city council finds and declares that development agreements further the health, safety and welfare interests of the citizens of the city and the interest of developers. Development agreements promote the orderly development of real property within the city by ensuring compliance with the General Plan, zoning and code requirements. Development agreements will further address concerns that ensure adequate infrastructure will be available for any proposed project.

(Ord. No. 934-2015, § 19.46.010, 7-20-2015)

(a)

Authority for adoption. These regulations are adopted under the authority of Government Code §§ 65864 through 65869.5.

(b)

Forms and information.

(1)

The city planner shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation and implementation of development agreements.

(2)

The city planner may require an applicant to submit such information and supporting data as the city planner considers necessary to process the application.

(c)

Fees. The city council shall, by separate resolution, fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations.

(d)

Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The city planner 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. The applicant shall submit original, signed, notarized documents from the property owner identifying the applicant as the authorized agent for proposed project developments and agreements.

(e)

Proposed form of agreement. Each application shall be accompanied by the form of development agreement approved by the city. This requirement may be met by designating the city's standard form of development agreement, or as approved by the city, and including specific proposals for changes in or additions to the language of the standard form.

(f)

Review of application. The city planner shall endorse on the application the date it is received. The city planner shall review the application and may reject it if it is incomplete or inaccurate for processing. If the city planner finds that the application is complete, the city planner shall accept it for filing. The city planner shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, the city planner shall prepare a staff report and recommendation and shall state whether or not the agreement proposed would be consistent with the General Plan and any applicable specific plan.

(Ord. No. 934-2015, § 19.46.020, 7-20-2015)

Notices and hearings for development agreements shall be in accordance with terms as specified pursuant to chapter 19.40, "Notices."

(Ord. No. 934-2015, § 19.46.030, 7-20-2015)

(a)

Determination by planning commission.

(1)

After the public hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination as to whether or not the development agreement proposed:

a.

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

b.

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

c.

Is in conformity with public convenience, general welfare and good land use practice;

d.

Will be detrimental to the health, safety and general welfare; and

e.

Will adversely affect the orderly development of property.

(2)

The recommendation shall include the reasons for the recommendation.

(b)

Decision by city council.

(1)

After the city council completes the public hearing, it may accept, modify or disapprove the recommendation of the planning commission. It shall refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation.

(2)

The city council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.

(3)

Approval of the development agreement. If the city council approves the development agreement, it shall do so by the adoption of a resolution.

(4)

After the resolution approving the development agreement takes effect, the city council may enter into the agreement.

(c)

Approval of the development agreement. If the city council approves the development agreement, it shall do so by the adoption of a resolution. After the resolution approving the development agreement takes effect, the city council may enter into the agreement.

(Ord. No. 934-2015, § 19.46.040, 7-20-2015)

(a)

Initiation of amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. Said amendments to a development agreement, or cancellation of same, shall occur only by mutual consent.

(b)

Procedure. The procedure for proposing an adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into agreement in the first instance. However, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the developer of its intention to initiate such proceedings at least 15 days in advance of the giving of notice or intention to consider the amendment or cancellation required by section 19.46.030.

(Ord. No. 934-2015, § 19.46.050, 7-20-2015)

(a)

Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

(b)

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code § 68868, or if the city terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Ord. No. 934-2015, § 19.46.060, 7-20-2015)

(a)

Time for and initiation of review. The city may review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the planning commission;

(3)

Affirmative vote of at least three members of the city council.

(b)

Notice of periodic review. The city planner may initiate the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the developer. The city planner shall give the notice at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(c)

Delegation to the city planner. Review shall be conducted by the city planner.

(d)

Public hearing. The planning commission may conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the developer.

(e)

Findings upon public hearing. The planning commission shall determine, upon the basis of substantial evidence, whether or not the developer has, for the period under review, complied in good faith with the terms and condition of the agreement.

(f)

Procedure upon findings.

(1)

If the planning commission finds and determines, on the basis of substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be published and mailed as provided in section 19.46.030.

(2)

If the planning commission finds and determines, on the basis of substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission shall forward its recommendation to the city council and the city council may modify or terminate the agreement.

(Ord. No. 934-2015, § 19.46.070, 7-20-2015)

(a)

Proceedings upon modification or termination.

(1)

If, upon a finding under section 19.46.070, the city determines to proceed with modification or termination of the agreement, the city shall give notice to the developer of its intention to do so. The notice shall contain:

a.

The time and place of the public hearing, which shall be conducted by the city council;

b.

A statement as to the proposed action to either terminate or modify the development agreement; and

c.

Other information which the city considers necessary to inform the developer of the nature of the proceeding.

(2)

The proceeding shall be conducted in compliance with chapter 19.40 entitled "Notices." Nothing in this section shall prevent a request by the developer for modification or termination of the development agreement. However, said proceedings shall also be conducted in compliance with this section.

(b)

Hearing on modification or termination. At the time and place set for the public hearing on modification or termination, the developer shall be given an opportunity to be heard. If the request for modification or termination is received from the developer, the city council may refer the matter back to the planning commission for review and written recommendation. The city council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council is final.

(Ord. No. 934-2015, § 19.46.080, 7-20-2015)