The provisions of this Chapter shall be known as the Development Agreement adoption procedure. The purposes of this Chapter are to prescribe the procedures for consideration of Development Agreements and, by encouraging appropriate projects, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. This procedure shall apply to projects within the R-2, R-3, and C-1 Zones. (Ord. 2006-7 § 2, 2006.)

An application for a Development Agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property and written authorization, if not the legal owner, from the legal owner of the subject property. The application shall be made on a form prescribed by the City Planning Department and shall be filed with and processed by such Department in the same manner as provided for in Section 19.86.030. The application shall be accompanied by a fee established by Resolution of the City Council, from time to time amended, and by the proposed Development Agreement and any supporting material which shall include, among other matters, the following:

The City Planning Commission shall review the application for the Development Agreement at its next available meeting following a determination by the Planning Department that the application is complete. The applicant shall be given advance notice of the time, date and place of any hearing by the Planning Commission during which the applicant’s application will be considered. The Commission shall determine whether the proposal conforms to the criterion set forth in Section 19.86.050, and may recommend approval or disapproval of the application, or recommend its approval subject to changes in the proposed Development Agreement or conditions of approval, giving consideration to the factors set forth in Section 19.86.060. (Ord. 2006-7 § 2, 2006.)

Upon receiving a recommendation on the application from the Planning Commission, the City Council shall consider the application at its next available meeting. The applicant shall be given advance notice of the time, date and place of any hearing by the City Council during which the applicant’s application will be considered. The Council shall review the recommendation of the Commission and shall determine whether the proposal conforms to the criterion set forth in Section 19.86.050, and may approve or disapprove the proposed Development Agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in Section 19.86.060. If the Council approves the Development Agreement or approves it subject to changes or conditions, it shall do so by ordinance and the agreement shall be effective upon the effective date of the ordinance. (Ord. 2006-7 § 2, 2006.)

A Development Agreement may be approved only if it is found that the proposed project is consistent with the City’s General Plan, Zoning Ordinance and any other applicable land use controls or development policies that have been adopted by the City Council. (Ord. 2006-7 § 2, 2006.)

In reviewing an application for a Development Agreement, the City Planning Commission and the City Council shall give consideration to the status and adequacy of pertinent City-adopted plans, including but not limited to the General Plan; any uncertainty or issues about the affected area which may suggest the necessity of retaining flexibility over future development; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; the provisions, if any, for reservation, dedication, or improvement of land for public purposes; the type and magnitude of the project’s economic benefits to the City, and of its contribution, if any, toward meeting of housing needs; and to any other comparable, relevant factor as determined by the Planning Commission and/or City Council. (Ord. 2006-7 § 2, 2006.)

Within ten (10) days following the effective date of the Development Agreement, the City Clerk shall record with the County Recorder a copy of the fully executed agreement. If the agreement is amended, canceled, or revoked pursuant to Section 19.86.080 or 19.86.090, the City Clerk shall record notice of such action with the Recorder. (Ord. 2006-7 § 2, 2006.)

A Development Agreement shall be enforceable by any party thereto. The interests of the applicant may not be transferred or assigned to a new person without the written consent of the City. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements. (Ord. 2006-7 § 2, 2006.)

Whenever a Development Agreement is proposed for a project which requires additional planned unit development or other special zoning approval, or subdivision approval, the application for the Development Agreement may be included with the application(s) for said approval(s), but shall nonetheless be subject to all the separate procedures and criterion pertaining to review of Development Agreements. (Ord. 2006-7 § 2, 2006.)