This chapter establishes procedures and requirements for the review and approval of development agreements consistent with the provisions of State law.

(Ord. 2043 § 1(part), 2004).

A.

Owner's request. An owner of real property may request and apply through the community development department to enter into a development agreement; provided, that:

1.

The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the community development director; and

2.

The application is accompanied by all documents, information, and materials required by the community development department.

B.

Community development director's review. the community development director shall receive, review, process, and prepare recommendations for planning commission and City Council consideration on all applications for development agreements.

C.

Concurrent processing and public hearings. All development related applications shall be processed and scheduled for public hearing concurrently with the application for a development agreement. The City Council shall be the decision-making body for the development agreement and all associated applications.

D.

Fees. The application for approval of a development agreement shall include the processing fee established by the city's schedule of fees and charges. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the community development director in compliance with Section 21.52.070(A) below.

(Ord. 2043 § 1(part), 2004).

A.

Mandatory contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement Contents]).

B.

Permissive contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Government Code Section 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the City Council, including provisions for the payment to the city of monetary consideration.

(Ord. 2043 § 1(part), 2004).

A.

Notice and hearings required.

1.

Public hearings shall be required for the planning commission's recommendation and the City Council's decision on a development agreement application.

2.

The public hearing shall be scheduled once the community development director has determined the application complete.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

4.

The notice shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

B.

Planning commission hearing. Following conclusion of a public hearing, the planning commission shall adopt a resolution and make a written recommendation to the City Council that it approve, conditionally approve, or deny the application with appropriate findings in compliance with Subsection (E) (Required findings), below.

C.

City council hearing.

1.

Upon receipt of the planning commission's recommendation, the city clerk shall set a date for a public hearing before the City Council in compliance with Chapter 21.64 (Public Hearings). Following conclusion of the public hearing, the City Council shall approve, conditionally approve, or deny the application with appropriate findings in compliance with Paragraph (E), (Required findings), below.

2.

If the City Council proposes to adopt a substantial modification to the development agreement not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with State law (Government Code Section 65857).

3.

Failure of the planning commission to report back to the City Council within 40 days after the referral, or within a longer time set by the City Council, shall be deemed a recommendation for approval of the proposed modification.

D.

Adopting ordinance. Should the City Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a development agreement embodying the conditions and terms of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the City Council, in compliance with State law (Government Code Section 65867.5).

E.

Required findings. The ordinance shall contain the following findings and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings. The development agreement:

1.

Is in the best interests of the city, promoting the public interest and welfare;

2.

Is consistent with all applicable provisions of the General Plan and this Zoning Code;

3.

Does not:

a.

Adversely affect the comfort, health, peace, or welfare, or valuation of property, of persons residing or working in the vicinity of the proposed development; or

b.

Endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or general welfare.

4.

Is in compliance with the conditions, requirements, restrictions, and terms of Sections 21.52.030(A) (Mandatory contents) and 21.52.030(B) (Permissive contents), above.

F.

Referendum. The ordinance is subject to referendum in compliance with State law (Government Code Section 65867.5).

(Ord. 2043 § 1(part), 2004).

A.

Effective date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

B.

Agreement deemed withdrawn. If the applicant has not executed the development agreement and returned the executed agreement to the city clerk within 30 days of the effective date of the entitlement, the development agreement application shall be deemed withdrawn. If this occurs, the mayor shall not execute the agreement. The City Council may extend the 30-day period if a written request is filed before the expiration.

C.

Other permits or entitlements. The provisions of this chapter shall not be construed to prohibit the community development director, planning commission, or City Council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

D.

Recordation. A development agreement shall be recorded with the county recorder no later than 10 days after it is executed, in compliance with State law (Government Code Section 65868.5).

(Ord. 2043 § 1(part), 2004).

The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

(Ord. 2043 § 1(part), 2004).

A.

Periodic review. Every development agreement approved and executed in compliance with this chapter shall be subject to periodic review by the community development director during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the contracting party in compliance with Section 21.52.020.D (Fees), above.

B.

Purpose of periodic review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the development agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

C.

Result of periodic review. If, as a result of a periodic review in compliance with this section, the community development director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the development agreement, the community development director shall notify the planning commission which may recommend to the City Council that the development agreement be terminated or modified.

D.

Pubic hearing and notice required. The procedures for the termination or modification hearing shall comply with Section 21.52.040 (Public Hearings), above.

(Ord. 2043 § 1(part), 2004).

A.

Compliance required. A development agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Government Code Section 65868), or as identified in the agreement.

B.

Processed in same manner. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.

(Ord. 2043 § 1(part), 2004).

A.

Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations, and rules in force at the time of execution of the development agreement.

B.

Application of new rules. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the city from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

(Ord. 2043 § 1(part), 2004).

Development agreements approved by the City Council shall be on file with the city clerk.

(Ord. 2043 § 1(part), 2004).