This chapter is adopted pursuant to the authority of Government Code section 65864 through 65869.5.

The purpose of this chapter is to provide assurance to an applicant for a development project that upon approval of the project, the applicant may proceed in accordance with existing policies, rules and regulations; and subject to conditions of approval, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Unless otherwise expressed in this Code, the provisions in this chapter are the exclusive procedures and rules relating to development agreements and, in the event of conflict, these provisions shall prevail over any other provisions throughout this Code.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A development agreement may be initiated by an application of one or more qualified applicants as that term is defined by section 18.37.050.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Application for a development agreement shall be made in writing to the Planning Division on a form prescribed by the Director of Community Development. The application shall include the following data:

1.

A map drawn to scale showing the property for which the development agreement is requested and the property lines for the properties within 300 of the exterior boundary lines of the subject property;

2.

A clear indication of the names of all the streets and of the Assessor's parcel numbers of each parcel shown on the map that is the subject of the agreement;

3.

The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map;

4.

The legal description or other description acceptable to the Director of Community Development of the subject property which must be provided prior to approval from the City Council.

5.

The proposed use or uses, density or intensity of use of the property, the maximum height and size of any proposed buildings, the proposed duration of the agreement, and any proposed reservations or dedications of land for public purposes;

6.

The proposed term of the development agreement.

7.

The developer shall provide a statement justifying the five findings to be made by the City Council as specified in section 18.37.130

B.

In addition to the above information, the Director may require a qualified applicant to submit any additional information and supporting data considered necessary to process the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Only a qualified applicant may file an application pursuant to this chapter. A qualified applicant is a person or entity who (which) has legal or equitable interest in the real property which is the subject of the development agreement. The Director of Community Development may require an applicant to submit proof of the applicant's interest in the real property and of the authority of the agent to act on behalf of the applicant.

(Ord. No. 2020-1059, § 1, 3-23-2020)

For the purpose of defraying the expense involved in connection with an application, the City Council may establish by resolution a schedule of fees. The schedule of fees shall be available at the Planning Division and any fee imposed shall be paid by the applicant at the time of filing the application.

(Ord. No. 2020-1059, § 1, 3-23-2020)

An applicant may withdraw an application filed pursuant to this chapter. Any fee required for processing the application shall not be returnable to the applicant.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The development agreement shall be in a form approved by the City Attorney; it shall specify the duration of the agreement; the permitted uses of the property; the density or intensity of use; the maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

The Director of Community Development shall review the application and shall accept it for filing if it is complete and accurate.

B.

The Director of Community Development shall prepare a staff report and recommendation for the Planning Commission with regard to the proposed agreement.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A development agreement shall be subject to environmental review as required by the California Environmental Quality Act and its implementing regulations.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Director of Community Development shall transmit the application to the Planning Commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in this chapter at section 18.37.150. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

(Ord. No. 2020-1059, § 1, 3-23-2020)

After one or more public hearings have been held by the Planning Commission, it shall render its decision in the form of a written recommendation and report. Such recommendation and report shall be forwarded to the City Council.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Upon receipt of the Planning Commission's recommendation and report, the City Council shall promptly set the matter for public hearing. Notice of the public hearing shall be given as provided in this chapter.

B.

After the City Council completes the public hearing, it may approve, modify or disapprove the development agreement. Matters not previously considered by the Planning Commission during its hearing may, at the discretion of the City Council, be referred back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on such referrals.

C.

The City Council may approve the development agreement only if it finds in writing that the agreement:

1.

That the proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan, any applicable specific plan, and any proposed amendment to the general plan or applicable specific plan submitted simultaneously and in conjunction with the proposed development agreement;

2.

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

3.

That the proposed development agreement is in conformity with public convenience, general welfare, and good land use practice;

4.

That the proposed development agreement will not be detrimental to the public health, safety, and general welfare;

5.

That the proposed development agreement will not adversely affect the orderly development of property or the preservation of property values.

6.

Is consistent with the provisions of Government Code section 65864 through 65869.5.

D.

Unless the development agreement provides otherwise, the rules, regulations and official policies governing the permitted uses of land, density, design, improvement, construction standards, or any one of these shall be those rules, regulations and official policies in force at the date of the agreement as adopted by the City Council.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any approval of the development agreement shall be by ordinance.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Notice of public hearings required by this chapter shall be given as provided in section 65854 and 65856 of the Government Code, in addition to such other notice as may be required for other actions to be considered concurrently with the development agreement.

B.

The failure of any person to receive notice required by law of any hearing as required by this chapter shall not affect the authority of the City to enter into a development agreement.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

A development agreement may be amended or canceled, in whole or in part, by the mutual consent of the parties to the agreement, but only after a notice of intention to amend or cancel has been given and public hearings have been held pursuant to this chapter for the approval of the original development agreement.

B.

The procedures for assignment of a development agreement, in whole or in part, shall be set forth in the development agreement.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Within ten days after the effective date of a development agreement or any modification or the cancellation thereof, the City Clerk shall have the agreement, the modification or cancellation recorded with the County Recorder.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

The Planning Commission shall, not less than once every 12 months from the effective date of the development agreement, review the same for compliance with its terms and conditions.

B.

The Planning Commission shall begin the review proceedings by causing notice of the periodic review of the development agreement to be given to each party to the agreement other than the City and to each party entitled to notice under section 18.37.150. Such mailed notice shall be given at least ten days in advance of the time at which the matter will be considered by the Planning Commission. Said notice shall likewise be given at least ten days prior to any hearing by the City Council.

C.

The Planning Commission shall conduct an investigation as to whether or not there has been good faith compliance, and if it is found that there has not been such compliance. The Planning Commission shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the property owner. The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. 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. 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 may recommend to the City Council that the agreement be modified or terminated.

D.

Upon receipt of a recommendation from the Planning Commission, the City Council shall schedule the matter for public hearing.

E.

If the City Council finds and determines at a public hearing, and on the basis of substantial evidence, that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required. The burden of proof on this issue shall be on the applicant.

F.

If the City Council determines at a public hearing and 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 City Council may modify or terminate the agreement.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Unless otherwise provided by the development agreement, the rules, regulations and official policies of the City which govern permitted uses of land, density, design, improvement and construction standards and specifications, applicable to the development of the property subject to the development agreement, shall be those rules, regulations and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property which is the subject of the development agreement, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the subject property at the time the agreement was executed; nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Ord. No. 2020-1059, § 1, 3-23-2020)