Procedures. This chapter provides procedures and requirements for the review, approval and amendment of development agreements.

State Law. The provisions of this chapter are consistent with the provisions of state law governing development agreements (Article 2.5 of Section 4 of Chapter 1 of Title 7, commencing with Government Code Section 65864).

Initiation. Consideration of a development agreement may be initiated by:

Fully Effectuate. In construing the provisions of any development agreement executed in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of Chapters 21.32. through 21.50 of this title, state law cited above and the agreement itself.

Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:

Application Requirements. An owner of real property may request and apply through the director to enter into a development agreement provided the following:

Director. The director shall receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

Processing and Review Fees.

Content of Development Agreement.

Notice and Public Hearings.

Effective Date. The city shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with subsection (e) of Section 21.38.040 of this chapter, becomes effective.

Mutual Consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.

Conditioning Approval. The provisions of this chapter shall not be construed to prohibit the director, commission or council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

Recordation. A development agreement shall be recorded with the county recorder no later than ten days after it is executed, in compliance with state law.

Periodic Reviews Required.

Purpose of Review.

Compliance with the Terms or Conditions. If the commission finds, on the basis of substantial evidence, that the applicant/contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the commission may recommend to the council that it order, after a noticed public hearing in compliance with Section 21.58 (Public Hearings) of this title, the agreement to be terminated or modified.

Amendments or Cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successor(s)-in-interest.

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

Rules, Regulations and Policies. 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 agreement.

Applying New Policies, Regulations, and Rules. Unless specifically provided for in the development agreement, the agreement does 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 under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving a subsequent development project application on the basis of existing or new policies, regulations and rules.