Authority and Purpose. The ordinance codified in this Chapter is adopted under the authority of Sections 65864 through 65869.5 of the Government Code. The City recognizes that the lack of certainty in the approval of the development projects (the "projects") results in a waste of resources, escalates the cost of development, and discourages investment in and commitment to comprehensive planning. In order to make the development approval process for projects more certain and to avoid the negative impacts mentioned above, an applicant may enter into a development agreement (the "development agreement") with the City giving assurance to the applicant that the applicant may proceed with the project in accordance with existing policies, rules and regulations. Increased certainty in the development process will encourage private participation in comprehensive planning, strengthen the public planning process, and reduce the economic costs of development.

Discretionary Use of Development Agreements. If is not mandatory that a development agreement be executed for every development. The discretion to submit a development agreement for consideration hereunder may be exercised by the applicant, the Planning Commission or City Council.

Mandatory Provisions. A development agreement shall specify the term of the development agreement, the permitted uses, 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.

Discretionary Provisions. A 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 conflict with the uses, density or intensity of development, design, improvement or construction standards set forth in the development agreement.

Notice of Intention to Consider. Upon receipt of a proposed development agreement, the Planning Director shall give notice of the intention of the Planning Commission to consider adoption of the development agreement.

Public Hearing. The Planning Commission shall set and give notice of a public hearing to be held not more than thirty (30) days following receipt of a proposed development agreement.

Recommendation and Findings. Not later than thirty-five (35) days following completion of the public hearing before the Planning Commission, the Planning Commission shall make a recommendation in writing and transmit that recommendation and the proposed development agreement to the City Council.

Notice of Intention to Consider. Upon receipt by the City Council of the recommendation of the Planning Commission, the City Clerk shall give notice of the intention of the City Council to consider adoption of the development agreement.

Public Hearing. The City Council shall set and give notice of a public hearing to be held at the next meeting of the City Council which follows receipt of the recommendation of the Planning Commission, but in no event more than twenty-two (22) days after receipt by the City Council of the recommendation of the Planning Commission.

Findings. The City Council shall not approve the development agreement unless the City Council finds that the provisions of the development agreement are consistent with the general plan of the City, any applicable specific plan of the City, and any terms and conditions imposed for approval of the project.

Announcement of Findings and Decisions. The City Council shall announce findings and decision on any development agreement not later than forty-five days (45) following receipt of the recommendation of the Planning Commission. Approval of a development agreement shall be by ordinance. The ordinance shall recite the facts and reasons which provide the basis for the approval or disapproval of the development agreement. Not later than ten (10) days following adoption of the ordinance, the City shall forward one copy thereof to the applicant.

Initiation of Amendment or Termination. Either party may propose an amendment to or termination of, in whole or in part, the development agreement. Except as otherwise provided herein, cancellation or amendment shall follow the notice and hearing requirements established by law for the adoption of the development agreement.

Insubstantial Deviations from the Development Agreement. Any insubstantial deviation from the development agreement with respect to the location of buildings, streets and other physical facilities, as determined by the Director of Planning, may be approved by the person or body with authority to approve the plans for such facilities without amending the development agreement.

Amendments Not in Conflict with the Purpose of the Development Agreement. Any amendment to a development agreement which does not relate to permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, terms, restrictions and requirements relating to subsequent discretionary approvals, rate of development, the term of the development agreement, or any condition or covenant relating to the use of the property, shall not require a public hearing before the parties may execute an amendment thereto.

Time for and Initiation of Review. The Planning Director shall review the development agreement annually in order to determine whether there is substantial evidence of good faith compliance with its terms by the property owner or property owner's successor in interest (the "property owner").

Finding of Compliance. If the Planning Director finds substantial evidence of good faith compliance by the property owner with the terms of the development agreement, a certificate of compliance shall be issued. The certificate of compliance shall be in recordable form and may be recorded by property owner in the Official Records of the County of Riverside. The issuance of a certificate of compliance by the Planning Director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

Finding of Non-Compliance. If the Planning Director, on the basis of substantial evidence, finds that the property owner has not complied in good faith with the terms of the development agreement, the Planning Director shall specify in writing to the property owner the respects in which the property owner has failed to comply. The Planning Director also shall specify a reasonable time for the property owner to meet the terms of compliance. If the Planning Director determines that the property owner has met the terms of compliance within the time specified, the Planning Director shall issue a certificate of compliance. If the Planning Director determines that the property owner has not met the terms of compliance within the time specified, the Planning Director shall refer the matter to the Planning Commission, together with a staff report of the preliminary findings of the Planning Director. Upon such referral, the Planning Commission shall conduct a noticed public hearing and shall direct the issuance of a certificate of compliance pursuant to subsection (b) of this Section, or shall make a determination of noncompliance. Any decision of the Planning Commission shall be subject to appeal in accordance with subsection (e) of this Section.

Appeal to the Planning Commission. Any interested person may file an appeal of the issuance of a certificate of compliance to the Planning Commission within ten (10) days after issuance of the certificate. All appeals before the Planning Commission shall be conducted pursuant to a noticed hearing.

Appeal to the City Council. Any interested person, including the property owner, may appeal a decision of the Planning Commission, rendered pursuant to subsection (c) or (d) of this Section, to the City Council within ten (10) days. All appeals before the City Council shall be conducted pursuant to a noticed hearing in the same manner as any other appeal before the City Council, at which evidence shall be taken and findings thereon made.

Standard of Substantial Evidence. The term "substantial evidence," as used herein, shall mean substantial evidence in light of the entire administrative record.

Amendment or Termination Following Default. If the Planning Director or the Planning Commission makes a determination of noncompliance which is not appealed as provided herein, or if the City Council makes a determination of noncompliance, the development agreement shall be terminated; provided that the development agreement may be amended, rather than terminated, if: (1) the matter has been appealed to the City Council; (2) the City Council finds that amendment would further the general purpose of this Chapter and of the development agreement; and (3) the property owner agrees to the amendment. Amendment or termination of a development agreement pursuant to this subsection (g) shall be accomplished by enacting an ordinance. The development agreement shall be terminated, or the amended development agreement shall become effective, on the effective date of the ordinance amending or terminating the development agreement. If the development agreement is terminated, the City and property owner shall promptly execute and acknowledge any documentation to cause the development agreement to be removed from the record.