A.

Definition. See Chapter 9.280.

B.

Procedures. All discretionary applications shall be evaluated in compliance with CEQA, the CEQA Guidelines, and the city's environmental review procedures to determine the proposal's potential impacts.

(Ord. 550 § 1, 2016; Ord. 538 § 11, 2016; Ord. 284 § 1, 1996)

A.

Purpose. A development agreement is a legislative action by the city council to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section.

B.

Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65864 et seq., of the State Government Code and that such provisions shall be so construed.

C.

Review Procedures.

1.

Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information:

a.

Duration of the agreement;

b.

The permitted uses of the property;

c.

The density or intensity of use of the property;

d.

The maximum height and size of proposed buildings;

e.

Provisions for reservation of dedication of land for public purposes;

f.

Fiscal impact statement to include revenue generated to the city and benefits received by the developer;

g.

Phasing and project completion date;

h.

Consistency with the general plan and any applicable specific plan.

In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application.

2.

Fees. The city council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the city council for affordable housing that is in conformance with the general plan.

3.

Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person.

4.

Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the city at a pre-proposal meeting. This requirement may be met by using the city's standard development agreement form and including specific proposals for changes in or additions to the language of the standard form.

5.

Review and Filing of Application. The director shall endorse on the application the date it is received. The director shall review the application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the general plan or any applicable specific plan. Before processing the application the director shall obtain the opinion of the city attorney as to sufficiency of the applicant's interest in the real property to enter into agreement.

6.

Notice of Intention. Upon completion of the staff report required by subsection (C)(5) of this section, in addition to any other notice required by law, the director shall give notice of intention to consider adoption of a development agreement. The notice shall contain:

a.

The time and place of the public hearing;

b.

A general explanation of the development agreement, including a general description of the property proposed to be developed;

c.

Other information that the director considers necessary or desirable.

7.

Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section 9.200.100 of this code.

8.

Hearing and Recommendation of Planning Commission. The planning commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The planning commission shall make its recommendation to the city council in writing within thirty (30) days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement:

a.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

b.

Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located;

c.

Is in conformity with the public necessity, public convenience, general welfare and good land use practices;

d.

Will be detrimental to the health, safety and general welfare;

e.

Will adversely affect the orderly development of property or the preservation of property values;

f.

Will have a positive fiscal impact on the city.

9.

Hearing by City Council. After the recommendation of the planning commission or after the expiration of the time period specified in subsection (C)(8) of this section, the director shall give notice of a public hearing before the city council in the manner provided for in subsections (C)(6) and (7) of this section.

10.

Decision by City Council.

a.

After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall not be required to hold a public hearing on matters referred back to it by the city council.

b.

The development agreement may not be approved unless the city council finds that the development agreement is consistent with the general plan and any applicable specific plan.

11.

Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the city manager.

12.

Amendment and Cancellation.

a.

Either the city or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.

b.

The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.

c.

Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the planning commission without a noticed public hearing so long as the planning commission holds a properly noticed public hearing in connection with a proposed general plan amendment and/or zone change for such property. Upon consideration of the proposed amendment and written recommendation to the city council by the planning commission, the city council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement.

d.

Except as expressly set forth herein, each and every provision of this section concerning the procedures for processing and approval of development agreements remains in full force and effect.

e.

Except as provided for in subsection (C)(14)(c) of this section, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement.

13.

Recordation.

a.

No later than ten (10) days after the city enters into the development agreement, the city clerk shall record with the county recorder a copy of the development agreement.

b.

If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall cause notice of such action to be recorded with the county recorder.

14.

Periodic Review.

a.

The city council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement.

b.

The director shall give the applicant or successor in interest thereto at least thirty (30) days' advance notice of the time at which the city council will review the development agreement.

c.

The city council may refer the matter to the planning commission for further proceedings or for a report and recommendation.

d.

The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement.

e.

If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement.

15.

Modification or Termination.

a.

If, upon a finding under subsection (C)(14)(e) of this section, the city council determines to proceed with modification or termination of the development agreement, the city council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing.

b.

At the time set for the hearing on the modification or termination, the city council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The decision of the city council shall be final.

(Ord. 550 § 1, 2016; Ord. 538 § 11, 2016; Ord. 284 § 1, 1996)