In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the California legislature adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective is to provide assurances that, upon approval of the project, the applicant may proceed in accordance with existing policies, rules, and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for development agreements consistent with state law.

An applicant may propose that the city consider entering into a development agreement pursuant to Title 7, Chapter 4 of the Government Code by filing an application with the community development department. The application shall be accompanied by the following:

City staff shall not begin to negotiate with the applicant until authorized by the city council following completion of the pre-application process as set forth below:

Unless the project is categorically exempt, the department shall undertake environmental review and, upon completion of such review, transmit the application, together with the department's recommendations, to the planning commission.

Upon receipt of an application, the planning commission shall schedule a public hearing to determine whether the proposal conforms to the general plan, and determine the environmental clearance. The planning commission hearing shall be scheduled within six months following city council authorization to staff to negotiate with the applicant unless the city and the applicant mutually agree to a later date.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

After the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. The commission shall transmit its recommendation to the city council within thirty calendar days.

Unless otherwise provided by the development agreement, rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, 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. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement.

Any development agreement may be amended or canceled, in whole or in part, by mutual consent of the applicant (or its successor in interest) and the city, or it may be modified or terminated pursuant to the provisions of Section 17.34.080. Notice of intention to take any such action shall be given in the manner provided by Section 17.34.050; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5.

The community development director shall prepare and adopt such application forms, checklists, and other documents as considered necessary and desirable to implement these procedures and requirements.