This division is adopted pursuant to the authority of Government Code sections 65864 through 65869.5.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.010, 1979)

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

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.020, 1979)

(a)

Notice of public hearings required by this division shall be given as provided in sections 65854, 65854.5 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 notice requirements referred to in subsection (a) of this section are as required by the laws existing at the time of adoption of the amendatory ordinance codified in this division (Government Code sections 65867, 65854, 65854.5 and 65856). If state law is amended to prescribe a different notice requirement, notice shall be given in that manner.

(c)

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

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.030, 1979)

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 the notice of cancellation recorded with the county recorder.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.040, 1979)

The city clerk shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, modifications or cancellation, to the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.01.050, 1979)

A development agreement may be initiated by:

(1)

An application of one or more qualified applicants as defined in Section 18.82.020;

(2)

By resolution of intention of the city council;

(3)

By resolution of intention of the planning commission.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.010, 1979)

Only a qualified applicant or his authorized agent may file an application pursuant to this division. A "qualified applicant" is a person who (which) has a legal or an equitable interest in the real property which is the subject of the development agreement. Such interest must be such that the applicant has or will have control of the use of the property during the proposed term of the agreement. The planning director may require an applicant to submit proof of his (its) interest in the real property and of the authority of the agent, if any, designated to act for the applicant. The planning director may require an applicant or agent to submit a title report from a reputable title insurance company or other evidence to verify the legal or equitable interest of the applicant in the property.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.015, 1979)

(a)

Application for a development agreement shall be made in writing to the planning department on a form prescribed by the planning commission. The application shall be accompanied by those items specified in Section 18.92.030.

(b)

In addition to the information required by subsection (a) of this section, the planning director may require a qualified applicant to submit such additional information and supporting data as the director considers necessary to process the application.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.020, 1979)

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 in the planning department and on file in the office of the city clerk.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.025, 1979)

An applicant may withdraw an application filed pursuant to this division at any time prior to city council action on the application. Any fee required for processing the application shall not be returned or refunded to the applicant.

(Ord. 415B §1(part), 1982: Ord. 357B §10.02.030, 1979)

(a)

The agreement shall contain all the matters required by Government Code section 65865.2 and such other matters as the city council determines to be appropriate.

(b)

The agreement shall be drafted on paper eight and one-half by 11 inches in size and all attached exhibits shall be of a size to permit recording of the document pursuant to Section 18.80.040.

(c)

The city attorney shall prepare a standard form of agreement which, when adopted by the city council, shall be used as the base document for each development agreement. Changes and additions to the standard form shall be made as individual circumstances dictate. An applicant may suggest modifications to the standard form.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.010, 1979)

(a)

The planning director shall review the application and shall accept it for filing if it is complete and accurate.

(b)

The planning director shall review the application and shall prepare a staff report and recommendation to the planning commission with regard to the proposed agreement.

(c)

The city attorney shall prepare a draft agreement and forward the same to the planning director.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.020, 1979)

The planning director shall transmit the application and the draft agreement 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 Section 18.80.030. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.025, 1979)

After the planning commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The report and recommendation shall include proposed findings on the matters stated in Section 18.84.070.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.03.030, 1979)

Upon receipt of the recommendation and report of the planning commission, the city council shall hold a public hearing. Notice of the public hearing shall be given as provided in Section 18.80.030.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(a), 1979)

After the council has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer matters not previously considered by the planning commission to the planning commission for a report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(b), 1979)

The council shall not approve the development agreement unless it finds that the agreement:

(1)

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

(2)

Is compatible with the uses authorized in and the regulations prescribed for the land use zone(s) in which the real property is located;

(3)

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

(4)

Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;

(5)

Will not adversely affect the orderly development of property or the preservation of property values;

(6)

Is consistent with the provisions of Government Code sections 65864 through 65869.5;

(7)

Satisfies at least one of the findings in Section 15.32.240 of the municipal code.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(c), 1979; Ord. No. 913B, § 7(Exh. E), 6-28-2016)

The agreement may provide that the rules, regulations and official policies governing the permitted uses of land, density, design, and improvement and construction standards, or any one of these, shall be those rules, regulations and official policies in force on the date of execution of the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(d), 1979)

If the city council approves the development agreement, it shall adopt an amendment to this title approving the agreement and directing the mayor to execute the agreement after the effective date of the amendment to this title.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.050, 1979)

(a)

Any party to a development agreement may propose an amendment to or cancellation of the agreement in whole or in part.

(b)

Except as otherwise provided in this section and in Sections 18.86.030 through 18.86.060, the procedure for proposing and adopting an amendment to, or a cancellation in whole or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to or a cancellation in whole or in part of the agreement, the city shall first give written notice to each party, other than the city, who executed the agreement of its intention to initiate such proceedings not less than 30 days in advance of giving public notice of the hearing to consider such amendment or cancellation.

(c)

Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity or use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement and construction standards and specifications, or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.060, 1979)

(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 director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement other than the city. He shall give such notice by mail at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.010, 1979)

(a)

The planning commission shall conduct a public hearing, at which time the party or parties to the agreement, other than the city, must demonstrate good-faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon such party or parties.

(b)

The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement.

(c)

After the public hearing, the planning commission shall render its determination in the form of a written report to the city council. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the commission may include in its report a recommendation for the modification or termination of the agreement.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.04.020, 1979)

The council shall place the report of the commission on its agenda at the second regularly scheduled city council meeting following the planning commission meeting at which the report was made.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(a), 1979)

(a)

If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the council shall accept the report for filing and shall not take any further action unless:

(1)

The council, on its own motion, votes to set the matter for hearing;

(2)

An appeal is filed from the determination of the planning commission pursuant to Section 18.94.050.

(b)

If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review the council shall hold a public hearing to consider the report and recommendation of the commission.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(b), 1979)

Whenever the commission report is scheduled for hearing, notice of such hearing shall be given as provided in Section 18.80.030. Such notice shall provide:

(1)

The time and place of the public hearing;

(2)

A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review;

(3)

A statement that the city council may terminate or modify the agreement at the conclusion of the hearing.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(c), 1979)

At the conclusion of the public hearing, the council may refer the matter to the planning commission for a further report and recommendation or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the council finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the council may terminate the agreement or the council may modify the agreement and impose those conditions which it considers necessary and appropriate to protect the interests of the city. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the council shall be commenced within sixty days from the date upon which a final determination is made as set forth in Section 18.02.060.

(Ord. 415B §1(part), 1982: Ord. 357B §10.04.030(d), 1979)