(a)

This chapter outlines the procedures and requirements for the review and approval of development agreements upon application by, or on behalf of property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance with the provisions of state law (California Government Code, art. 2.5 of ch. 4 of div. 1 of tit. 7, §§ 65864 et seq.), and shall be so construed.

(b)

In construing the provisions of any development agreement entered into pursuant to this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Government Code, art. 2.5 cited above), and the agreement itself. In construing inconsistent provisions of a development agreement, reference shall be made to the following documents, and in the following order:

(1)

The plain terms of the development agreement itself.

(2)

The provisions of this chapter.

(3)

The provisions of state law (Government Code, art. 2.5 cited above).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

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

(1)

The property proposed to be subject to the agreement shall be not less than one acre in size.

(2)

The status of the applicant as an owner of the property is established to the satisfaction of the director.

(3)

The application is made on forms approved and contains all information required by the director.

(4)

The application is accompanied by all other lawfully required documents, materials, and information.

(b)

The director is authorized to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements. The director may call upon all other departments of the city for timely assistance in complying with this chapter.

(c)

Processing fees, as established by resolution of the council, shall be collected for any application for a development agreement made pursuant to the provisions of this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted pursuant to section 9.53.035.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for public hearing before the commission pursuant to chapter 9.56 (Hearings and Appeals). Following conclusion of the public hearing by the commission, the commission shall make a written recommendation to the council that it approve, conditionally approve, or deny the application.

(b)

Upon receipt of the commission's recommendation, the city clerk shall set the application and written report of the commission for public hearing before the council. Following conclusion of the public hearing, the council shall approve, conditionally approve or deny the application.

(c)

Notice of the hearings outlined in subsections (a) and (b) above shall be given in the form of a notice of intention to consider approval of a development agreement as required by state law (Government Code § 65867).

(d)

Should the council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the city manager.

(e)

The ordinance shall contain findings, and the facts supporting them, that the development agreement is consistent with the general plan and with any applicable specific plans and this code, and that the agreement will promote the public interest and welfare of the city.

(f)

The ordinance may be subjected to referendum in the manner provided by state law.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Mandatory contents. A development agreement entered into pursuant to this chapter shall:

(1)

Specify the duration of the agreement.

(2)

Specify the permitted uses for the subject property.

(3)

Specify the density or intensity of the permitted uses.

(4)

Describe the maximum height and size of proposed structures.

(5)

Describe the provisions, if any, for reservation or dedication of land for public purposes.

(6)

Prohibit protection from either a future growth control ordinance or a future increase in development fees.

(7)

Provide for a tiered amendment review procedure that may incorporate the following:

a.

Director sign-off for minor modifications.

b.

Commission sign-off for major modifications.

c.

Approval of major amendments by the council.

(8)

Provide for the possibility of subsequent discovery of health and safety issues such as a "compelling public necessity" (e.g., the discovery of a new environmental health hazard) which would necessitate a reconsideration/ amendment of the previously approved development agreement.

(b)

Permissive contents. A development agreement entered into pursuant to this chapter may include the following:

(1)

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development specified in the agreement.

(2)

Provisions which require that construction be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(3)

Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings.

(4)

Any other terms, conditions and requirements as the council may deem necessary and proper, including, but not limited to, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The city shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, and enacted pursuant to section 9.53.015, becomes effective.

(b)

A development agreement shall be recorded by the developer in the office of the Orange County Recorder no later than ten days after it is executed.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The approval or conditional approval of a development agreement pursuant to this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA), pursuant to chapter 2 (Environmental Quality).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Every development agreement approved and executed pursuant to this chapter shall be subject to annual city review during the term of the agreement.

(b)

The purpose of the annual review shall be to determine whether the applicant/ contracting party or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

(c)

If, as a result of periodic review pursuant to this section, the council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Unless otherwise provided by the development agreement, the rules, regulations and official policies governing permitted uses of the land, density, and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement does 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 under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Pursuant to this chapter, development agreements approved by the council shall be on file with the city clerk.

(Ord. No. 98-193, §§ 1—4, 10-19-98)