Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Review Process. The designated approving authority for Development Agreements is the City Council, which shall hold a public hearing prior to taking action. The Planning Commission shall hold a public hearing on the proposed Development Agreement and make a recommendation to the City Council. The City Council approves by ordinance or denies the Development Agreement in accordance with the requirements of this title.

Amendment and Cancellation of Agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the Development Agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the Development Agreement shall be given as provided in Chapter 19.04 (Application Processing).

Recordation. Within 10 days after the City enters into the Development Agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the Development Agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the Development Agreement.

Periodic Review. The Planning Director may, from time to time, review the Development Agreement and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the Development Agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Planning Director finds that any aspect of the development project is not in good faith compliance with the terms of the Development Agreement, the Planning Director may schedule the matter before the appropriate approving authority for review for possible amendment or revocation.

A Development Agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes.

The Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions as well as other discretionary actions taken by the City concurrent with, or applicable to, said project; provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions and concurrent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement overtime.

Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable specific plans.

Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice.

Will not be detrimental to the health, safety, and general welfare of the City.

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