(A)   The purpose of this article is to implement California Government Code §§ 65864 through 65869.5, authorizing government entities to enter into legally binding development agreements with private parties. This article outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of property owners, the Planning Commission and/or the City Council.

   (B)   It is intended that the provisions of this chapter shall be fully consistent and in full compliance with the provisions of the Government Code and shall be so construed. In construing the provisions of any development agreement entered into in compliance with this article, those provisions shall be read to fully effectuate and be consistent with the language of this article, local planning laws, and state law. Should any apparent discrepancies between the meaning of these documents arise, interpretation shall be guided by reference to the following documents in the following order:

      (1)   The plain terms of the development agreement.

      (2)   The provisions of this chapter.

      (3)   Local planning laws, including the General Plan.

      (4)   The provisions of state law.

(Ord. 951, passed 3-16-2004)

   (A)   Any owner of real property may request and apply through the Planning Department to enter into a development agreement. Acceptance of the application is contingent on the following:

      (1)   The status of the applicant, as having a legal or equitable interest in the property, is established to the satisfaction of the Planning Department.

      (2)   The application is made on forms approved by, and contains all information required by, the Planning Department.

   (B)   The Planning Department shall receive, review, and process all applications for development agreements and prepare recommendations for Planning Commission and City Council consideration for all such applications.

   (C)   Processing fees shall be collected for any applications for a development agreement made in compliance with this article. Said fees shall compensate the city for all costs associated with the consideration and processing of the application, including, without limitation, staff time and costs incurred through the use of any outside consultants or attorneys. Additionally, appropriate fees shall be collected for periodic reviews conducted by the Planning Department in compliance with the terms of this article and state law. Said fees shall compensate the city for all costs associated with the periodic reviews including, without limitation, staff time and costs incurred through the use of any outside consultants or attorneys.

   (D)   An application for a development agreement is a "project" which shall comply with the requirements of the California Environmental Quality Act ("CEQA"). The applicant shall compensate the city for all costs associated with CEQA compliance including, without limitation, payment of any environmental consulting fees incurred by the city.

(Ord. 951, passed 3-16-2004)

   (A)   The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendation, for a public hearing before the Planning Commission. Notice of the hearing shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law, California Government Code § 65867. Following the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council that it approve, conditionally approve, or deny the application.

   (B)   Upon receipt of the Planning Commission's recommendation, the City Clerk shall set the applications and written report of the Planning Commission for a public hearing before the City Council. Notice of the hearing shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law, California Government § 65867. Following the conclusion of the public hearing, the City Council shall approve, conditionally approve, or deny the application. Approval of a development agreement shall be accomplished by ordinance, and is a legislative act which is subject to referendum.

(Ord. 951, passed 3-16-2004)

   The City Council may approve or conditionally approve a development agreement only after first making all the following findings:

   (A)   The development agreement would be in the best interest of the city.

   (B)   The development agreement would promote the public interest and welfare of the city.

   (C)   The development agreement is consistent with the general plan and any applicable specific plan.

(Ord. 951, passed 3-16-2004)

   (A)   The city shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective. A development agreement shall not be effective until or unless it is fully executed by the city and the applicant.

   (B)   The provisions of this article shall not be construed to prohibit the Planning Department, Planning Commission, or City Council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

   (C)   A development agreement shall be recorded with the County Recorder no later than ten days after it is executed. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties of the agreement.

(Ord. 951, passed 3-16-2004)

   (A)   Unless otherwise provided by the development agreement, the rules, regulations and official policies governing uses of land, density, design, improvements, 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.

   (B)   The 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 in force at the time of execution of the agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project applciation on the basis of such existing or new rules, regulations, and policies.

(Ord. 951, passed 3-16-2004)

   (A)   Development agreements shall be limited to a period of not to exceed a maximum of ten years from the effective date of the agreement unless the agreement provides for a different time period, in which case the agreement shall prevail. The city may specify in the agreement options to renew the term of the agreement.

   (B)   Development agreements shall be reviewed by the Planning Department at least once every 12 months at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement.

   (C)   The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

   (D)   If the Planning Department review determines that the applicant, or successor in interest thereto are in good faith compliance with the terms of the agreement, no further review is required. If the Planning Department finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms of conditions of the agreement, the Planning Department may recommend, to the Planning Commission and City Council, that the agreement be modified or terminated.

   (E)   If the Planning Department recommends modification or termination of the agreement, a public hearing shall be scheduled before the Planning Commission. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in § 25.247. At such a hearing, the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the Planning Commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is.

   (F)   Upon receipt of the Planning Commission's recommendations, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in § 25.247. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may modify or terminate the agreement.

   (G)   Notwithstanding the above review provisions, a development agreement may, at any time, be amended or cancelled, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest.

(Ord. 951, passed 3-16-2004)

   Development agreements approved by the City Council shall be on file with the City Clerk.

(Ord. 951, passed 3-16-2004)