The city council of the city finds and declares that:

A.

Lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of the development to the consumer, and discourage investment in and commitment to comprehensive planning necessary for the maximum utilization of resources at the least cost to the city.

B.

Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

C.

The State Legislature has enabled cities and counties to enter into development agreements to provide these assurances under certain limited circumstances. The ordinance codified in this chapter is enacted pursuant to California Government Code Section 65865.

(Ord. 1121 (part), 1990)

A.

Application. The process for the consideration of a development agreement shall be initiated upon the filing of an application by or on behalf of the property owner or other person having a legal or equitable interest in real property located within the municipal boundaries of the city, or in a real property located in unincorporated territory within the sphere of influence for the city. Application forms shall be provided by the planning division. The application for consideration of a proposed development agreement shall be accompanied by a copy of the proposed development agreement containing all of the provisions established by this chapter, and the applicant shall provide such other information with respect to the proposed project as may be required by the city.

B.

Fees. At the time of filing an application for consideration of a development agreement, the applicant shall pay a processing fee in the amount prescribed by resolution of the city council.

(Ord. 1234 (part), 1995: Ord. 1121 (part), 1990)

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 provisions for reservation or dedication of land for public purposes if any reservation or dedication is required by the city. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary action shall not prevent development of the land for the uses to the density or intensity of development set forth in the agreement. The development agreement may contain such other provisions as may be considered necessary or proper by the city council to further legitimate city interest or to protect the public health, safety and welfare so long as such terms are not inconsistent with the provisions of state law relating to development agreements, nor inconsistent with the ordinances, policies, plans or resolutions of the city.

(Ord. 1121 (part), 1990)

Public hearings on an application for a development agreement shall be held by the planning commission and then by the city council. Notice of intention to consider the adoption of a development agreement shall be given in the manner provided by Section 65867 of the California Government Code, in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement.

(Ord. 1121 (part), 1990)

A development agreement shall be approved by ordinance of the city council, and shall not be approved unless the city council finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the city which govern permitted uses of land, and density of development, and the design, improvement and construction standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinances, rules, plans and policies in force at the time of execution of the agreement. A development agreement shall not prevent the city from taking subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies to the property are set forth in the agreement, 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.

(Ord. 1121 (part), 1990)

A.

Development agreements shall be used only after careful consideration of the planning commission and city council, since they can limit the authority of future city councils to react to changed conditions.

B.

A development agreement may be amended or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by the Section 65867 of the California Government Code. An amendment to a development agreement shall be made by ordinance of the city council, and shall not be approved unless the city council finds that the provisions of the amended agreement are consistent with the general plans and applicable specific plans in effect at the time of proposed amendment.

C.

In the event that state or federal laws or regulations, enacted after the development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. 1121 (part), 1990)

The city council shall periodically review the development agreement and activity conducted pursuant thereto to determine if the applicant or successor in interest has complied with the terms of the agreement. This review shall be conducted at least once every twelve months from the date on which the agreement is executed. At the time of such review, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the applicant or successor in interest. If, as a result of such periodic review, the city council 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 or conditions of the agreement, the city council may terminate or modify the agreement subject to the provisions of Section 18.79.060.

(Ord. 1121 (part), 1990)

Within ten days after the effective date of a development agreement, or any modification or cancellation thereof, the city clerk shall record a copy of the agreement, or any modification or cancellation thereof, in the office of the county recorder for the county of San Bernardino. From and after the time of such recordation, the agreement shall impact such notice thereof to all persons as is afforded by the recording laws of the state of California. 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 to the agreement.

(Ord. 1121 (part), 1990)

The city council declares that, should any section, paragraph, sentence or word of the ordinance codified in this chapter be declared for any reason to be held invalid, it is the intent of the city council that it would have passed and adopted all other portions of the ordinance codified in this chapter independent of the elimination therefrom of any such portion as may be declared invalid.

(Ord. 1121 (part), 1990)