An applicant for a development project may request that the City review the application as a development agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this section, State law controls.

A.

Application Requirements. An applicant must submit an application for a development agreement on a form prescribed by the Director, accompanied by the required fees. The Director must identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary for environmental review and to process the application. In addition to any other information that the Director requires, each application for a development agreement must be accompanied by the general terms and conditions of the agreement proposed by the applicant and must include the contents required in subsection B below.

B.

Contents of Development Agreements.

1.

Required Contents. A development agreement must specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It must contain provisions concerning its transferability.

2.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

3.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

4.

Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any Mitigated Negative Declaration or Final Environmental Impact Report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

5.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction be commenced within a specified time, and that the project or any phase thereof be completed within a specified time.

6.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

7.

Indemnity. A development agreement must contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

8.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

C.

Initial Review of Application. The Director will review each application to determine whether it is complete. If the application is found to be incomplete, the Director will reject the application and will inform the applicant of the items necessary to properly complete the application. If the application is complete, the Director will determine whether an environmental review is required for the project, in compliance with applicable State and local requirements.

D.

Negotiations. The Director must negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the City Council.

E.

Recommendation by Director. The Director must make his/her recommendation in writing to the City Council. The recommendation must include the Director's determination and supporting reasoning whether or not the proposed development agreement satisfies the findings specified in Section 15.04.811.060 (Findings and Decision).