Any person, or his authorized agent, who has legal or equitable interest in the real property which is the subject of the development agreement by submitting a proposed agreement to the director of community development.

(Code 1980, § 20-30.1; Ord. No. 87-45, § 3)

After receiving the required application, the director shall prepare a report and recommendation which shall be presented to the planning commission for review at a duly noticed public hearing as set forth below.

(Code 1980, § 20-30.2; Ord. No. 87-45, § 3)

(a)

The city clerk shall give notice of intention to consider adoption of development agreement prior to consideration of the proposed agreement by the commission.

(b)

The notice of intention to consider adoption of development agreement shall contain:

(1)

The time and place of the hearing;

(2)

A general explanation of the matter to be considered including a general description of the area affected; and

(3)

Other information required by specific provision of these regulations or which the director considers necessary or desirable.

(c)

The notice shall be given by:

(1)

If the agreement does not affect the permitted uses of real property, notice shall be published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency. The notice shall include the information specified in Government Code § 65094. In addition to the notice required by this subsection, the city may give notice of the hearing in any other manner it deems necessary or desirable. Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.

(2)

If the agreement does affect the permitted uses of real property:

a.

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

b.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

c.

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

d.

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

1.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

2.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

3.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (c)(2)a of this section is greater than 1,000, planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

4.

If the notice is mailed or delivered pursuant to subsection (c)(2)d of this section, the notice shall also either be:

(i)

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(ii)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

e.

The notice shall include the information specified in Government Code § 65094.

f.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Code 1980, § 20-30.3; Ord. No. 87-45, § 3)

State Law reference— Similar provisions, Government Code §§ 65090, 65091, 65867.

(a)

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code § 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(b)

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicial or that injury was done if error is shown.

(Code 1980, § 20-30.4; Ord. No. 87-45, § 3)

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. 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 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 over time.

(Code 1980, § 20-30.5; Ord. No. 87-45, § 3)

State Law reference— Similar provisions, Government Code § 65865.2.

Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, 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 as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Code 1980, § 20-30.6; Ord. No. 87-45, § 3)

At the conclusion of the hearing the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether or not the development agreement proposed is:

(1)

Consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

(2)

Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(3)

In conformity with public convenience, general welfare and good land use practice;

(4)

Detrimental to the health, safety and general welfare; and

(5)

Adversely affecting the orderly development of property or the preservation of property values.

(Code 1980, § 20-30.7; Ord. No. 87-45, § 3)

(a)

The council shall conduct a duly noticed public hearing to consider the planning commission's recommendations. The hearing shall be called and conducted in the same manner as the commission hearing is called and conducted.

(b)

After the hearing, the council may accept, modify or disapprove the recommendation of the planning commission. The council may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the council.

(c)

The council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

(d)

If the council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the city may enter into the agreement.

(Code 1980, § 20-30.8; Ord. No. 87-45, § 3)

(a)

Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

(b)

If the parties to the agreement of their successors in interest amend or cancel the agreement as provided in Government Code § 65868, or if the city terminates or modifies the agreement as provided in Government Code § 65868, or if the city terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Code 1980, § 20-30.9; Ord. No. 87-45, § 3)

(a)

The city shall review the development agreement at least every 12 months from the date of the agreement. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the planning commission; and

(3)

Affirmative vote of at least three members of the council.

(b)

The city clerk shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The clerk shall give the notice at least 30 days in advance of the time at which the matter will be considered by the commission.

(c)

The commission shall conduct a duly noticed public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. The commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(d)

If the city finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the city finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the city may modify or terminate the agreement.

(e)

The property owner may appeal a determination pursuant to this section to the council in accordance with the city's rules for consideration of appeals.

(Code 1980, § 20-30.10; Ord. No. 87-45, § 3)

(a)

If the city determines to proceed with modification or termination of the agreement, the city shall give notice to the property owner of its intention so to do. The notice shall contain:

(1)

The time and place of the hearing;

(2)

A statement as to whether or not the city proposes to terminate or to modify the development agreement; and

(3)

Other information which the city considers necessary to inform the property owner of the nature of the proceeding.

(b)

At the time and place set for hearing on modification or termination, the property owner shall be given an opportunity to be heard. The council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the council is final.

(Code 1980, § 20-30.11; Ord. No. 87-45, § 3)