This chapter is enacted pursuant to Article 2.5 of Chapter 4 of Title 7 of the California Government Code (beginning at Section 65864) ("Development Agreement Law") to provide a means for the city and property owners and other interested parties to execute agreements on proposed plans of development for specific property. This chapter is designed to achieve the following purposes:

A.

To achieve consistency with the general plan and any applicable specific plan.

B.

To contribute to strengthening the planning process.

C.

To encourage private participation in the planning process.

D.

To reduce the economic costs of development to the public.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

The city may enter into a development agreement, as provided for in this chapter, with any person having a legal or equitable interest in real property within the city for the development of such property. For the purposes of this chapter, the parties to the development agreement will include their successors in interest.

B.

Development agreements, as described in this chapter, are governed by all applicable federal and state laws and regulations, including but not limited to the Development Agreement Law, as well as the provisions of this Code.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

Application for a development agreement must be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Applications must be filed with the department of community development on forms provided by the department. Applications must be accompanied by a filing fee, as established by resolution of the city council, as well as a proposed form of the development agreement, if any, as specified in Section 17.82.040.

B.

The applicant will be responsible for the costs of all staff time, including legal fees, incurred in processing the application, drafting the development agreement, preparing the requisite ordinance for approval, and if approved, the costs of periodic review of the development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

Each application must be accompanied by the form of development agreement proposed by the applicant unless the city manager, in consultation with the director of community development and city attorney, determines to provide the applicant with the form of a development agreement. The applicant may choose to use the form provided by the city and include specific proposals for changes in or additions to the language of the city's form.

B.

The proposed development agreement must contain all the elements required by Government Code section 65865.2 and may include any other provisions permitted by law, including the financing of necessary public facilities and the provision of sufficient security as approved by the city attorney to ensure provision of such public facilities.

C.

The proposed development agreement must also include the following:

1.

A legal description of the affected property, a listing of property owners, and if different, the proposed parties to the development agreement.

2.

A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the development agreement and those that may vary.

3.

An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project.

4.

The special conditions, if any, to be imposed.

5.

The timing of the development project.

6.

A statement of the relationship to any applicable specific plan and to the general plan.

7.

A statement of any density bonus sought under Chapter 17.76.

8.

A statement of any bonus level development sought in exchange for community amenities or benefits to be provided under Chapter 17.30.

9.

A provision prohibiting and waiving any claim for damages against city arising from any breach of the development agreement, and providing that specific performance is the exclusive remedy for any such breach.

10.

Other items specific to the project proposal, as determined by the city attorney or director of community development.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

After determining that the application is complete, the director of community development will conduct a review of the proposed development agreement. Thereafter, the director will prepare a staff report and recommendation and set the matter for public hearing by the planning commission.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

The planning commission will hold a public hearing on each application for a development agreement at the time and place set for such hearing. Notice of intention to consider recommendation of a development agreement will be given as provided for in Government Code sections 65090 through 65094, inclusive, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. If and when state law prescribes a different notice requirement, notice will be given in that manner. The planning commission may continue such hearing to a time, date and place certain. After the hearing, the planning commission will recommend to the city council approval, approval with modifications, or denial of the proposed development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

Upon receipt by the city council of the recommendation of the planning commission on an application for a development agreement, the city clerk will set the matter for public hearing by the city council. Notice of the public hearing will be given as provided in Government Code sections 65090 through 65094, inclusive, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.

B.

After the hearing, the city council may approve, modify or deny the development agreement. The city council may refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission need not hold a public hearing on matters referred back to it by the city council.

C.

The city council may not approve the development agreement unless it finds that the agreement:

1.

Is consistent with the general plan, any applicable specific plan, and any applicable zoning ordinance(s);

2.

Conforms with public convenience, general welfare and good land-use practices;

3.

Will not be detrimental to the health, safety and general welfare;

4.

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

5.

Is consistent with the Development Agreement Law;

6.

Is consistent with all applicable provisions of Title 17 of this Code; and

7.

Will result in the provision of economic, environmental, recreational, cultural or social benefits to the city that would not be attainable without approval of the development agreement.

D.

Development agreements will be approved by ordinance, which will be adopted by the city council concurrent with or subsequent to the developer's execution of the development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to the development agreement. Notice of intention to amend or terminate a development agreement will be subject to Sections 17.82.060 and 17.82.070 of this chapter. Amendment of the development agreement will be made by ordinance adopted by the city council.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

No later than ten days after the effective date of the ordinance approving the development agreement, or any amendment or termination of the development agreement, is approved by the city council, the city clerk will record a copy of the development agreement, amendment or termination, as applicable with the county recorder.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

The city council will review the development agreement every twelve months from the date the agreement is executed.

B.

The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:

1.

Recommendation of the director of community development;

2.

Resolution of intention by the planning commission;

3.

Resolution of intention by the city council.

C.

The director of community development will begin the proceeding by giving written notice that the city council intends to undertake a periodic review of the development agreement to the property owner, and if different, the party to the development agreement. The director of community development will give the notice at least ten days in advance of the date when the matter will be considered by the city council.

D.

The city council may refer the matter to the planning commission for review and recommendation in accordance with the procedures set forth in Section 17.82.110.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

At the public review hearing, the party to the development agreement must demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue is on the party to the development agreement.

B.

The city council will determine on the basis of substantial evidence whether the party to the development agreement has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

C.

If the city council finds and determines on the basis of substantial evidence that the party to the development agreement has complied in good faith with the terms and conditions of the development agreement during the period under review, no other action is necessary.

D.

If the city council finds and determines on the basis of substantial evidence that the party to the development agreement has not complied in good faith with the terms and conditions of the development agreement during the period under review, the city council may initiate proceedings to modify or terminate the development agreement.

E.

If upon a finding under Section 17.82.110(D) the city council determines to modify or terminate the development agreement, the city council will give notice to the party to the development agreement, and if different, the property owner, of its intention to do so. The notice will state:

1.

The time and place of the hearing;

2.

A statement as to whether the city council proposes to terminate or to modify the development agreement;

3.

Other information that the city council considers necessary to inform the party to the development agreement/property owner of the nature of the proceedings.

Such notice may be given at the conclusion of the hearing held according to this section.

F.

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

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

Approval and construction of a portion or phase of a development pursuant to the development agreement will not vest any rights to construct the remainder or any other portion of the development, or create any vested rights to the approval of the agreement if the development agreement is terminated as provided in this chapter.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)