The purpose of this chapter is to set forth the contents, procedures, and application requirements for development agreements. These regulations are adopted under the authority of Government Code Sections 65864 through 65869.5. (Ord. 1111, 2018)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. (Ord. 1111, 2018)

Each application shall be prepared on the form established by the City Attorney with such additional alternatives or modifications or changes as may be proposed by the applicant and approved by the City Attorney. (Ord. 1111, 2018)

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. (Ord. 1111, 2018)

The Planning Director shall give public notice of intention to consider adoption of the development agreement in accordance with Chapter 17.460 SMC and as provided below. (Ord. 1111, 2018)

After the hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project including conditional use permits or subdivision maps, 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:

Following notice pursuant to Chapter 17.460 SMC, the City Council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The City Council shall not approve the development agreement unless it adopts the findings contained in SMC 17.440.070 to support its action. (Ord. 1111, 2018)

If the City 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. (Ord. 1111, 2018)

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant, the procedure for proposing and adoption of an amendment to or cancellation, in whole or in part of the development agreement, shall be the same as the procedure for entering into an agreement. Where the City Council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 calendar days’ notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing. (Ord. 1111, 2018)

The Planning Director shall review the development agreement at least once every 12 months from the date the agreement is entered into. The Planning Director shall report the findings of his review to the Planning Commission and City Council. The time for review may be modified by agreement between the parties. (Ord. 1111, 2018)

The Planning Director shall begin the review proceeding by giving notice to the applicant that the City intends to undertake a periodic review of the development agreement. He shall give the notice at least 30 calendar days in advance of the time the matter will be considered by the Planning Commission. (Ord. 1111, 2018)

The Planning Commission shall conduct a public hearing at which time the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant. (Ord. 1111, 2018)

The Planning Commission shall determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the agreement. The Planning Commission shall report its findings of compliance to the City Council in the form of a recommendation. (Ord. 1111, 2018)

The City Council shall conduct a public hearing to review the recommendation of the Planning Commission and to determine for itself based on substantial evidence if the applicant has complied in good faith with the terms and conditions of the agreement. The burden of proof on this issue is upon the applicant.

If the applicant fails to cure the default, the City Council may amend or terminate the agreement. The City Council shall give notice to the applicant of its intention to do so. The notice shall contain:

At the time and place set for the hearing on modification or termination, the applicant shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City 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 City Council is final. (Ord. 1111, 2018)