It is the purpose of this Chapter to establish uniform procedures for the review, approval, and amendment of Development Agreements. A Development Agreement is a contract between the City and an applicant for a development project, in compliance with State law (Government Code Sections 65864 et seq.) A Development Agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided specified public benefits, and the assurance that the applicant will provide the infrastructure and pay the fees required by a new development project.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Application requirements. The Director shall prescribe the form and contents for the applications, notices, and documents provided for or required under the provisions of this Chapter for the preparation and implementation of development agreements.

B.

Fees. The City's Schedule of Service Charges shall include the fees and charges imposed for the filing and processing of each application and document provided for or required by this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006)

Notice of the time and place of a public hearing to consider a Development Agreement shall be given in compliance with State law (Government Code Sections 65854, 65854.5, and 65856).

(§ 5, Ord. 1085, eff. January 6, 2006)

Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a development agreement and shall record the decision and the findings upon which the decision is based. The review authority may approve a development agreement, or an amendment to an agreement, only after first finding that the proposed Development Agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Agreement recorded. Within 10 days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

B.

Notice recorded. If a development agreement is amended, cancelled, or otherwise modified, in compliance with this Chapter, the City Clerk shall have notice of the action recorded with the County Recorder.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Every 12 months. All development agreements shall be reviewed by the Director at least once every 12 months, unless the agreement provides for more frequent reviews.

B.

Information required. At the review provided for in this Section, the applicant shall provide all information required by the Director to demonstrate good faith compliance with the terms of the development agreement.

C.

Referral to Council. If the Director determines that the agreement should be modified or terminated, the matter shall be referred to the Council for its determination.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Agreement may be amended or cancelled. Any Development Agreement may be amended or cancelled by the mutual consent of the applicant and the Council.

B.

Committee to recommend regulations for negotiation. If an applicant is requesting a Development Agreement Modification in order to incorporate new more favorable regulations, policies or procedures of the SVMC, the City may also request that other new regulations apply to the project. A committee shall be appointed by the Director and the City Engineer to identify which regulations may be applicable to the project. The committee shall forward a listing of recommended regulations, for negotiation purposes, to the City Manager within 30 days of receipt of the Development Agreement Modification application.

C.

Council may modify or terminate agreement. The Council may modify or terminate a Development Agreement based upon substantial evidence that the applicant, or successor(s)-in-interest, has not complied in good faith with the terms or conditions of the agreement. The decision of the Council shall be final.

D.

Change in State or Federal laws. In the event State or Federal laws or regulations enacted after a Development Agreement has been entered into prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the agreement shall be modified or suspended as may be necessary to comply with the State or Federal laws or regulations.

E.

Official policies, regulations, and rules.

1.

Unless otherwise provided by the Development Agreement, the official policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a Development Agreement shall be those official policies, regulations, and rules in force at the time of execution of the agreement.

2.

In compliance with State law (Government Code Section 65866), a Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property as contained in this Section.

3.

Furthermore, a Development Agreement shall not prevent the City from disapproving or conditionally approving any subsequent development project application on the basis of existing or new policies, regulations and rules.

F.

Application of newly adopted standards. Application of standards adopted following the effective date of the Development Agreement shall require a modification to the Development Agreement.

G.

Procedures for modifying or terminating an agreement. The procedures for modifying or terminating Development Agreements shall follow the same guidelines required for entering into an agreement.

(§ 5, Ord. 1085, eff. January 6, 2006)