These regulations are adopted under the authority of California Government Code Sections 65864, et seq.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   The Community Development Director shall prescribe the form for each application for a development agreement, and for any document required under this chapter. The Director may require an applicant to submit such information, data, and analyses necessary to process the application. The applicant shall submit with the application a list and description of, but not limited to, the unique benefits to the City for entering into the agreement, term of the agreement, project phasing, applicable development standards, uses, densities, applicant’s financing arrangement for any public improvements to be constructed in consideration for the development agreement and any special provisions or clauses the applicant requests to be in the agreement.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   A filing fee, as set by Council resolution, to cover the costs of processing shall be charged to the applicant.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person, or their authorized agent, who has legal or equitable interest in the real property which is the subject of the development agreement. The Director may require an applicant to submit written proof of their interest in the real property or the authority of any agent to act for the applicant.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   The Director shall review the application and may reject it if it is incomplete or inaccurate. If the Director finds that the application is incomplete, the Director shall notify the applicant of the additional requirements necessary in order to conduct negotiations. After receiving the required information and meeting with the applicant for negotiation purposes, the Director shall prepare a staff report and recommendation to the Planning Commission. This report shall include a statement the proposed agreement has been reviewed by the City Attorney and whether the agreement would be consistent with the City’s General Plan and any applicable Specific Plan.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   A public hearing shall be held before the Planning Commission and the City Council to consider whether the City should enter into the development agreement. The public hearing shall be conducted in accordance with the City’s normal procedural standards for conducting zoning hearings. The applicant has the burden of proof at the public hearing on the applicant’s need for, advantages of the benefits to the City for such a development agreement.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   The Director shall give notice of the public hearings required by this chapter in the manner required by the California Government Code and Chapter 12 of this Title.

(§ 1, Ord. 953-NS, eff. January 20, 1987, as amended by §52, Ord. 1178-NS, eff. April 27, 1993)

   The failure of any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a development agreement.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   The Commission shall make a written recommendation on the development agreement to the City Council. The recommendation shall include the Commission’s reasons and determination whether the development agreement:

   (a)   Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

   (b)   Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

   (c)   Is in conformity with public convenience, general welfare and good land use practice:

   (d)   Will be detrimental to the health, safety and general welfare; and

   (e)   Will adversely affect the orderly development of property or the preservation of property values.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   The approval of development agreements is a discretionary decision of the City Council. The Council may accept, modify or disapprove the recommendation of the Planning Commission. It may refer matters not previously considered by the Commission back to the Planning Commission for additional recommendations. The Commission shall then hold a public hearing on matters referred back to it by the Council.

   The City Council may approve the development agreement if it finds that the agreement is consistent with the General Plan and any applicable Specific Plan.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   A development agreement shall be adopted by an ordinance, and is subject to referendum.

   Only after the ordinance approving the development agreement takes effect (thirty (30) days after the second reading), shall the City enter into the agreement and that agreement be binding and effective.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   Within ten (10) days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

   If the agreement is terminated, amended or canceled, the City Clerk shall have notice of such action recorded.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   (a)   Unless a shorter time is specified by the City Council, the Community Development Director shall review for compliance each development agreement every twelve (12) months from the date the agreement is entered. The applicant, or successor in interest, shall have the burden to demonstrate good faith compliance with the terms of the agreement. The determination shall be based upon the evidence presented.

   (b)   If the City finds that the applicant has complied in good faith with the terms and conditions of the agreement, the review for that period is conducted.

   (c)   If the City finds that the applicant 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.

(§ 1, Ord. 953-NS, eff. January 20, 1987)

   (a)   Amendment or mutual cancellation. Either party may propose an amendment to, or cancellation in whole or in part of, a development agreement. The procedure for considering an amendment to, or canceling of the development agreement is the same as for entering into an agreement as set forth in this Chapter. When the City initiates the proposed amendment or cancellation, it shall first five written mailed notice to the other party to the agreement of such intention at least thirty (30) days in advance of the giving of notice of the public hearing.

   (b)   Non-compliance or termination. If, upon a finding under Section 9-11.13(c), the City Council determines to proceed with modification or termination of the agreement, the City shall hold a noticed public hearing. At the hearing, the other party to the agreement shall be given an opportunity to be heard. The Council may refer the matter to the Planning Commission for further proceedings or for report and recommendation. The Council may impose such conditions to its action as it considers necessary to protect the interests of the City.

(§ 1, Ord. 953-NS, eff. January 20, 1987)