This chapter establishes procedures and requirements for the review and approval of development agreements, consistent with Government Code Sections 65864, et seq.
(Ord. 21-501 § 9)
Any person who has a legal or equitable interest in real property may request to enter into a development agreement with the Town.
(Ord. 21-501 § 9)
Applications for development agreements shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.
(Ord. 21-501 § 9)
The Town Council shall have the authority to enter into a development agreement as provided in this chapter and under the authority of Government Code Sections 65864 through 65869.5.
(Ord. 21-501 § 9)
The Town Council shall hold a public hearing on any proposed development agreement. Notice of public hearing shall be given consistent with Section 17.180.040, Notice of hearing, of this title.
(Ord. 21-501 § 9)
Following the public hearing the Town Council may approve the application and authorize a development agreement by ordinance if from the facts presented all the following findings can be made:
A. 
The proposed development agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;
B. 
The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and
C. 
The proposed development agreement will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to property, improvements, or potential development in the vicinity.
(Ord. 21-501 § 9)
A. 
No earlier than 31 days after final adoption by the Town Council, the Town Clerk shall have the development agreement recorded with the County Recorder.
B. 
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 17.216.090 of this chapter, or if the Town terminates or modifies the agreement as provided in Section 17.216.110 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the Town Clerk shall have notice of such action recorded with the County Recorder.
(Ord. 21-501 § 9)
Either party, by mutual consent, may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The parties may establish in the agreement an alternative procedure for processing insubstantial amendments to the agreement. Otherwise, the procedure for the proposal and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.
(Ord. 21-501 § 9)
A. 
If, upon a finding under Section 17.216.080 of this chapter, the Town Council determines to proceed with modification or termination of the agreement, the Town shall give notice to the property owner of its intention to do so. The notice shall contain:
1. 
The time and place of the hearing;
2. 
A statement as to whether or not the Town proposes to terminate or to modify the development agreement; and
3. 
Other information that the Town considers necessary to inform the property owner of the nature of the proceeding.
B. 
Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Government Code Sections 65090 and 65091 in addition to any other notice required by law.
C. 
At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Town Council may impose conditions to the action it takes as it considers necessary to protect the interest of the Town. The decision of the Town Council is final.
(Ord. 21-501 § 9)