This chapter is adopted in compliance with the provisions of
California
Government Code Sections 65864 through 65869.5.
(Ord. 5428 § 1, 2014)
A. Eligibility to Apply. 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 that is the subject of the development agreement. The Planning
Manager may require an applicant to submit proof of the applicant’s
interest in the real property and of the authority of any agent to
act for the applicant. Before processing the application, the Planning
Manager 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.
B. Application Content. The Planning Manager shall prescribe
the form for each application along with a processing fee as adopted
by the City Council. The Planning Manager may require an applicant
to submit such information and supporting data as the Planning Manager
considers necessary to process the application.
C. Form of Agreement. Each application shall be accompanied by
the form of standard development agreement established by the City
and approved by the Council with any additional alternatives, modifications
or changes proposed by the applicant.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
The Planning Manager shall give notice of the City’s intention to consider adoption of a development agreement in conjunction with any other public hearing required by law or this Zoning Ordinance, at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section
19.78.020 of this title.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
After a hearing by the Planning Commission, which may be held
in conjunction with other required hearings for the project including
amendments to the general plan, rezonings, subdivision maps, or Conditional
Use Permits, the Planning Commission shall make its recommendation
in writing to the Council. The recommendation shall include consideration
of the following:
A. Consistency
with the objectives, policies, general land uses and programs specified
in the General Plan and any applicable specific plan;
B. Consistency
with the provisions of this title;
C. Conformity
with public health, safety and general welfare;
D. The
effect on the orderly development of property or the preservation
of property values; and
E. Whether
the provisions of the agreement shall provide sufficient benefit to
the City to justify entering into the agreement.
(Ord. 5428 § 1, 2014)
Following notice as provided by Section
19.78.020 of this title, the Council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. If the 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. 5428 § 1, 2014)
Either party may propose an amendment to, or cancellation in
whole or in part, of an executed development agreement. If proposed
by the developer, 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
in the first instance. However, where the City initiates the proposed
amendment to or cancellation of the development agreement, it shall
first give at least 30 days’ notice to the property owner of
its intention to initiate such proceedings in advance of the giving
of public notice of hearing.
(Ord. 5428 § 1, 2014)
The City shall review the development agreement every 12 months
from the date the agreement is entered into.
A. The
Planning Manager shall begin the review proceeding by giving notice
that the City intends to undertake a periodic review of the development
agreement to the property owner. The Planning Manager shall give the
notice at least 30 days before the date when the matter shall be considered
by the Council.
B. The Council shall receive the Planning Manager’s report at a regularly scheduled City Council meeting. A public hearing may be held but is not required. At the meeting, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given as provided by Section
19.78.020.
C. The
Council shall determine whether or not the property owner has, for
the period under review, complied in good faith with the terms and
conditions of the agreement.
D. If
the Council finds and determines that the property owner has complied
in good faith with the terms and conditions of the agreement during
the period under review, the review for that period is concluded.
If the Council finds and determines that the property owner has not
complied in good faith with the terms and conditions of the agreement
during the period under review, the Council shall order the property
owner to cure the default within 60 days. If the property owner fails
to do so, the Council may modify or terminate the agreement.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)