This chapter is adopted pursuant to the authority of Government Code Sections 65864 through 65869.5. The purpose of this chapter is to provide assurance to an applicant for a development project that upon approval of the project, the applicant may proceed in accordance with existing policies, rules and regulations; and subject to conditions of approval, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development.
(Ord. 08-01 §1, 2008)
Unless otherwise provided by state law, the provisions in this chapter are the exclusive procedures and rules relating to development agreements. In the event of conflict, the provisions of state law shall prevail over any other provisions of this chapter.
(Ord. 08-01 §1, 2008)
A development agreement may be initiated by:
A. 
An application of one or more qualified applicants;
B. 
By resolution of intention of the city council;
C. 
By resolution of intention of the planning commission.
(Ord. 08-01 §1, 2008)
Only a qualified applicant may file an application pursuant to this chapter. A qualified applicant is a person or entity who (which) 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 the person(s) (its) interest in the real property and of the authority of the agent to act on behalf of the applicant.
(Ord. 08-01 §1, 2008)
Application for a development agreement shall be made in writing to the planning department on a form prescribed by the planning director. The application shall include the following data:
A. 
A map drawn to scale showing the property for which the development agreement is requested and the property lines for the properties within three hundred feet of the exterior boundary lines of the subject property;
B. 
A clear indication of the names of all streets and of the assessor's parcel numbers of each parcel shown on the map that is the subject of the development agreement;
C. 
The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map;
D. 
The legal description or other description acceptable to the director of the planning department of the subject property which must be provided prior to approval of the city council;
E. 
The proposed use or uses, density or intensity of use of the property, the maximum height and size of any proposed buildings, the proposed duration of the development agreement, and any proposed reservations or dedications of land for public purposes;
F. 
The proposed term of the development agreement may range from one year to twenty years;
G. 
The developer shall provide a statement justifying the five findings to be made by the city council as specified in Section 16.14.130(C); and
H. 
In addition to the above information, the planning director may require a qualified applicant to submit any additional information and supporting data considered necessary to process the application.
(Ord. 08-01 §1, 2008)
The development agreement shall be in a form approved by the city attorney; it shall specify the duration of the development agreement, not to exceed twenty years; 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 development 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.
(Ord. 08-01 §1, 2008)
A. 
The planning director shall review the application and shall accept it for filing if it is complete and accurate.
B. 
The planning director shall review the application and shall prepare a staff report and recommendation to the planning commission with regard to the proposed agreement.
C. 
The city attorney shall prepare a draft agreement and forward same to the planning director.
(Ord. 08-01 §1, 2008)
A development agreement shall be subject to environmental review as required by the California Environmental Act and its implementing regulations.
(Ord. 08-01 §1, 2008)
The planning director shall transmit the application and the draft agreement to the planning commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in Section 16.14.110 of this chapter. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.
(Ord. 08-01 §1, 2008)
A. 
Notice of public hearings required by this chapter shall be given as provided in Sections 65854 and 65856 of the Government Code, in addition to such other notice as may be required for other such actions to be considered concurrently with the development agreement.
B. 
The notice requirements referred to in subsection A of this section are as required by the laws existing at the time of adoption of this chapter.
C. 
The failure of any person to receive notice required by law of any hearing as required by this chapter shall not affect the authority of the city to enter into a development agreement.
(Ord. 08-01 §1, 2008)
After one or more public hearings have been held by the planning commission, said commission shall render its decision in the form of a written recommendation and report. Such recommendation and report shall be forwarded to the city council.
(Ord. 08-01 §1, 2008)
A. 
Upon receipt of the commission's recommendation and report, the city council shall promptly set the matter for public hearing. Notice of the public hearing shall be given as provided in this title.
B. 
After the city council has held a public hearing, it may approve, modify or disapprove the development agreement. Matters not previously considered by the planning commission during its hearing may, in the discretion of the city council, be referred back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on such referrals.
C. 
The city council may approve the development agreement only if it finds in writing that the agreement:
1. 
Is consistent with the objectives, policies, general land uses and programs specified in the city's general plan and any applicable specific plan;
2. 
Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the city as a whole;
3. 
Will not adversely affect the orderly development of property or the preservation of property values;
4. 
Is consistent with the provisions of Government Code Sections 65864 through 65869.5; and
5. 
Contains a legal description of the property.
(Ord. 08-01 §1, 2008)
A. 
A development agreement may be amended or canceled, in whole or in part, by the mutual consent of the parties to the agreement, but only after notice of intention to amend or cancel has been given and public hearings have been held as required herein for the approval of the original development agreement.
B. 
The procedures for assignment of a development agreement, in whole or in part, shall be set forth in the development agreement.
(Ord. 08-01 §1, 2008)
Within ten days after the effective date of a development agreement, or any modification or the cancellation thereof, the city clerk shall have the agreement, the modification or the notice of cancellation recorded with the county recorder.
(Ord. 08-01 §1, 2008)
A. 
The planning commission shall, not less than once every twelve months from the effective date of the development agreement, review same for compliance with its terms and conditions.
B. 
The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreement.
C. 
After the public hearing, the planning commission shall render its determination in the form of a written report to the city council. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the planning commission may include in its report a recommendation for the modification or termination of the agreement.
(Ord. 08-01 §1, 2008)
A. 
The city council shall place the report of the planning commission on its agenda at the second regularly scheduled city council meeting following the receipt of the planning commission report by the city council.
B. 
If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the city council shall accept the report for filing and shall not take any further action unless:
1. 
The city council, on its own motion, votes to set the matter for public hearing;
2. 
An appeal is filed with the city council from the determination of the planning commission within fifteen days of the planning commission report.
C. 
If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the city council shall hold a public hearing to consider the report and recommendation of the planning commission.
D. 
Whenever the planning commission report or an appeal is scheduled for hearing, notice of such hearing shall be given as provided in this title. Such notice shall include:
1. 
The time and place of the public hearing;
2. 
A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review; and
3. 
A statement that the city council may terminate or modify the agreement at the conclusion of the hearing.
E. 
At the conclusion of the public hearing, the city council may refer the matter to the planning commission for further report and recommendation or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the council finds and determines, on the basis of substantial evidence, that there has not been compliance on good faith with the terms and conditions of the agreement for the period under review, the council may terminate the agreement or impose those conditions which it considers necessary and appropriate to protect the interests of the city. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the city council shall be commenced within sixty days from the date upon which a final determination is made by the city council.
(Ord. 08-01 §1, 2008)
Unless otherwise provided by the development agreement, the rules, regulations and official policies of the city which govern permitted uses of land, density, design, improvement and construction standards and specifications, applicable to the development of the property subject to the development agreement, shall be those rules, regulations and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property which is the subject of the development agreement, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the subject property at the time the agreement was executed; nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
(Ord. 08-01 §1, 2008)