(a)
Procedures. This chapter provides procedures and requirements for
the review, approval and amendment of development agreements.
(Ord. 1308 § 5, 2000)
(b)
Fully Effectuate. In construing the provisions of any development agreement executed in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of Chapters 21.32. through 21.50 of this title, state law cited above and the agreement itself.
(c)
Discrepancies. If an apparent discrepancy between the meaning of
these documents arises, reference shall be made to the following documents,
and in the following order:
(Ord. 1308 § 5, 2000)
Applications for a development agreement shall be considered by the commission and council in compliance with subsection (e) of Section 21.38.040 (Notice and public hearings) of this chapter.
(Ord. 1308 § 5, 2000)
(a)
Application Requirements. An owner of real property may request and
apply through the director to enter into a development agreement provided
the following:
(1)
The development agreement, if approved, would be in the best interests
of the city;
(2)
The status of the applicant as an owner of the property is established
to the satisfaction of the director;
(3)
The application is made on approved forms and contains all information
required by the director; and
(4)
The application is accompanied by all lawfully required documents,
information, materials and applicable fees, in compliance with subsection
(c) (Processing and review fees) of this section.
(b)
Director. The director shall receive, review, process and prepare,
together with recommendations for commission and council consideration,
all applications for development agreements.
(c)
Processing and Review Fees.
(1)
Processing Fees. Processing fees, as established by the city's fee
resolution, shall be collected for any application for a development
agreement made in compliance with this chapter.
(d)
Content of Development Agreement.
(1)
A development agreement entered into in compliance with this chapter
shall contain the mandatory provisions specified by state law (Government
Code Section 65865.2 [Agreement contents]).
(2)
A development agreement entered into in compliance with this chapter
may contain the permissive provisions specified by state law (Government
Code Section 65865.2 [Agreement contents]).
(e)
Notice and Public Hearings.
(1)
Notice. Notice of the hearings, identified in paragraphs (2) and
(3) of this subsection, shall be given in the form of a notice of
intention to consider approval of a development agreement in compliance
with state law.
(2)
Commission. The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 21.58 (Public Hearings) of this title. Following conclusion of the public hearing, the commission shall forward a written recommendation to the council that it approve, conditionally approve or disapprove the application.
(3)
Council. Upon receipt of the commission's recommendation, the city clerk shall set the application and written recommendation of the commission for a public hearing before the council in compliance with Chapter 21.58 (Public Hearings) of this title. Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application in compliance with paragraph (7) of this subsection.
(4)
Terms and Conditions. Should the council approve or conditionally
approve the application, it shall, as a part of the action of approval,
direct the preparation of a development agreement embodying the terms
and conditions of the application as approved or conditionally approved
by it, as well as an ordinance authorizing execution of the development
agreement by the mayor.
(5)
Ordinance. The ordinance shall be in compliance with state law and
shall contain the findings identified in paragraph (7) of this subsection
and the facts supporting them.
(6)
Evidence. It is the responsibility of the applicant to establish
evidence in support of the required findings.
(7)
Findings. The development agreement shall be approved only if the
following findings of fact can be made in a positive manner:
(A)
The development agreement would be in the best interests of the city.
(B)
The development agreement is consistent with the actions, goals,
objectives and policies of the general plan, any applicable specific
plan and this title.
(C)
The development agreement would promote the public convenience, health,
interest, safety or welfare of the city.
(8)
Referendum. The ordinance may be subjected to referendum in compliance
with state law.
(Ord. 1308 § 5, 2000)
(b)
Mutual Consent. A development agreement may be executed only on the
mutual written consent of each party to the agreement.
(c)
Conditioning Approval. The provisions of this chapter shall not be
construed to prohibit the director, commission or council from conditioning
approval of a discretionary entitlement on the execution of a development
agreement where the condition is otherwise authorized by law.
(d)
Recordation. A development agreement shall be recorded with the county
recorder no later than ten days after it is executed, in compliance
with state law.
(Ord. 1308 § 5, 2000)
(a)
Periodic Reviews Required.
(1)
Every development agreement, approved and executed shall be subject
to periodic reviews, as specified in the agreement, by the director/commission
during the full term of the agreement.
(b)
Purpose of Review.
(1)
The purpose of the review shall be to determine whether the applicant/contracting
party or the successor(s)-in-interest has complied in good faith with
the terms and/or conditions of the development agreement.
(2)
The burden of proof shall be on the applicant/contracting party or
the successor(s)-in-interest to demonstrate compliance, to the full
satisfaction of and in a manner prescribed by, the director.
(c)
Compliance with the Terms or Conditions. If the commission finds,
on the basis of substantial evidence, that the applicant/contracting
party or the successor(s)-in-interest has not complied in good faith
with the terms or conditions of the agreement, the commission may
recommend to the council that it order, after a noticed public hearing
in compliance with Section 21.58 (Public Hearings) of this title,
the agreement to be terminated or modified.
(Ord. 1308 § 5, 2000)
(a)
Amendments or Cancellations. A development agreement may be amended
or canceled, in whole or in part, by mutual agreement of all parties
to the agreement, or their successor(s)-in-interest.
(b)
Processing Procedures. The requested amendment or cancellation shall
be processed in the same manner identified by this chapter for the
adoption of a development agreement.
(Ord. 1308 § 5, 2000)
(a)
Rules, Regulations and Policies. Unless otherwise provided by the
development agreement, the 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, are the policies, regulations
and rules in force at the time of execution of the agreement.
(b)
Applying New Policies, Regulations, and Rules. Unless specifically
provided for in the development agreement, the agreement does 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
under the development agreement, nor does a development agreement
prevent the city from conditionally approving or disapproving a subsequent
development project application on the basis of existing or new policies,
regulations and rules.
(Ord. 1308 § 5, 2000)
Development agreements approved by the council shall be on file
with the city clerk.
(Ord. 1308 § 5, 2000)
