A. 
Purpose and intent of a development agreement. A development agreement is a contract between the City and an applicant for a development project. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided assurance that the project would further important Citywide goals and policies which have been officially recognized by the Council, and provide the City with significant, tangible benefits beyond those that may be required by the City through project conditions of approval.
B. 
Procedures. This Chapter provides procedures and requirements for the review, approval, and amendment of development agreements.
(Ord. 3677 § 1, 2004)
A. 
Initiation. Consideration of a development agreement may be initiated by:
1. 
The Council;
2. 
The Commission; or
3. 
Property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.
B. 
Interpretation of provisions. 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 specific language of this Zoning Code 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:
1. 
The terms of the development agreement itself; and
2. 
The provisions of this Chapter.
(Ord. 3677 § 1, 2004)
An application for a development agreement shall be considered by the Commission and Council in compliance with Section 20-56.040 E. (Notice and public hearings), below.
(Ord. 3677 § 1, 2004)
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 forms approved, 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) below.
B. 
Review and processing. 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 Council's Fee Schedule, shall be collected for any application for a development agreement made in compliance with this Chapter.
2. 
Periodic reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with Section 20-56.070 (Periodic Review), below.
D. 
Contents of development agreement.
1. 
Mandatory contents. A development agreement shall specify the duration of the agreement, the allowed uses of the property, the density or intensity of the use, the maximum height and size of the proposed structures, and provisions for reservation or dedication of land for public purposes.
2. 
Permissive contents. The development agreement may also include the following:
a. 
Conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and the density or intensity of development identified in the agreement;
b. 
A requirement that construction shall be commenced within a specified period of time and that the project, or any phase of the project, be completed within a specified time; and
c. 
Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
E. 
Public notice and hearings.
1. 
Notice. Notice of the hearings, identified in Subparagraphs 2 and 3, below, shall be given in the form of a notice of intention to consider approval of a development agreement.
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 20-66 (Public Hearings). Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, conditionally approve, or deny 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 20-66 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application in compliance with Subparagraph 7 (Findings), below.
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 contain the findings identified in Subparagraph 7 (Findings), below, 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 after first finding that:
a. 
The development agreement is in the best interests of the City;
b. 
The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Zoning Code;
c. 
The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City;
d. 
The project will further important Citywide goals and policies that have been officially recognized by the Council; and
e. 
The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
8. 
Referendum. The ordinance may be subjected to referendum.
(Ord. 3677 § 1, 2004)
A. 
Effective date. The City shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Subparagraph E.5, above, becomes effective.
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 permit or approval 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 10 days after it is executed.
(Ord. 3677 § 1, 2004)
The approval or conditional approval of a development agreement in compliance with this Chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code.
(Ord. 3677 § 1, 2004)
A. 
Periodic review required.
1. 
Every development agreement, approved and executed shall be subject to periodic review, as specified in the agreement, by the Director during the full term of the agreement.
2. 
Appropriate fees to cover the City's costs to conduct the periodic review shall be collected from the applicant or contracting party in compliance with Subsection C, (Processing and review fees), above.
B. 
Purpose of review.
1. 
The purpose of the review shall be to determine whether the applicant or contracting party or the successors-in-interest has complied in good faith with the terms and conditions of the development agreement.
2. 
The burden of proof shall be on the applicant or contracting party or the successors-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 or contracting party or the successors-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 Chapter 20-66 (Public Hearings), the agreement to be terminated or modified.
(Ord. 3677 § 1, 2004)
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 successors-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. 3677 § 1, 2004)
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. 
Rights of the City. A development agreement shall 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, nor shall a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.
(Ord. 3677 § 1, 2004)