A.
Procedures. This section provides procedures and requirements
for the review, approval, and amendment of development agreements.
B.
State law. The provisions of this Section are consistent with the provisions of State law governing development agreements (article 2.5 of section 4 of section 1 of title 7, commencing with Government Code section 65864).
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
B.
Fully effectuate. In construing the provisions of any development
agreement executed in compliance with this section, those provisions
shall be read to fully effectuate, and to be consistent with, the
language of this article, 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. No. 1062, § 2(Exh.
A), 11-25-04)
Applications for a development agreement shall be considered
by the council in compliance with [subsection] 4.21.040 E., (Notice
and public hearings), below.;oh5;
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) below.
B.
Director. The director shall receive, review, process, and
prepare, together with recommendations for 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 section.
2.
Periodic reviews. Appropriate fees shall be established
and collected for periodic reviews conducted by the director in compliance
with [subsection] 4.21.060 (Periodic reviews), below.
D.
Content of development agreement.
1.
A development agreement entered into in compliance with this Section
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 section
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 subsections 2. and 3., below, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law.
2.
Council. The director, upon finding the application
for a development agreement complete, shall set the application, together
with recommendations, for a public hearing before the council in compliance
with section 26 (Public Hearings). Following conclusion of the public
hearing, the council shall approve, conditionally approve, or disapprove
the application in compliance with subparagraph 7. [H.], below.
3.
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.
F.
Ordinance. The ordinance shall be in compliance with state
law and shall contain the findings identified in subparagraph 7. [H.],
below, and the facts supporting them.
G.
Evidence. It is the responsibility of the applicant to establish
evidence in support of the required findings.
H.
Findings. The development agreement shall be approved only
if the following findings of fact can be made in a positive manner:
1.
The development agreement would be in the best interests of the city.
2.
The development agreement is consistent with the actions, goals,
objectives, and policies of the general plan, any applicable specific
plan, and this zoning ordinance.
3.
The development agreement would promote the public convenience, health,
interest, safety, or welfare of the city.
I.
Referendum. The ordinance may be subjected to referendum
in compliance with state law.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
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 subsection E., 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 section shall
not be construed to prohibit the director 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 10 days after it is executed, in
compliance with state law.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
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
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 director
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 director may recommend
to the council that it order, after a noticed public hearing in compliance
with section 26 (Public hearings), the agreement to be terminated
or modified.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
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 section for
the adoption of a development agreement.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
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. No. 1062, § 2(Exh.
A), 11-25-04)
Development agreements approved by the council shall be on file
with the city clerk.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
