This Chapter establishes procedures for the review and approval or denial of Development Agreements, in compliance with Government Code § 65864 et seq., as may be amended.
(Ord. 1670(19) § 11)
Only a qualified applicant may file an application to enter into a Development Agreement.
A.
A qualified applicant has legal or equitable interest in the real property, as determined in the sole discretion of the City, which is the subject of the Development Agreement. A qualified applicant shall also include an authorized agent of the property owner.
B.
The City may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.
(Ord. 1670(19) § 11)
A.
Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures), and this Chapter.
B.
Required Information.
1.
All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.
2.
An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or such other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a specific plan, Preliminary Development Plan, or other similar type of application.
C.
Form of Agreement. Each application shall be accompanied by the form of Development Agreement proposed by the applicant. All documents required, whether the agreement or any attachments and exhibits, shall be suitable for recordation as determined by the City.
D.
Fees. The applicant shall pay the fees and charges established by the Council for the filing and processing of a Development Agreement consistent with Section 17.504.040 (Application Fees). Additionally, appropriate fees may be established and collected for period reviews conducted in compliance with State law and Section 17.524.070 (Annual Review).
(Ord. 1670(19) § 11)
Public hearings shall be noticed and held in compliance with Chapter 17.608 (Public Hearings and Noticing).
A.
Commission Hearing. 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 17.608 (Public Hearing and Noticing). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, approve in modified form, or deny the application consistent with the findings in Section 17.524.050 (Findings and Decision).
B.
Council Hearing.
1.
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 Council. Following conclusion of a public hearing, the Council shall approve, approve in modified form, or deny the application.
2.
Council may refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission shall hold a public hearing on matters referred back to it by the Council.
C.
Irregular in Proceedings. No action, inaction, or recommendation regarding the proposed Development Agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect, or omission ("error") as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, or any matters of procedure unless after an examination of the entire case, including the evidence, the court is of the option that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.
D.
Approval through Ordinance. If the Council approves, with or without conditions, a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section 17.524.050 (Findings and Decision).
(Ord. 1670(19) § 11)
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:
A.
The Development Agreement is consistent with the goals, policies, general land uses and programs specified in the General Plan;
B.
The Development Agreement is consistent with any applicable specific plan;
C.
The Development Agreement and accompanying development maps, plans, and other information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located;
D.
The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E.
The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F.
The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
(Ord. 1670(19) § 11)
A.
Referendum. The ordinance approving a Development Agreement is subject to referendum in compliance with Government Code § 65867.5.
B.
Effective Date. The City shall not execute any Development Agreement until, on, or after the date upon which the ordinance approving the agreement, enacted in compliance with this Chapter, becomes effective, and until it has been executed by the applicant.
C.
Mutual Consent Required. A Development Agreement may be executed only upon the mutual consent of each party to the agreement.
(Ord. 1670(19) § 11)
A.
Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by the City.
B.
Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior calendar year.
C.
Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreement or by the Council consistent with Chapter 17.504 (Application Processing Procedures).
D.
Determination upon Review. The Director shall review materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.
E.
Procedures upon Determination.
1.
If the Director finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the Development Agreement during the period under review, the review for that period is concluded. The Director shall deliver a report of the determination to the Council.
2.
If the Director finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the Development Agreement during the period under review, the City may modify or terminate the Development Agreement in compliance with Government Code § 65865.1.
(Ord. 1670(19) § 11)
A.
A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with Government Code § 65868. The City shall have notice of such action recorded with the County Recorder's office.
B.
If, upon a finding under Subsection E.2, the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the property owners of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement in compliance with this Chapter, the City shall have notice of such action recorded with the County Recorder's office.
(Ord. 1670(19) § 11)