This article is adopted under the authority of Government Code Section 65864 et seq.
(Zoning Code, Ch. 93, § 9301)
(a) 
Except as otherwise provided in this chapter, the director of community development shall prescribe the form for each application, notice and document provided for or required under this article for the preparation and implementation of development agreements.
(b) 
The director of community development may require an applicant to submit such information and supporting data as the city development director considers necessary to process the application.
(Zoning Code, Ch. 93, § 9302; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
A fee or fee deposit established by city council resolution shall be paid by the applicant at the time of filing the application.
(b) 
Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this chapter.
(Zoning Code, Ch. 93, § 9303; Ord. No. 2018-07R, § 7, 4-18-18)
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. The term "applicant" includes authorized agent. The community development director shall require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the director of community development shall obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.
(Zoning Code, Ch. 93, § 9304; Ord. No. 2018-07R, § 7, 4-18-18)
Each application shall be accompanied by the form of development agreement proposed by the applicant. The city council may adopt by resolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of the standard form. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, including requirements that the applicant provide sufficient security approved by the city attorney to ensure provision of public facilities.
(Zoning Code, Ch. 93, § 9305)
(a) 
The director of community development shall review the application and may reject it if it is incomplete or inaccurate for processing. If he or she finds that the application is complete, he or she shall accept it for filing.
(b) 
The director of community development shall review the application and proposed agreement and shall prepare a report and recommendation to the planning commission on the agreement.
(c) 
The director of community development shall forward a copy of the application and agreement to the city attorney for review. The city attorney shall prepare a report and recommendation to the planning commission on the agreement.
(Zoning Code, Ch. 93, § 9306; Ord. No. 2018-07R, § 7, 4-18-18)
The director of community development shall transmit the application to the planning commission for a public hearing when all the necessary reports and recommendations are completed. Notice of the public hearing shall be given as provided in this chapter. The application for a development agreement may be considered concurrently with other discretionary permits for the project.
(Zoning Code, Ch. 93, § 9307; Ord. No. 2018-07R, § 7, 4-18-18)
After a pubic hearing, the planning commission shall consider the application and prepare a report and recommendation for the city council. The report and recommendation shall include findings on the matters substantially set to the same form as set forth in section 33-1138(b) of this article. This report and recommendation shall be forwarded to the city clerk who shall set the matter for public hearing before the city council.
(Zoning Code, Ch. 93, § 9308; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
After the city council completes the public hearing, it may approve, modify or disapprove the development agreement. It may refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission need not hold a public hearing on matters referred back to it by the city council.
(b) 
The city council shall not approve the development agreement unless it finds that the agreement:
(1) 
Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
(2) 
Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located and all other provisions of Chapter 33 of this code;
(3) 
Is in conformity with public convenience, general welfare and good land use practices;
(4) 
Will not be detrimental to the health, safety and general welfare;
(5) 
Will not adversely affect the orderly development of property or the preservation of property values;
(6) 
Is consistent with the provisions of Government Code Section 65864 et seq.
(Zoning Code, Ch. 93, § 9309; Ord. No. 2018-07R, § 7, 4-18-18)
If the city council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the effective date of the ordinance on behalf of the city. Before execution, each agreement shall be approved as to form by the city attorney.
(Zoning Code, Ch. 93, § 9310)
(a) 
Notice of public hearing required by this chapter shall be given as provided in section 33-1300 of Article 61.
(b) 
The notice requirement referred to in subsection (a) is declaratory of existing law (Government Code Sections 65867, 65854, 65854.5 and 65856). If state law prescribes a different notice requirement, notice shall be given in that manner.
(c) 
The failure of any person to receive notice required by law or these regulations does not affect the authority of the city to enter into a development agreement.
(Zoning Code, Ch. 93, § 9311; Ord. No. 2018-07R, § 7, 4-18-18)
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 as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion 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 not presumption that error is prejudicial or that injury was done if error is shown.
(Zoning Code, Ch. 93, § 9312)
(a) 
Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. The amendment or cancellation permitted by this section must be by mutual consent of the parties.
(b) 
The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. However, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least 30 days in advance of the giving of public notice of the hearing to consider the amendment or cancellation.
(Zoning Code, Ch. 93, § 9313)
(a) 
Within 10 days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.
(b) 
If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the city clerk shall have notice of such action recorded with the county recorder.
(Zoning Code, Ch. 93, § 9314)
(a) 
The city council shall review the development agreement every 12 months from the date the agreement is entered into.
(b) 
The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:
(1) 
Recommendation of the community development director;
(2) 
Resolution of intention by the planning commission;
(3) 
Resolution of intention of the city council.
(c) 
The director of community development shall begin the review proceeding by giving written notice that the city council intends to undertake a periodic review of the development agreement to the property owner. He or she shall give the notice at least 10 days in advance of the time at which the matter will be considered by the council.
(d) 
The city council may refer the matter to the planning commission for review and recommendation.
(Zoning Code, Ch. 93, § 9315; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
The city council or the planning commission, if the matter has been referred pursuant to subsection (d) of section 33-1144 of this article, shall conduct a public review hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
(b) 
The city council shall 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 agreement.
(c) 
If the city council 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 agreement during the period under review, no other action is necessary.
(d) 
If the city council finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the council may initiate proceedings to modify or terminate the agreement.
(Zoning Code, Ch. 93, § 9316; Ord. No. 2018-07R, § 7, 4-18-18)
(a) 
If upon a finding under subsection (d) of section 33-1145 of this article the city council determines to modify or terminate the agreement, the city council shall give notice to the property owner of its intention so to do. The notice shall state:
(1) 
The time and place of the hearing;
(2) 
A statement as to whether or not the city council proposes to terminate or modify the development agreement;
(3) 
Other information which the city council considers necessary to inform the property owner of the nature of the proceedings.
(b) 
At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The city council may refer the matter to the planning commission for further proceedings or for report and recommendation. The city council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council shall be final.
(Zoning Code, Ch. 93, § 9317)
In no event shall the applicant or his or her successors in interest be entitled to any damages against the city upon termination of the agreement.
(Zoning Code, Ch. 93, § 9318)
Approval and construction of a portion or phase of a development pursuant to the agreement shall not vest any rights to construct the remainder or any other portion of the development nor create any vested rights to the approval thereof if the agreement is terminated as provided in this article.
(Zoning Code, Ch. 93, § 9319)
The city council of the City of Escondido reserves the right to terminate or modify any development agreement after a public hearing if such termination or modification is reasonable and necessary to protect the public health, safety or welfare.
(Zoning Code, Ch. 93, § 9320)