A.
A development
agreement is a contract between the city and an applicant for a development
project, in compliance with state law (Government Code Sections 65864
et seq.) 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 of payment of required fees,
installation of necessary infrastructure, and other considerations
the city might obtain in the development agreement.
B.
In
construing the provisions of any development agreement entered into
in compliance with this chapter, those provisions shall be read to
fully effectuate, and to be consistent with, the language of this
chapter, state law (Government Code Article 2.5, cited above), and
the agreement itself. Should any apparent discrepancies between the
meaning of these documents arise, reference shall be made to the following
documents, and in the following order:
1.
The
plain terms of the development agreement itself;
2.
The
provisions of this chapter; and
3.
The
provisions of state law (Government Code Article 2.5, cited above).
(Ord. 777 § 1 (Exh. A),
2002)
A.
Any
person(s) having a legal or equitable interest in real property may
apply through the director to enter into a development agreement provided
the following:
1.
The
status of the applicant, having a legal or equitable interest in the
subject real property, is established to the satisfaction of the director.
An applicant may also include an authorized agent;
2.
The application is made on approved forms, contains all information required by the director, and is filed with the department in compliance with Chapter 17.36 (Application Filing, Processing, and Fees); and
3.
The
application is accompanied by all lawfully required documents, materials,
and information.
B.
The
director is empowered to receive, review, process, and prepare, together
with recommendations for commission and council consideration, all
applications for development agreements. The director may call upon
all other city departments for timely assistance in complying with
this chapter.
C.
Processing
fees, as established by the city's fee resolution, shall be collected
for an application for a development agreement made in compliance
with this chapter. Additionally, appropriate fees shall be established
and collected for amendments to a development agreement.
(Ord. 777 § 1 (Exh. A),
2002)
A.
The director, upon finding the application for a development agreement complete and in compliance with the provisions of the California Environmental Quality Act (CEQA), shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 17.74 (Public Hearings). Following conclusion of the public hearing, the commission shall make a written recommendation to the council that it approve, conditionally approve, or disapprove the application.
B.
Upon receipt of the commissions recommendation, the city clerk shall set the application and written report of the commission for a public hearing before the council in compliance with Chapter 17.74 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve, or disapprove the application.
C.
Notice of the hearings identified in subsections A and B shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (Government Code Section 65867) and Chapter 17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A),
2002)
A.
Mandatory
Contents.
A development agreement shall contain the applicable provisions
identified below, in compliance with state law (Government Code Section
65865.2):
1.
Specify
the duration of the agreement;
2.
Specify
the allowed uses for the subject property;
3.
Specify
the density/intensity of the allowed uses;
4.
Describe
the maximum height and size of proposed structures by clearly identifying
and referring to the documents and exhibits approved;
5.
Describe
the provisions, if any, for reservation or dedication of land for
public purposes;
6.
Describe
the provisions, if any, for the protection from either a future growth
control ordinance or a future increase in development and/or effect
fees;
8.
Provide
for the possibility of subsequent discovery of health and safety issues
like a compelling public necessity (e.g., a new environmental health
hazard is discovered), which would necessitate a reconsideration/amendment
of the previously approved development agreement.
B.
Permissive
Contents.
A development agreement entered into in compliance with this
chapter may include the following provisions:
1.
Conditions,
terms, restrictions, and requirements for subsequent discretionary
actions, provided that the conditions, terms, restrictions, and requirements
for subsequent discretionary actions shall not prevent development
of the land for the uses and to the density/intensity of development
specified in the agreement;
2.
Provisions
which require that construction shall be commenced within a specified
time and that the project, or any single phase, be completed within
a specified time;
3.
Terms
and conditions relating to applicant financing of necessary public
improvements and facilities including applicant participation in benefit
assessment proceedings; and
4.
Any
other terms, conditions and requirements as the council may deem necessary
and proper, including requirement(s) for ensuring, to the satisfaction
of the director, performance of all provisions of the agreement in
a timely manner by the applicant/contracting party.
(Ord. 777 § 1 (Exh. A),
2002)
A.
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 Section 17.56.030 (Hearings and Notice), above, becomes effective.
B.
A development
agreement shall be recorded in the county recorders office no later
than ten days after it is executed.
(Ord. 777 § 1 (Exh. A),
2002)
A.
Either
party to the agreement may propose an amendment to or cancellation
of the development agreement.
B.
The
procedure and notice requirements for amendment or cancellation of
the development agreement is the same as the procedure for entering
into an agreement in compliance with this chapter.
C.
Where the city initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least fifteen days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.74 (Public Hearings).
(Ord. 777 § 1 (Exh. A),
2002)
A.
Every
development agreement, approved and executed in compliance with this
chapter, shall be subject to periodic city review during the full
term of the agreement. The review schedule shall be specified in the
agreement.
B.
The
purpose of the periodic reviews shall be to determine whether the
applicant/contracting party or its successor(s)-in-interest has complied
in good faith with the terms or conditions of the development agreement.
The burden of proof shall be on the applicant/contracting party or
its successor(s) to demonstrate compliance, to the full satisfaction
of, and in a manner prescribed by, the city.
C.
If, as a result of periodic review in compliance with this subsection, the council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has not complied in good faith with the terms or conditions of the development agreement, the council may order, after a noticed public hearing in compliance with Section 17.56.030 (Hearings and Notice), above, that the agreement be terminated or modified.
(Ord. 777 § 1 (Exh. A),
2002)
A.
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.
In
compliance with state law (Government Code Section 65866), 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. 777 § 1 (Exh. A),
2002)
Development agreements approved by the council shall be on file
with the city clerk.
(Ord. 777 § 1 (Exh. A),
2002)
All agreements shall be subject to the applicable provisions
of this title, including the procedures identified in the following
chapters and sections:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.74 Public Hearings
17.78 Revocations and Modifications
17.68.070 Time Extensions.
(Ord. 777 § 1 (Exh. A),
2002)
