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;
7. 
Provide for a tiered amendment review procedure that may incorporate the following:
a. 
Director approval for minor modifications;
b. 
Commission approval for major modifications; and
c. 
Council approval for major amendments.
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)
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)