A. 
This chapter outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners, the Planning Commission, or City Council. It is intended that the provisions of this chapter shall be fully consistent with the provisions of State law, and shall be so construed.
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, and the agreement. Should any apparent discrepancies between the meanings 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;
2. 
The provisions of this chapter; and
3. 
The provisions of State law.
(Ord. 526 § 1, 2010)
Any owner of real property may request and apply through the Community Development Director to enter into a development agreement. Acceptance of the application is contingent on the following:
A. 
The status of the applicant as an owner of property is established to the satisfaction of the Community Development Director;
B. 
The application is made on forms approved, and contains all information required, by the Community Development Director;
C. 
The application is accompanied by all lawfully required documents, materials and information; and
D. 
The application is accompanied by the appropriate fee, as established by the City Council.
(Ord. 526 § 1, 2010)
A. 
Notice and Hearing. Following processing of the application for a development agreement by City staff, proper notice of a public hearing before the Planning Commission shall be provided, as required by California Government Code Sections 65090 through 65095, and by such other means of notification the Planning Commission may require.
B. 
Recommendation. At the conclusion of the public hearing, or at a time prescribed by Section 17.37.050, the Planning Commission shall make a written recommendation to the City Council on whether to approve, approve in modified form, or deny the proposed development agreement.
(Ord. 526 § 1, 2010)
A. 
Notice and Hearing. Upon receipt of the Planning Commission's recommendation, proper notice of a public hearing before the City Council shall be provided, as required by California Government Code Sections 65090 through 65095, and by such other means of notification the City Council may require.
B. 
Determination. At the conclusion of the public hearing, or at a time prescribed in Section 17.37.050, the City Council shall approve, approve with modifications or deny the application.
(Ord. 526 § 1, 2010)
A. 
The City Council may approve or approve with modifications a development agreement only after first making all of the following findings:
1. 
The development agreement is consistent with the General Plan;
2. 
The development agreement will be in the best interest of the City; and
3. 
The development agreement will promote the public interest and welfare of the City.
B. 
Nothing in this chapter requires the City Council to approve a development agreement if, in the City Council's sole discretion, it chooses not to do so.
(Ord. 526 § 1, 2010)
A. 
The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective;
B. 
The provisions of this chapter shall not be construed to prohibit the Community Development Director, Planning Commission or City Council from conditioning approval of a discretionary entitlement where the condition is otherwise authorized by law; and
C. 
A development agreement shall be recorded with the Sutter County Recorder no later than 10 days after it is executed.
(Ord. 526 § 1, 2010)
Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications applicable to the development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of granting the entitlement or issuance of a building permit.
Unless specifically provided for in the development agreement, the agreement does not prevent the City, in any subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with the development agreement, nor does a development agreement, unless otherwise specified in the development agreement, prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations and policies.
(Ord. 526 § 1, 2010)