A. 
Title. The provisions of this chapter shall be known as the "development agreement procedures" of this title.
B. 
Purpose. The purpose of these regulations is to allow the city and an applicant to enter into an agreement that will assure the city that a proposed project will proceed to its completion in compliance with the plans submitted by the applicant and to guarantee the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.
(Ord. 408, 1987)
A. 
This procedure shall be permitted at any time a qualified applicant wishes to enter into such an agreement for development of a property with which the applicant has a legal or equitable interest.
B. 
Nothing in this chapter shall be interpreted to require that the city council enter into a development agreement, or that any person be required to enter into a development agreement as a condition of obtaining a permit, approval or other land use grant or entitlement from the city.
(Ord. 408, 1987)
Applications to be considered by the city shall be accompanied by such information as may be deemed by the city to be necessary to describe the proposed project and assist in the preparation of the proposed agreement.
(Ord. 408, 1987)
A qualified applicant is a person or entity having legal or equitable interest in the real property which is the subject of the proposed development agreement. The zoning administrator may require an applicant to submit proof of his or her (its) interest in the real property and of the authority of an agent to act for the applicant. The zoning administrator may 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. The city attorney or zoning administrator may require an applicant or agent to submit a title report or other evidence to verify the applicant's legal or equitable interests in the subject property.
(Ord. 408, 1987)
In addition to the city and the developer, any federal, state or local government agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act ("Government Code Subsection 6500 et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement between such parties.
(Ord. 408, 1987)
A. 
A development agreement application shall be processed pursuant to Section 17.800.010.
B. 
An application shall not be found to be complete until a draft development agreement has been approved by the city attorney. Such draft agreement shall be prepared by the city staff in negotiation with the applicant. The draft agreement shall contain all of the required elements set forth in Section 17.810.009 and may include other provisions permitted by law.
C. 
Following a determination that an application is complete, including an initial study, the application shall be reviewed by the planning commission which shall hold a public hearing.
D. 
The public hearing on a development agreement shall be held concurrently with applications, if any, for any other entitlement being requested and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and petition of information.
E. 
In considering a development agreement the planning commission shall determine whether the proposed agreement conforms to the findings set forth in Section 17.810.008 and to any applicable regulations or specified criteria set forth in any provisions elsewhere in this title.
F. 
Following consideration the planning commission shall submit a recommendation to the city council in the form of a draft agreement, its findings on the proposed agreement and any related staff reports and other documents.
G. 
Following receipt of the planning commission recommendation, the application shall be reviewed by the city council which shall hold a public hearing.
H. 
Following consideration the city council may disapprove the application for a development agreement or may adopt by ordinance the proposed or a modified development agreement. The city council may refer the application back to the planning commission for consideration and recommendation if a modified agreement is being considered or in the event the city council considered matters not considered by the planning commission in its review of the application.
I. 
The planning commission may hold a public hearing on the referred application prior to making a recommendation to the city council.
J. 
Within ten days after the effective date of an ordinance approving a development agreement or any modification or cancellation thereof, the development agreement or any modification or cancellation thereof, shall be executed by all parties thereto and recorded with the Contra Costa County recorder.
K. 
The city clerk shall be the official custodian of the agreement file. Such file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments and cancellations to the agreement.
(Ord. 408, 1987)
The city council shall approve a development agreement only when the following findings can be made and are included as part of such agreement:
A. 
The development agreement is consistent with the objectives, policies, general land uses and programs specified in the community development plan and applicable specific plans;
B. 
The development agreement will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;
C. 
The development agreement will not adversely affect the orderly development of property or the preservation of property values;
D. 
The development agreement will facilitate the implementation of any applicable specific plan; and
E. 
The development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.
(Ord. 408, 1987)
The city attorney shall approve the form of each development agreement. The proposed agreement shall contain all the elements specified in subsections A through D of this section and may include any other provisions permitted by law including those specified in subsections E through G of this section:
A. 
The duration of the development agreement;
B. 
The permitted uses of the property;
C. 
The density or intensity of use, the maximum height and size of proposed buildings;
D. 
Provisions for reservation or dedication of land for public purposes;
E. 
Conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development or within the time periods set forth in the agreement;
F. 
Conditions that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;
G. 
Terms and conditions relating to applicant's financing of necessary public facilities and subsequent reimbursement over time.
(Ord. 408, 1987)
A. 
No action, inaction or recommendation regarding a 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 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 a presumption that error is prejudicial or that injury was done if error is shown.
B. 
Unless modified or amended or cancelled or terminated pursuant to this chapter a development agreement shall be enforceable by any party thereto notwithstanding any change in the community development plan or any applicable specific plan, zoning, subdivision, building regulation or other ordinance or resolution adopted by the city of Brentwood.
C. 
Except that otherwise set forth in an agreement, the rules, regulations and official policies governing permitted uses of the land, governing density and governing design, improvement and construction standards and specifications applicable to development of the property which is subject to a development agreement shall be those rules, regulations and official policies in force at the time of the execution of the agreement.
D. 
A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth herein. As used in this subsection the term "do not conflict with" means does not prevent development of the land for the uses and to the density or intensity of development and within the time periods set forth in the agreement.
E. 
A development agreement shall not prevent the city from denying or conditionally approving any subsequent project application on the basis of such existing or new rules, regulations and policies.
F. 
In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(Ord. 408, 1987)
A. 
Either party may propose an amendment to or cancellation in whole or in part of any development agreement. Any amendment or cancellation may only be by mutual consent of the parties.
B. 
Except as otherwise provided in this section, the procedure for proposing and adopting an amendment to or the canceling in whole or in part of a development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to, or a cancellation in whole or in part of, an agreement the city shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than thirty days in advance of public notice of the hearing to consider an amendment or cancellation.
C. 
Any amendment to a development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement or construction standards and specifications, or to any other condition or covenant relating to the use of the property, shall not require a noticed public hearing before the parties may execute such amendment.
(Ord. 408, 1987)
A. 
The city council shall review a development agreement annually and may refer the matter to the planning commission for its report and recommendation.
B. 
The zoning administrator shall be responsible for setting a date for initiating a review of a development agreement, which shall be held not sooner that thirty days and not more than sixty days from the anniversary date of the agreement, and shall give notice of the hearing to the applicant at least thirty days prior to the hearing.
C. 
The zoning administrator shall submit to the reviewing body a report on the progress of the development that will allow the reviewing body to determine whether, upon the basis of substantial evidence, the property owner has, for the period under review, substantially complied in good faith with the terms and conditions of the agreement.
D. 
When, in the opinion of the reviewing body it is warranted, a public hearing may be held.
E. 
If the city council finds and determines on the basis of substantial evidence that the property owner has substantially complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required.
F. 
If the city council determines on the basis of substantial evidence that the property owner has not substantially complied in good faith with the terms and conditions of the agreement during the period under review, the city council, on its own motion, may initiate proceedings to modify or terminate the agreement.
(Ord. 408, 1987)
A. 
If in the course of annual review, the city council determines that modification of the agreement is appropriate or that the agreement should be terminated, the city council shall give notice to the other party of its intention to hold a public hearing to consider modification or termination. This hearing shall be held not less than two weeks from the date the other party receives this notice. Such notice shall provide:
1. 
The time and place of the public hearing;
2. 
A statement as to whether the city council proposes to terminate or to modify the agreement, and if the latter is proposed, the proposed modification; and
3. 
Such other information which the city council considers appropriate to inform the other party of the nature of the proceedings.
B. 
At the conclusion of the hearing to consider modification or termination, the city council may refer the matter to the planning commission for a report and recommendation. Upon receipt of any such report or recommendation, the city council will take final action on the proposed modification or termination. If the city council elects to modify the agreement, it shall modify the agreement only in a manner reasonably related to the lack of substantial compliance with the terms and conditions of the agreement by the property owner. The decision of the city council shall be final and any court action or proceeding to attack, review, set aside, void or annul any decision of the determination by the city council shall be commenced within thirty days thereafter.
(Ord. 408, 1987)