The purpose of this chapter is to establish a procedure for the preparation, adoption, and administration of Development Agreements and to implement Government Code Section 65864 et seq., authorizing governmental entities to enter into legally binding agreements with private parties. A Development Agreement is a contract that is negotiated and voluntarily entered into by the City and applicant and may contain any additional or modified conditions, terms, or provisions agreed upon by the parties.
(Ord. 20-03 § 6)
An applicant with legal or equitable interest in the real property that is the subject of the proposed Development Agreement may request and apply through the 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 the property, is established to the satisfaction of the Director.
B. 
The application is made on approved forms and contains all the information required by the City.
C. 
The application is accompanied by all lawfully required documents, materials, and supporting information.
(Ord. 20-03 § 6)
A. 
The City Manager, in consultation with the City Attorney, may negotiate the specific components and provisions of the Development Agreement on behalf of the City for recommendation to the City Council.
B. 
The City Council has the exclusive authority to approve a Development Agreement.
(Ord. 20-03 § 6)
An applicant for a development project may request that the City review the application as a Development Agreement application in accordance with the following procedures:
A. 
Application Submittal. An applicant must submit an application for a Development Agreement on a form prescribed by the City, accompanied by a fee according to the City’s fee schedule. The Director must require an applicant to submit proof of the applicant’s interest in the real property and of the authority of any agent to act for the applicant.
B. 
Recommendations of the Planning Commission. Following conclusion of a public hearing, the Planning Commission must make a written recommendation to the City Council regarding the application.
C. 
Required Findings. In order for the Planning Commission to recommend adoption of and for City Council to adopt a Development Agreement all of the following findings must be made:
1. 
The Development Agreement is consistent with the goals, objectives, policies, general land uses, and programs specified in the General Plan and any applicable Specific Plan.
2. 
The Development Agreement is or will be compatible with the uses authorized in this Title, the district, and any applicable Specific Plan in which the property is located.
3. 
The Development Agreement will provide substantial public benefits.
4. 
The Development Agreement will be non-detrimental to the public health, safety and general welfare of persons residing or working in the neighborhood, and to property and improvements in the neighborhood.
5. 
The Development Agreement complies with the provisions for the implementation of the California Environmental Quality Act.
D. 
City Council Determination. Upon receipt of the Planning Commission’s recommendation, the City Clerk must set the application and written report of the Planning Commission for a public hearing before the City Council in compliance with Chapter 17.52, Common Procedures. The City Council will not approve a proposed Development Agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan.
(Ord. 20-03 § 6)
A. 
Effective Date. The City shall not execute any Development Agreement until on or after the date on which the ordinance approving the Development Agreement becomes effective, and until it has been executed by the applicant.
B. 
Execution. The applicant shall submit a signed copy of the Development Agreement before the ordinance approving the agreement is placed on the City Council agenda for adoption. Should the applicant fail or refuse to sign the Development Agreement, the City Council will adopt a resolution denying the application.
C. 
Recordation. A Development Agreement shall be recorded with the Santa Barbara County Recorder no later than 10 days after its execution, in compliance with Government Code Section 65868.5
D. 
Refusal to Sign. If the parties to the Development Agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to comply fully with the provisions of the Development Agreement, the City Clerk must record notice of such action with the Santa Barbara County Recorder.
(Ord. 20-03 § 6)
Finding of Compliance or Noncompliance. The Director must review the Development Agreement periodically for compliance with the provisions of the Development Agreement. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director must specify in writing to the applicant, the respects in which the applicant has failed to comply and must set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement must be referred to the City Council for termination, modification, or rescission of finding of noncompliance following a public hearing.
(Ord. 20-03 § 6)
A. 
Termination after Finding of Noncompliance. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.
B. 
Recordation. If the parties to the Development Agreement or their successors in interest amend or terminate the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk must record notice of such action.
C. 
Rights of the Parties after Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement must terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return or not return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.
(Ord. 20-03 § 6)
A. 
Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density, design, and improvement standards and specifications applicable to development of the property must be those City rules, regulations, and official policies in force on the effective date of the Development Agreement. The applicant must not be exempt from otherwise applicable City ordinances or regulations pertaining to persons contracting with the City.
B. 
Future Rules and Regulations. A Development Agreement will not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement. A Development Agreement will not prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement will not exempt the applicant from obtaining future discretionary approvals.
C. 
State and Federal Rules and Regulations. In the event that any applicable law enacted or interpreted after a Development Agreement becomes effective prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.
D. 
Severability Clause. Should any provision of this chapter or a subsequent Development Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this chapter and the Development Agreement must remain in full force and effect, unimpaired by the holding, except as may otherwise be provided in the Development Agreement.
E. 
To Be Effective. In addition to any other requirement of applicable law, no Development Agreement can take effect, unless it is approved by ordinance; executed by the Mayor or City Manager (when directed by the City Council); and approved as to form by the City Attorney.
(Ord. 20-03 § 6)
A Development Agreement may be enforced, amended, modified, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.
(Ord. 20-03 § 6)
The approval of a Development Agreement shall be subject to dates and timing of the associated Discretionary Action and/or any underlying Zoning Permit or as otherwise specified in the Development Agreement.
(Ord. 20-03 § 6)