A Development Agreement is a contract between the City and an applicant for a development project, in compliance with Government Code Section 65864 et seq. The purpose of a Development Agreement is to:
A. 
Facilitate development projects for which there is significant applicant contribution toward infrastructure, public facilities, open space or other amenities, or other programs of benefit to the City and its residents.
B. 
Assure the applicant that upon approval of the subject project, the project may proceed in accordance with existing City policies, rules, and regulations in place at the time of Development Agreement approval.
C. 
Encourage private participation in comprehensive planning and provision of public facilities, including, but not limited to, streets, sewerage, transportation, potable water, schools, and utilities.
D. 
Provide a net benefit to the City and its residents not otherwise obtainable through other processes.
A. 
The City may enter into a Development Agreement with any person who has controlling, legal, or equitable interest in real property for the development of the property.
B. 
Applicants for projects requiring major discretionary approvals, as determined by the Development Services Department, shall negotiate development agreements with the City to ensure that the City's interests will be protected. Terms of Development Agreements shall be commensurate with a project's anticipated impacts, while also providing a net benefit to the City and its residents not otherwise obtainable through other processes.
A Development Agreement is a legislative act. The City Council shall take action on all Development Agreement applications after considering the recommendation of the Planning Commission and Development Services Director.
An application for a Development Agreement shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department of Development Services handout for Development Agreement applications, together with all required fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.50.080 (Findings).
After the public hearing on a Development Agreement application, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council based on the findings identified in Section 17.50.080 (Findings). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public.
A. 
Approval or Denial.
1. 
Upon receipt of the Planning Commission's recommendation on a Development Agreement application, the City Council shall conduct a public hearing and take action on the application based on the findings identified in Section 17.50.080 (Findings).
2. 
The action by the City Council shall be by a majority vote of the entire Council and shall be final and conclusive.
B. 
Referral to Commission. If the City Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.
C. 
Adoption by Ordinance. If the City Council approves the Development Agreement, it shall do so by adoption of an ordinance specifying the findings identified in Section 17.50.080 (Findings). The effective date of the Development Agreement shall be the effective date of the ordinance approving the Development Agreement.
The City Council may approve an application for a Development Agreement only if all of the following findings can be made:
A. 
The Development Agreement will provide clear and substantial benefits to the City and its residents.
B. 
The Development Agreement complies with applicable policies and regulations set forth in the Zoning Ordinance, other City ordinances, the General Plan and any other applicable community or specific plan.
C. 
The Development Agreement complies with the requirements of California Government Code Sections 65864 et seq.
D. 
The Development Agreement will promote the public health, safety, and welfare, and will not be detrimental to or cause adverse effects to the residents, property, or improvements in the vicinity of the subject project.
E. 
The Development Agreement will be compatible with the uses allowed in, and the regulations that apply to, the zone in which the subject property is located.
F. 
The Development Agreement will not cause adverse effects to the orderly development of property or the preservation of property values in the City.
G. 
The Development Agreement will further important Citywide goals and policies that have been officially recognized by the City Council.
H. 
The Development Agreement will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
The City Council may attach conditions to the approval of a Development Agreement as needed to ensure compliance with all applicable standards and regulations in the Zoning Ordinance.
A. 
Mandatory Contents. All Development Agreements shall specify all of the following:
1. 
The specified duration of the Development Agreement.
2. 
The permitted uses of the subject property.
3. 
The permitted density or intensity of development of the subject project.
4. 
The maximum permitted height and size of proposed structures.
5. 
Provisions for the dedication or reservation of land for public purposes.
6. 
A specific sunset date for the Development Agreement.
B. 
Optional Contents. Development Agreements may, upon mutual agreement of the City and the applicant, specify any of the following:
1. 
The conditions, terms, restrictions, and requirements for subsequent discretionary actions.
2. 
Requirements that construction be commenced within a specified time and that the project or any phase of the project be completed within a specified time.
3. 
Terms and conditions related to applicant financing of necessary public facilities and subsequent reimbursement over time.
The Development Agreement shall be recorded in the County Recorder's Office no later than 10 days after it is approved.
A. 
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 development of the property subject to a Development Agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.
B. 
A Development Agreement does not prevent the City in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.
A. 
The City shall maintain a list of all Development Agreements. The City shall perform a periodic review of the Development Agreement at least once every 12 months, or at any other time that the City considers to be appropriate, at which time the applicant (or successor in interest) shall demonstrate good faith compliance with the terms and conditions of the Development Agreement. The review shall be limited in scope to compliance with the terms and conditions of the Development Agreement.
B. 
The costs of notice and related costs incurred by the City for review shall be borne by the applicant (or successor in interest).
C. 
Failure of the City to conduct a periodic review shall not constitute a waiver by the City of its rights to enforce the provisions of the Development Agreement. The developer shall not assert any defense to the enforcement of the Development Agreement by reason of the failure of the City to conduct a periodic review.
A. 
Result of Review. If, as a result of review under Section 17.50.130 (Periodic Review), the City determines that the applicant (or successor in interest) has not complied in good faith with the terms and conditions of the Development Agreement, the City may modify or terminate the Development Agreement.
B. 
Notice. If the City determines to proceed with modification or termination of the Development Agreement, the City shall give notice to the applicant (or successor in interest) of its intention to modify or terminate the agreement. The notice shall contain all of the following:
1. 
The time and place of the hearing, which shall be conducted by the City Council as provided in Subsection C (Hearing).
2. 
A statement of whether the City proposes to modify or terminate the Development Agreement.
3. 
Any other information the City considers necessary to inform the applicant (or successor in interest) of the nature of the proceedings.
C. 
Hearing. The City Council shall conduct a hearing on the modification or termination of the Development Agreement consistent with the following provisions:
1. 
The applicant (or successor in interest) shall be given an opportunity to be heard at the hearing.
2. 
At the hearing, the City Council may affirm, modify, or reject the determination of City staff to modify or terminate the Development Agreement.
3. 
The City Council may refer the matter back to City staff for further proceedings or for report and recommendation.
4. 
The City Council may impose conditions to the action it takes that it considers reasonable and necessary to protect the interests of the City.
5. 
The decision of the City Council on the modification or termination shall be final.