A. 
This title shall be known as the "Development Agreement Ordinance" of the Municipal Code and is adopted to supplement and implement Article 2.5, Development Agreements, of the state Planning and Zoning Law.
B. 
It is the purpose of this title to:
1. 
Minimize the waste of resources and the escalation in the costs of housing and other development arising from uncertainties inherent in the approval of such projects; and
2. 
Provide a means of assuring that, upon approval of a project, the project may proceed with development in accord with the rules, regulations and policies made part of the development agreement.
(Ord. 94-04)
A. 
Except as otherwise provided in this title, all of the provisions of Government Code Section 65864, et seq., and this title shall apply to the establishment of development agreements.
B. 
In applying this title, the City shall consider the effect of its ordinances and actions on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
(Ord. 94-04)
No development agreement shall be applied for, processed, or approved except in accordance with the provisions of Government Code Section 65864, et seq., and this title.
(Ord. 94-04)
A. 
An applicant may apply for a development agreement for the following projects:
1. 
Any residential, commercial, office professional, visitor-serving commercial or industrial project;
2. 
A project which provides a public service, public facilities, or both, whether initiated by a public agency or by a private party pursuant to a requirement imposed by a public agency.
B. 
Coastal Zone Exemption. A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code unless:
1. 
The required local coastal program has been certified prior to the date on which the development agreement has been entered into; or
2. 
In the event that the local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.
(Ord. 94-04)
A. 
Form of Application. An application for consideration for a development agreement shall be made on a form approved by the Planning and Building Director (Director) as accomplishing the purposes of this Code.
B. 
Additional Information. The Director may require an applicant for a development agreement to submit such additional information and supporting data as the Director considers necessary to process the application in a manner that will accomplish the purposes of this Code.
C. 
Initiation. A development agreement may be initiated by an application presented by a person having legal or equitable interest in the real property which is the subject of the application, or a duly authorized agent of such person(s).
(Ord. 94-04)
The Director shall determine the amount of the deposit or fee for the filing of a development agreement application by reference to a cost schedule approved by resolution of the City Council.
(Ord. 94-04)
An application for a development agreement for a development which qualifies as a project under the California Environmental Quality Act (CEQA) shall be subject to environmental review in accordance with CEQA and the adopted City guidelines for the implementation of CEQA.
(Ord. 94-04; Ord. 2017-07)
A. 
Upon receipt of the application, the Director shall endorse on the application the date it is received. The Director shall review the application and determine any additional requirements or information needed to complete the development agreement application. An application may be rejected by the Director if it is not completed in the manner required by this chapter.
B. 
After receiving a complete application, the Director shall prepare a staff report which shall analyze the proposed development agreement and shall recommend as to whether or not the development agreement, as proposed or in an amended form, would be consistent with the general plan and/or any applicable specific plan.
(Ord. 94-04)
A. 
Upon completion of the staff report, in addition to any other notice required by law, the Director shall give notice of intention to consider adoption of a development agreement. The notice shall contain:
1. 
The time and place of the public hearing;
2. 
A general explanation of the development agreement, including a general description of the property which is subject to the proposed agreement;
3. 
Other information considered by the Director to be necessary or desirable to properly notice the public hearing.
B. 
The notice required by this chapter shall be given in the manner provided in Section 30.01.070 of the Municipal Code.
C. 
In accordance with state law, the failure of any person to receive lawfully required notice of any hearing prescribed herein, shall not affect the authority of the City Council to enter into a development agreement.
(Ord. 94-04)
A. 
The Planning Commission shall conduct a public hearing on the proposed development agreement at the time and place specified in the notice of intention. Where applicable, development agreement applications shall be considered concurrently with other discretionary permits or approvals for a project.
B. 
Upon completing the public hearing, the Planning Commission shall render its decision in the form of a draft resolution of the City Council recommending to the City Council approval, modification or disapproval of the development agreement. The draft resolution shall include the commission's determination on the findings listed in this chapter.
(Ord. 94-04)
A. 
Upon receipt of the Planning Commission's recommendation and draft resolution, the City Clerk shall set the matter for public hearing before the City Council.
B. 
The City Council may refer back to the Planning Commission for its report and recommendation any matters raised during the City Council hearing that were not previously considered during Planning Commission deliberations. The Planning Commission need not hold a public hearing on such referrals.
C. 
Upon completing the public hearing, the City Council may approve, modify or disapprove the application for a development agreement.
D. 
The City Council shall not approve a development agreement unless it finds in writing that the agreement is consistent with the following:
1. 
The goals, policies, objectives and general land uses and/or programs of the general plan and any applicable specific plan;
2. 
The agreement will not be detrimental to the health, safety and general welfare of the community and that it will not adversely affect the orderly development of property;
3. 
The agreement complies with Government Code Sections 65864 through 65869.5.
E. 
Development agreements shall be adopted by ordinance and are subject to referendum. Such ordinance shall authorize the City Manager to sign the agreement on behalf of the City.
F. 
In addition to the mandatory provisions of a development agreement required by Government Code Section 65864 et seq., a development agreement may include, without limitation, the following provisions:
1. 
Conditions relative to financing of necessary public improvements/facilities and subsequent reimbursement over time, if applicable;
2. 
A schedule for commencement and completion of the project and any phases thereof, including both private and public improvements;
3. 
Conditions, terms, restrictions and requirements for any subsequent discretionary action(s) by the City, provided that such conditions etc. shall not prevent or preclude development of the land for the uses, and to the density/intensity of use, set forth in the agreement;
4. 
The specific date upon which the development agreement will expire shall be included. In establishing the duration of the development agreement, the following will be considered:
a. 
The degree to which the proposed time frame may preempt or impair effective long range planning for the area,
b. 
Permitted use of surrounding properties and the potential for their development over the life of the agreement,
c. 
The nature, size and complexity of the project covered by the agreement, and
d. 
Short term verses long term market demand for the project;
5. 
An alternative procedure for processing insubstantial amendments which includes a precise definition of the term "insubstantial amendment";
6. 
Any other terms or conditions agreed to by the parties.
(Ord. 94-09)
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 or irregularity, as more specifically set forth in Government Code Section 65801.
(Ord. 94-09)
Within 10 working days of the date on which the City enters into, amends or terminates a development agreement, the City Clerk shall have the agreement, amendment or notice of termination recorded with the County Recorder.
(Ord. 94-09)
A. 
A development agreement may be modified, or terminated in whole or in part, by mutual consent of the developer (or the successor in interest) and the City.
B. 
Should the City Council determine on the basis of substantial evidence, that one or more terms of the development agreement have not been complied with, it may initiate proceedings to modify or terminate the agreement. City Council action to modify or terminate the agreement shall be taken at a public hearing, after written notice of the Council's intent has been given to the other party and pursuant to Section 25.02.030. In addition to the requirements of Section 25.02.020, such notice shall contain:
1. 
The time and place of the public hearing;
2. 
A statement as to whether or not the City Council intends to modify or terminate the agreement; and
3. 
A list of the terms and/or conditions of the agreement which have not been complied with in a good faith manner and a summary of the factual basis upon which the determination of noncompliance was made.
C. 
In modifying a development agreement, the City Council may, as part of its final determination, impose such conditions as it considers necessary and appropriate to protect the City's interests.
D. 
The decision of the City Council to modify or terminate an agreement shall be final. Any court action or proceedings by the applicant or a successor in interest to attack, review, set aside, void or annul any decision or determination of the City Council shall be commenced within 30 calendar days of the City Council's action.
(Ord. 94-09)
Each development agreement shall be reviewed administratively by the Director at least every 12 months. In the course of the review, the developer or successor in interest thereto shall be required to demonstrate good faith compliance with the terms and conditions of the development agreement. Upon a finding by the Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council.
(Ord. 94-09; Ord. 2017-07)