§ 13-1

a.

The California Legislature in Section 65864 of the Government Code has found that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

b.

The city council finds that development agreements can strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and assure that appropriate measures to enhance and protect the environment are achieved.

c.

The city council further finds and determines that the public safety, health, convenience, comfort, prosperity and general welfare will be furthered by the adoption of this chapter in order to provide a mechanism for the enactment of development agreements to accomplish the foregoing purposes and aims and the realization of the benefits to be derived therefrom.

(Ord. No. 1151, § 1)

13-1.004 Purpose of Development Agreement. Development agreements will ensure that private projects will be developed in an orderly and economical fashion to the benefit of the city. Development agreements will ensure the developer of a project that, after approval of the project, the project may proceed in accordance with certain existing policies, rules and regulations.

(Ord. No. 1151, § 1)

13-1.006 Authority for Adoption. This chapter is adopted under the authority of California Government Code Sections 65864-65869.5.

(Ord. No. 1151, § 1)

13-2 - Definitions.

13-2.002 Definitions. The following terms when used in this chapter shall have the following respective meanings:

a.

"City" shall mean the City of Novato, a municipal corporation.

b.

"City council" shall mean the city council of the city.

c.

"Community development director" shall mean the director of the city's department of community development or his authorized representative.

d.

"Developer" shall mean a person who has a legal or equitable interest in real property, and who applies for a development agreement for a project on that property pursuant to the procedures specified in this chapter, and who executes and is bound by the terms of the development agreement.

e.

"Development agreement" shall mean a development agreement entered into between the city and a developer pursuant to Government Code Sections 65864-65869.5 and this chapter.

f.

"Person" shall mean an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, tribunal or any other form of business or legal entity.

g.

"Planning commission" shall mean the planning commission of the city.

h.

"Project" shall mean the development project that is the subject of a development agreement.

(Ord. No. 1151, § 1)

13-3 - Eligibility and Application Processing.

13-3.002 Projects Eligible for Development Agreements. The city council may approve a development agreement as a method of encouraging completion in a timely manner of a permit or approval issued by the city, including:

a.

General plan amendment

b.

Master plan

c.

Precise development plan

d.

Tentative map

(Ord. No. 1151, § 1)

13-3.004 Forms and Information.

a.

The community development director shall prescribe the form of each application, notice, and document required for the consideration and implementation of a development agreement.

b.

The community development director may require a developer to submit such additional information and supporting data as the community development director, city council and/or other city agency considers necessary to properly process the application.

(Ord. No. 1151, § 1)

13-3.006 Fees. The city council shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or approved under this chapter, including appeals, annual reviews, and administration of approved development agreements.

(Ord. No. 1151, § 1)

13-3.008 Parties to a Development Agreement.

a.

The community development director shall require a developer to submit evidence of the nature of the developer's interest in the property and of the authority of the Developer, if the developer is not the sole owner, to apply for the development agreement.

b.

In addition to the city and developer, any Federal, State or local governmental agency or body, or any nonprofit agency may be included as a party to any development agreement.

(Ord. No. 1151, § 1)

13-3.010 Application For a Development Agreement. Each application shall be accompanied by a proposed development agreement on the city's then standard form of development agreement, and shall include any specific proposals for changes in or additions to the language of the standard form. Any proposed development agreement shall contain the provisions required under this chapter and shall also include any other relevant provisions which may be deemed necessary by the community development director.

(Ord. No. 1151, § 1)

13-3.012 Review of Application.

a.

The community development director shall review each application to determine whether it is complete and accurate. If the application is found to be incomplete or inaccurate, the community development director shall reject the application and inform the applicant of the items necessary to properly complete the application. The community development director shall reject any application where the development agreement clearly would be inconsistent with the general plan, any applicable master or precise development plan, zoning or any other land use regulations applicable to the subject property. If the application for a development agreement is submitted in conjunction with an application for other land use approvals, the proposed development agreement shall be reviewed for consistency with the existing and, separately, the proposed land use approvals.

b.

If the community development director determines that the application is complete and accurate, copies of the application shall be forwarded to each appropriate city department and, after consultation with each department, the director shall prepare a staff report and recommendation to the planning commission.

(Ord. No. 1151, § 1)