Chapter 88.53 — DEVELOPMENT AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of development agreements, consistent with Government Code Sections 65864, et seq.

A.

Filing. Any person having legal or equitable interest in real property for the development of the property may request and apply through the director to enter into a development agreement provided that the application is made on forms approved, and contains all information required, by the director.

B.

Processing. The director is hereby empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

C.

Application Filing and Processing.

1.

An application for a development agreement shall be filed and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing).

2.

The application shall be accompanied by the information identified in the department handout for development agreement applications.

A.

Commission Consideration. Upon finding the application for a development agreement complete, the director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the commission in compliance with Chapter 88.58 (Public Hearings). Following conclusion of the public hearing, the commission shall make a written recommendation to the council.

B.

Council Consideration. Upon receipt of the commission's recommendation, the city clerk shall set the application, draft agreement, and written report for public hearing before the council in compliance with Chapter 88.58 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application and draft agreement.

C.

Required Findings for Approval. The approval of a development agreement shall require that the review authority first find that the agreement and approved development are consistent with the general plan.

D.

Council Action. Should the council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the city manager.

E.

Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this chapter, the general plan, and any applicable specific plans.

A.

Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions specified by state law (Government Code Section 65865.2 [Agreement contents]), including the following specific provisions.

1.

The duration of the agreement.

2.

The permitted uses of the property.

3.

The density or intensity of permitted uses.

4.

The maximum height and size of proposed structures.

5.

Provisions for reservation or dedication of lands for public purposes.

6.

The development agreement may also contain the following information:

a.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, provisions, and requirements to not prevent development of land for the purposes and level of use set forth in the agreement.

b.

Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

B.

Permissive Contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions specified by state law (Government Code Section 65865.2 [Agreement contents]).

A.

Effective Date. The city shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B.

Recordation. A development agreement shall be recorded in the office of the county recorder no later than ten days after it is executed.

A.

Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules,

regulations, and official policies governing allowed uses of the land, density and intensity of use, 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.

Additional Requirements. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations, and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

A.

Changes to Approved Development. If any development agreement is amended during its term, any change shall be consistent with the provisions of the general plan and any applicable specific plan.

B.

Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the general plan as of the adoption date of the amended development agreement.