§ 17.60

A.

These provisions establish procedures and requirements for the consideration of Development Agreements between property owners and the City. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the California Government Code, and shall be so construed.

B.

Interpreting the provisions of any Development Agreement entered into pursuant to this chapter, those provisions shall be read to fully implement, and to be consistent with, the language of this chapter, Article 2.5 of the California Government Code, cited above, and the agreement itself.

(Zoning Ord. dated 1/31/06, § 9115.01.)

Any owner of real property or other person having a legal or equitable interest in the property may request and apply to enter into a Development Agreement on forms provided by the Director, consistent with the provisions of Chapter 17.48, Application and Fees.

(Zoning Ord. dated 1/31/06, § 9115.02.)

A.

The Director shall set the application, together with recommendations, for public hearing pursuant to Chapter 17.68, Hearings and Appeals.

B.

In the event the Council approves or conditionally approves the application, it shall, as a part of its action of approval, direct the City Attorney to prepare a Development Agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as a resolution authorizing execution of Development Agreement by the City Manager.

C.

The resolution shall set forth findings, and the facts supporting them, that the Development Agreement is consistent with the General Plan and any applicable Specific Plans, this Zoning Ordinance, and that it will promote the welfare and public interest of the City.

(Zoning Ord. dated 1/31/06, § 9115.03.)

A.

Mandatory Contents. Development Agreements entered into pursuant to this chapter must contain provisions that set forth:

1.

The specific duration of the agreement;

2.

The specific permitted uses of the property,

The specific density or intensity of the proposed use(s);

4.

Provisions, if any, for reservation or dedication of land for public purposes;

5.

Provisions not permitting protection from a future increase in development fees;

6.

Provisions for a tiered amendment review procedure such as:

a.

Director sign-off for small changes;

b.

Commission sign-off for large changes; and

c.

Major amendments by Council; and

7.

Provisions for a health and safety exception such as a "compelling public necessity".

B.

Permissive Contents. Development Agreements entered into pursuant to this chapter may include:

1.

Terms, conditions, restrictions, and requirements for subsequent discretionary actions;

2.

Provisions for timing of entitlements, improvements or other components of the project;

3.

The terms and conditions of financing of public improvements; and

4.

Terms, conditions and requirements which the Council may deem necessary and proper, including, but not limited to, a requirement for assuring, to the satisfaction of the City, performance of all provisions of the

agreement in a timely fashion by the applicant.

(Zoning Ord. dated 1/31/06, § 9115.04.)

A.

The Development Agreement shall not be executed by the City until on or after the date upon which the resolution approving the agreement and enacted becomes effective.

B.

A Development Agreement that has been properly executed shall be recorded in the office of the County Recorder no later than 10 days after it is entered into.

(Zoning Ord. dated 1/31/06, § 9115.05.)

Approval or conditional approval of a Development Agreement, pursuant to this chapter shall be deemed a discretionary action for purposes of the California Environmental Quality Act (CEQA).

(Zoning Ord. dated 1/31/06, § 9115.06.)

A.

All Development Agreements approved and executed pursuant to this chapter shall be reviewed every year following the date of execution, to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the Development Agreement. The burden shall be on the applicant or its successor to demonstrate such compliance to the full satisfaction of, and in a manner as prescribed by the City.

B.

In the event that, as a result of periodic review, the Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with terms or conditions of the agreement, the Council may order, after hearing, that the agreement be terminated or modified.

(Zoning Ord. dated 1/31/06, § 9115.07.)

A.

The rules, regulations and official policies governing permitted uses of the land, density limits, and design standards, 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, unless otherwise provided by the Development Agreement.

B.

A Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the Development Agreement, nor does a Development Agreement 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.

(Zoning Ord. dated 1/31/06, § 9115.08.)

17.60.090 - Approved development agreements.

Approved Development Agreements shall be kept on file with the City Clerk.

(Zoning Ord. dated 1/31/06, § 9115.09.)

Chapter 17.64 - GENERAL PLAN AMENDMENTS