Chapter 17.590 — DEVELOPMENT AGREEMENTS

This Chapter provides procedures and requirements for the review and approval of development agreements consistent with the provisions of State law.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

• A. Initiation. Consideration of a Development Agreement may be initiated by:

1. The Council; or

2. Property owner(s) or other person having a legal or equitable interest in the property proposed to be subject to

the agreement.

• (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

• A. Owner's Request. An owner of real property may request and apply through the Division to enter into a Development Agreement, provided that:

1. The status of the applicant as property owner or bona fide representative of the owner is established to the

satisfaction of the Director;

2. The application is accompanied by all documents, information, and materials required by the Division.

• B. Director Review. The Director shall receive, review, process, and prepare recommendations for Commission and Council consideration on all applications for development agreements.

• C. Concurrent Processing and Public Hearings. All development-related applications shall be processed and

scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all associated applications.

D. Fees. The application for a Development Agreement shall include the processing fee established by the City Council Fee Resolution. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director in compliance with § 17.590.040.A. (Periodic Review).

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Commission Hearing. Upon finding the application for a Development Agreement complete, the Director shall set the date for a public hearing before the Commission, in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

B. Council Hearing. Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, with appropriate findings in compliance with § 17.590.020.E. (Required Findings) below.

If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Cal. Gov’t Code § 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.

C. Notice of the Hearings. Notice of the hearings, outlined in § 17.590.020.A. (Commission Hearing) and § 17.590.020.B. (Council Hearing) above, shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law (Cal. Gov’t Code § 65867).

D. Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Cal. Gov’t Code § 65867.5).

E. Required Findings. The ordinance shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings:

1. The Development Agreement is in the best interests of the city, promoting the public interest and welfare;

2. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable

Specific Plan, and this Title;

3. The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of §

17.590.025.A. (Mandatory Contents) and § 17.590.025.B. (Permissive Contents), below.

F. Referendum. The ordinance is subject to referendum in compliance with State law (Cal. Gov’t Code § 65867.5). (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Mandatory Contents. A Development Agreement entered into in compliance with this Chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]).

B. Permissive Contents. A Development Agreement entered into in compliance with this Chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the Council, including provisions for the payment to the city of monetary consideration.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

B. Conditioning Approval. The provisions of this Chapter shall not be construed to prohibit the Director, Commission or Council from conditioning approval of a discretionary permit or entitlement on the execution of a Development Agreement, where the condition is otherwise authorized by law.

C. Recordation. A Development Agreement shall be recorded with the County Recorder no later than ten days after it is executed, in compliance with State law (Cal. Gov’t Code § 65868.5).

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

The approval or conditional approval of a Development Agreement in compliance with this chapter shall be deemed a discretionary act for purposes of CEQA.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Periodic Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director during the full term of the agreement.

Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the contracting party, in compliance with § 17.590.015 (Application Filing, Processing and Review) above.

B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

C. Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the Director finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.

The procedures for the termination or modification hearing shall comply with § 17.590.020 (Public Hearings) above. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Cal. Gov’t Code § 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a Development Agreement.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Rules, Regulations and Policies. 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, and Building Code provisions 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. State Law. In compliance with State law (Cal. Gov’t Code § 65866), unless specifically provided for in the Development Agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application, on the basis of existing or new rules, regulations, and policies.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

Development Agreements approved by the Council shall be on file with the City Clerk. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)