Chapter 21.38 — DEVELOPMENT AGREEMENTS

§ 21.38.010. Purpose. ¶

(a) Procedures. This chapter provides procedures and requirements for the review, approval and amendment of development agreements.
(b) State Law. The provisions of this chapter are consistent with the provisions of state law governing development agreements (Article 2.5 of Section 4 of Chapter 1 of Title 7 , commencing with Government Code Section 65864 ).
(Ord. 1308 § 5, 2000)

§ 21.38.020. Applicability. ¶

(a) Initiation. Consideration of a development agreement may be initiated by:
- (1) The council; or
- (2) Property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.
(b) Fully Effectuate. In construing the provisions of any development agreement executed in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of Chapters 21.32 . through 21.50 of this title, state law cited above and the agreement itself.
(c) Discrepancies. If an apparent discrepancy between the meaning of these documents arises, reference shall be made to the following documents, and in the following order:
- (1) The terms of the development agreement itself;
- (2) The provisions of this chapter; and
- (3) The provisions of state law cited above.
(Ord. 1308 § 5, 2000)

§ 21.38.030. Review authority. ¶

Applications for a development agreement shall be considered by the commission and council in compliance with subsection (e) of Section 21.38.040 (Notice and public hearings) of this chapter. (Ord. 1308 § 5, 2000)

§ 21.38.040. Application filing, processing and review. ¶

(a) Application Requirements. An owner of real property may request and apply through the director to enter into a development agreement provided the following:
- (1) The development agreement, if approved, would be in the best interests of the city;
- (2) The status of the applicant as an owner of the property is established to the satisfaction of the director;
- (3) The application is made on approved forms and contains all information required by the director; and
- (4) The application is accompanied by all lawfully required documents, information, materials and applicable fees, in compliance with subsection (c) (Processing and review fees) of this section.
(b) Director. The director shall receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.
(c) Processing and Review Fees.
- (1) Processing Fees. Processing fees, as established by the city's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter.
- (2) Periodic Reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with Section 21.38.060 (Periodic reviews) of this chapter.
(d) Content of Development Agreement.
- (1) 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]).
- (2) 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]).
(e) Notice and Public Hearings.
- (1) Notice. Notice of the hearings, identified in paragraphs (2) and (3) of this subsection, shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law.
- (2) Commission. The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 21.58 (Public Hearings) of this title. Following conclusion of the public hearing, the commission shall forward a written recommendation to the council that it approve, conditionally approve or disapprove the application.
- (3) Council. Upon receipt of the commission's recommendation, the city clerk shall set the application and written recommendation of the commission for a public hearing before the council in compliance with Chapter 21.58 (Public Hearings) of this title. Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application in compliance with paragraph (7) of this subsection.

ommission's recommendation, the city clerk shall set the application and written recommendation of the commission for a public hearing before the council in compliance with Chapter 21.58 (Public Hearings) of this title. Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application in compliance with paragraph (7) of this subsection.

(4) Terms and Conditions. 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 terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the mayor.
(5) Ordinance. The ordinance shall be in compliance with state law and shall contain the findings identified in paragraph (7) of this subsection and the facts supporting them.
(6) Evidence. It is the responsibility of the applicant to establish evidence in support of the required findings.
(7) Findings. The development agreement shall be approved only if the following findings of fact can be made in a positive manner:
- (A) The development agreement would be in the best interests of the city.
- (B) The development agreement is consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this title.
- (C) The development agreement would promote the public convenience, health, interest, safety or welfare of the city.

(8) Referendum. The ordinance may be subjected to referendum in compliance with state law. (Ord. 1308 § 5, 2000)

§ 21.38.050. Execution and recordation. ¶

(a) Effective Date. The city shall not execute a development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with subsection (e) of Section 21.38.040 of this chapter, becomes effective.
(b) Mutual Consent. A development agreement may be executed only on the mutual written consent of each party to the agreement.
(c) Conditioning Approval. The provisions of this chapter shall not be construed to prohibit the director, commission or council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law.
(d) 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.
(Ord. 1308 § 5, 2000)

§ 21.38.060. Periodic reviews. ¶

(a) Periodic Reviews Required.
- (1) Every development agreement, approved and executed shall be subject to periodic reviews, as specified in the agreement, by the director/commission during the full term of the agreement.
- (2) Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with subsection (c) of Section 21.38.040 of this chapter.
(b) Purpose of Review.
- (1) The purpose of the review shall be to determine whether the applicant/contracting party or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement.
- (2) The burden of proof shall be on the applicant/contracting party or the successor(s)-ininterest to demonstrate compliance, to the full satisfaction of and in a manner prescribed by, the director.
(c) Compliance with the Terms or Conditions. If the commission finds, on the basis of substantial evidence, that the applicant/contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the commission may recommend to the council that it order, after a noticed public hearing in compliance with Section 21.58 (Public Hearings) of this title, the agreement to be terminated or modified.
(Ord. 1308 § 5, 2000)

§ 21.38.070. Amendment or cancellation of development agreement. ¶

(a) Amendments or Cancellations. A development agreement may be amended or canceled, in whole or in part, by mutual agreement of all parties to the agreement, or their successor(s)-ininterest.
(b) Processing Procedures. The requested amendment or cancellation shall be processed in the same manner identified by this chapter for the adoption of a development agreement.
(Ord. 1308 § 5, 2000)

§ 21.38.080. Effect of development agreement. ¶

(a) Rules, Regulations and Policies. Unless otherwise provided by the development agreement, the policies, regulations and rules governing allowed uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the policies, regulations and rules in force at the time of execution of the agreement.
(b) Applying New Policies, Regulations, and Rules. 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 policies, regulations and rules which do not conflict with those policies, regulations and rules applicable to the property under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving a subsequent development project application on the basis of existing or new policies, regulations and rules.
(Ord. 1308 § 5, 2000)

§ 21.38.090. Approved development agreements. ¶

Development agreements approved by the council shall be on file with the city clerk. (Ord. 1308 § 5, 2000)