Division 14 — DEVELOPMENT AGREEMENTS

SEC. 36.54. - Development agreements. SEC. 36.54.05. - Purpose.

a.

This section outlines the procedures and requirements for the review and approval of development agreements pursuant to the California Government Code. A development agreement is a contract between the city and an applicant for a development project provided for in the California Government Code. A development agreement provides assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules and regulations after such approval. In return, the city is assured that the applicant will provide infrastructure and/or pay fees required by a new project that is constructed over a period of time.

b.

In defining the provisions of any development agreement executed in compliance with this section, each provision shall be consistent with the language of this section, state law and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order of precedence:

1.

The provisions of federal or state law;

2.

The plain terms of the development agreement itself; and

3.

The provisions of this section.

(Ord. No. 18.13, § 1, 12/10/13.)