Division 19.48 — DEVELOPMENT AGREEMENTS

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

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Filing. Any owner of real property may request and apply through the Director to enter into a development agreement provided that:

The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the Director; and

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.

An application for a development agreement shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

The application shall be accompanied by the information identified by the Department for development agreement applications and any other information deemed necessary by the Director.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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 Division 19.58 (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 Division 19.58 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the application and draft agreement.

C.

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.

D.

Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this Division, the General Plan, and any applicable specific plans.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Mandatory Contents. A development agreement entered into in compliance with this Division shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 [Agreement contents]).

B.

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

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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 10 days after it is executed.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Review Required. Every development agreement approved and executed in compliance with this Section shall be subject to annual City review, 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 applicant in compliance with Section

B.

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

C.

Action Based on Non-Compliance. If, 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 the terms or conditions of the agreement, the Council may order, after a noticed public hearing, that the agreement be terminated or modified.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)