Chapter 19.84 — DEVELOPMENT AGREEMENTS

This chapter is adopted in compliance with the provisions of California Government Code Sections 65864 through 65869.5 .

(Ord. 5428 § 1, 2014)

• A. Eligibility to Apply. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. The Planning Manager may require an applicant to submit proof of the applicant’s interest in the real property and of the authority of any agent to act for the applicant. Before processing the application, the Planning Manager may obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement.

• B. Application Content. The Planning Manager shall prescribe the form for each application along with a processing fee as adopted by the City Council. The Planning Manager may require an applicant to submit such information and supporting data as the Planning Manager considers necessary to process the application.

• C. Form of Agreement. Each application shall be accompanied by the form of standard development agreement established by the City and approved by the Council with any additional alternatives, modifications or changes proposed by the applicant.

• (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)

The Planning Manager shall give notice of the City’s intention to consider adoption of a development agreement in conjunction with any other public hearing required by law or this Zoning Ordinance, at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section 19.78.020 of this title. (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)

After a hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project including amendments to the general plan, rezonings, subdivision maps, or Conditional Use Permits, the Planning Commission shall make its recommendation in writing to the Council. The recommendation shall include consideration of the following:

• A. Consistency with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

• B. Consistency with the provisions of this title;

• C. Conformity with public health, safety and general welfare;

• D. The effect on the orderly development of property or the preservation of property values; and

• E. Whether the provisions of the agreement shall provide sufficient benefit to the City to justify entering into the agreement.

• (Ord. 5428 § 1, 2014)

Following notice as provided by Section 19.78.020 of this title, the Council shall hold a public hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. If the Council approves the development agreement, it shall do so by the adoption of an ordinance. After the

ordinance approving the development agreement takes effect, the City may enter into the agreement. (Ord. 5428 § 1, 2014)

Either party may propose an amendment to, or cancellation in whole or in part, of an executed development agreement. If proposed by the developer, the procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 days’ notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.

(Ord. 5428 § 1, 2014)

• A. Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the county recorder.

• B. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65865.1 for failure of the application to comply in good faith with the terms or conditions of the agreement, the City Clerk shall likewise have record notice of such action with the county recorder.

• (Ord. 5428 § 1, 2014)

The City shall review the development agreement every 12 months from the date the agreement is entered into.

• A. The Planning Manager shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. The Planning Manager shall give the notice at least 30 days before the date when the matter shall be considered by the Council.

• B. The Council shall receive the Planning Manager’s report at a regularly scheduled City Council meeting. A public hearing may be held but is not required. At the meeting, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given as provided by Section 19.78.020 .

• C. The Council shall determine whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

• D. If the Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the Council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council shall order the property owner to cure the default within 60 days. If the property owner fails to do so, the Council may modify or terminate the agreement.

• (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)