Article IV — Applications and Forms

• (a) The Planning Director shall prescribe the form of each application, notice, and documents provided for or required under this chapter for the preparation and implementation of development agreements consistent with the provisions of this chapter.

• (b) The Planning Director may require an applicant for a development agreement to submit such information and supporting data as the Planning Director, City Council, and other agencies to which the applicant is referred under this chapter consider necessary to properly process the application.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-5)

The City Council shall, from time to time by separate resolution or resolutions, fix schedules of fees and charges to be imposed for the filing, processing, and recording of each application and document provided for or required under this chapter, which fees and charges as then currently prescribed shall accompany each application made under this chapter.

These fees and charges shall be in addition to, and not in substitution of, any other required fees and charges relative to development of the subject property and shall be for the purpose of defraying the costs associated with City review and action on an application. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-6)

• (a) Except as provided in SCCC § 17.10.080(a) , only a qualified applicant may file an application to enter into a development agreement. A qualified applicant includes an authorized agent of a qualified applicant. The Planning Director may require an applicant to submit proof of his/her interest in the real property and of the authority of the agent to act for the qualified applicant. Such proof may include a title report, policy or guarantees issued by a title company licensed to do business in the State of California evidencing the requisite interest of the applicant in the real property. If the application is made by the holder of an equitable interest, the application shall be accompanied by a verified title report and by a notarized statement of consent to proceed with

the proposed development agreement executed by the holder of the legal interest. Before processing the application, the Planning Director shall obtain the opinion of the City Attorney as to the sufficiency of the qualified applicant's interest in the real property to enter into the development agreement as a qualified applicant hereunder.

• (b) Other Parties. In addition to the City and qualified applicant, any Federal, State or local governmental agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) providing for joint powers agreements, or provisions of other applicable Federal, State or local law, in order to create a legally binding agreement between such parties.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-7)

• (a) Initiation by Application. An application for a development agreement may be made to the Planning Director in accordance with the procedures set forth herein.

  • (1) Application may be made by any qualified applicant.

  • (2) Application may be made by the Planning Commission or the City Council. If an application is made for a development agreement by the Planning Commission or City Council, the City shall obtain and attach a notarized statement of consent to proceed with the proposed agreement executed by the owner of the subject property.

• (b) Contents of the Application. The application shall be on a form prescribed by the City Planning Director and shall be accompanied by a proposed ordinance and development agreement.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-8)

Each application shall be accompanied by the form of development agreement proposed by the qualified applicant or as authorized in SCCC § 17.10.080 . This requirement may be met by designating the City's then standard form of development agreement and including specified proposals for changes in or additions to the language of the standard form or by submitting a form of development agreement prepared by the qualified applicant and proposed to be used under this chapter. Any such development agreement prepared by a qualified applicant shall contain the provisions required under SCCC § 17.10.110 , § 17.10.340 , and § 17.10.360 and shall also include the following:

• (a) The parties to the development agreement;

• (b) The nature of the qualified applicant's legal or equitable interest in the real property constituting such person as a qualified applicant hereunder;

• (c) A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this chapter. Such description may include, but is not limited to, references to site and building plans, elevations sufficient to determine heights and areas, relationships to adjacent properties and operational data. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

• (d) An identification of the approvals and permits for the development project enacted to the date of or contemplated by the development agreement;

• (e) The proposed duration of the development agreement;

• (f) The proposed phasing of the construction, and any public improvements to be required;

• (g) A program and criteria for regular periodic review under this chapter;

• (h) Proposed provisions providing security for the performance of the qualified applicant under the development agreement;

• (i) Any other relevant provisions which may be deemed necessary by the Planning Director pursuant to this chapter.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-9)

• (a) Upon submission of an application for a development agreement, the Planning Director shall stamp on the application the date it is received. He shall within thirty (30) days after receipt of application review the application and accompanying documentation for legal sufficiency, compliance with technical requirements and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete for processing he shall accept it for filing. The Planning Director shall cause a written notice of acceptance or rejection to be mailed or delivered to qualified applicant. If rejected, the notice must also give the reason for the rejection. If such notice is neither mailed nor delivered within thirty (30) days following receipt of application for the development agreement, the application shall be deemed filed on the thirtieth day following its receipt by the Planning Director.

• (b) After the application is accepted for filing or deemed filed, the Planning Director shall then review the application and determine any additional requirements necessary to complete the form of development agreement. After receiving the required information, the Planning Director shall prepare a staff report and recommendation and shall state whether or not the development agreement as proposed, or in an amended form (specifying the nature of the amendments), would implement, be consistent with and in compliance with, the adopted general plan, applicable specific plans, relevant City policies and guidelines for development, and the provisions of this chapter. The Planning Director shall, as part of the review of the application, circulate copies of the proposed development agreement to those City departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement for review and comment by such City departments and agencies. The City Attorney shall also review the proposed development agreement for legal form and sufficiency and shall approve and/or prepare a proposed ordinance authorizing the City to enter into the development agreement for action by the City Council upon hearing thereof as specified by this chapter. The staff report and recommendation of the Planning Director shall include any appropriate recommendations received, and the proposed form of ordinance prepared and/or approved by the City Attorney.

• (c) Upon the completion of such review, the Planning Director shall set the matter for a public hearing before the Planning Commission.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-10)

• (a) A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings and improvements, and provisions for reservation or dedication of land for public purposes. A development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms,

restrictions, and requirements for subsequent discretionary actions shall not prevent development of the property for the uses and to the density or intensity, height, and size of development set forth in the development agreement and phasing if and to the extent the development agreement so provides. Without limitation as to types of conditions, terms, and restrictions, the development agreement may provide for the phasing of construction of development projects and any improvements with respect thereto, and the development agreement may also provide that the construction shall be commenced and completed within specified times and that the development project, public improvements, or any phase thereof be commenced and completed within specified times.

• (b) A development agreement shall include all conditions imposed by the City, and may also include conditions imposed by other agencies, and all obligations agreed to by the City and other parties to the development agreement with respect to the development project thereunder including those conditions authorized by law and/or required pursuant to the California Environmental Quality Act, or the National Environmental Protection Act, and the City's regulations with respect thereto in order to eliminate or mitigate environmental and traffic impacts caused by or aggravated as a result of the development project proposed under the development agreement.

• (c) A development agreement shall contain an indemnity and insurance clause in form and substance acceptable to the City Attorney, requiring the qualified applicant to protect, defend, indemnify and hold harmless the City against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of qualified applicant by the City.

• (d) A development agreement shall include appropriate provisions acceptable to the City Attorney providing security for the performance under the development agreement.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-11)