§ 19.52

The purpose of this Chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

A.

Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B.

Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C.

Development Agreements enable the City to plan for and finance public facilities, including but not limited to streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Only a person who has legal or equitable interest in the subject property which is the subject of the Development Agreement (or his/her authorized agent) may submit an application for a Development Agreement.

A.

Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

Development Agreements shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, modify or deny a Development Agreement application. Development agreements shall be approved by an Ordinance of the City Council.

The Planning Commission shall hold a public hearing to make a recommendation on Development Agreement applications. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a Development Agreement application. Public hearings shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

In approving a Development Agreement, the City Council may make modifications to the proposal to ensure that the approval will comply with the required findings.

Pursuant to Government Code Section 65867.5, a Development Agreement is a legislative act which shall be approved by Ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That the agreement is consistent with the objectives, policies, general land uses and programs contained in the General Plan and any applicable specific plan.

B.

That the agreement is compatible with the uses authorized in the land use/zoning district in which the property is located.

C.

That the agreement provides for the orderly development of the property.

D.

That the agreement provides a clear and substantial public benefit to the City and/or its residents.

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A.

The application request as acted upon by the City Council.

B.

The action taken by the City Council.

Development Agreements shall become effective 30 days following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

A Development Agreement shall expire as specified in the terms of the agreement.

Extensions of time requested following execution of a Development Agreement shall be processed in accordance with Section 19.52.130 (Amendments).

Except as otherwise provided by law, a Development Agreement may be amended or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. The procedure for initiating and adopting an amendment or termination, in whole or in part, is the same as the procedure

for entering into the original agreement. An amendment or termination of a Development Agreement shall be subject to the provisions of Section 19.52.150 (Execution and Recordation).

A.

A Development Agreement shall specify:

1.

The duration of the agreement.

2.

The permitted uses of the property.

3.

The density or intensity of use.

4.

The maximum height and size of proposed buildings.

5.

Provisions for reservation or dedication of land for public purposes.

B.

The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursement.

A.

After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor.

B.

No Ordinance shall be adopted and the Mayor of the City shall not execute a Development Agreement until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the City Clerk within 30 calendar days following City Council approval, the approval shall be deemed withdrawn, and the City Council shall not adopt said Ordinance nor shall the Mayor execute said Agreement.

C.

A 30-calendar day time period may be extended upon approval of the City Council. Such extension may only be approved concurrently with approval of the Development Agreement.

D.

Not more than 10 calendar days following the execution of a Development Agreement by the City Council, the City Clerk shall record with the County Recorder a copy of the executed agreement.

The Community Development Director shall review the Development Agreement at least every 12 months. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director determines, on the basis of substantial evidence, that the applicant, or successor in interest thereto, has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.

Where the Community Development Director finds, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be scheduled to review the applicant's conformance with the agreement. Procedures for conduct of such hearing shall be the same as provided herein for consideration of the original agreement. If, on the basis of substantial evidence, the applicant or successor in interest thereto has not complied in good faith with the terms and conditions of the agreement, the City Council may amend or terminate the agreement.

Chapter 19.54 - Reasonable Accommodation