ARTICLE 32: DEVELOPMENT AGREEMENTS

§ 9-5.3201 AUTHORIZED.

   This article is enacted pursuant to the authority contained in Cal. Gov't Code §§ 65864 et seq., and, in enacting this article, the City Council makes the same legislative findings which are made in the California Government Code.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.3202 CONTENTS.

   Any development agreement enacted pursuant to this article shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of the uses, the maximum height and size of the proposed buildings, and provisions for the reservation or dedication of land for public purposes. Development agreements may include conditions, terms, restrictions, and requirements for subsequent discretionary actions provided such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the land for the uses and to the density or intensity of development as set forth in the agreement. The agreement may provide that construc-tion 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 financing of necessary public facilities and subsequent reimbursement over time.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.3203 RULES, REGULATIONS AND OFFICIAL POLICIES.

   Unless otherwise provided in the development agreement, the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the property subject to the development agreement shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set out therein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.3204 ENFORCEMENT.

   Unless amended or canceled, a development agreement shall be enforceable by any party thereto, notwithstanding any change in any applicable General or Specific Plan, zoning, subdivision, or building regulation adopted by the city which is in conflict with the terms of the development agreement.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.3205 PERIODIC REVIEWS.

   Each development agreement enacted pursuant to this article shall contain a provision that periodic reviews of the agreement occur at least every 12 months after its execution. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the city may unilaterally terminate or modify the agreement.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.3206 INTENTION TO ADOPT AGREEMENTS; PUBLIC HEARINGS.

   Public hearings on an application for a develop-ment agreement shall be held by the Commission and by the Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Cal. Gov't Code §§ 65080 and 65091 in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any.

(Ord. 897-C-S, passed 10-25-94)