18.04.010   Authority
   18.04.020   Purpose
   18.04.030   General plan consistency
   18.04.040   Discretion of Town Council
   18.04.050   Qualification as applicant
   18.04.060   Application
   18.04.070   Other entitlements required
   18.04.080   Planning Commission hearing
   18.04.090   Town Council hearing
   18.04.100   Amendment or cancellation
   18.04.110   Recordation of development agreement
   18.04.120   Periodic review of development agreement
§ 18.04.010  AUTHORITY.
   The ordinance codified in this chapter is adopted under the authority of Cal. Gov’t Code §§ 65864 through 65869.5.
(Prior Code, § 18.02.010)  (Ord. 629, passed - -1994)
§ 18.04.020  PURPOSE.
   Development agreements approved pursuant to this title are to insure to the applicant for a development project that, upon approval of the project, the applicant may proceed in accordance with existing policies, rules and regulations and conditions that were applicable at the time of project approval.  Development agreements will also insure that all conditions of approval, including the construction of off site improvements made necessary by the project, will proceed in an orderly and economical fashion to the benefit of the town.
(Prior Code, § 18.02.020)  (Ord. 629, passed - -1994)
   All development agreements shall be consistent with the general plan and zoning regulations of the Town of Fairfax.
(Prior Code, § 18.02.030)  (Ord. 629, passed - -1994)
   The Town Council reserves the sole right and discretion to determine whether a development agreement is appropriate and in the best interests of the town for a specific development project.
(Prior Code, § 18.02.040)  (Ord. 629, passed - -1994)
   Only a qualified applicant may file an application to enter into a development agreement.  A qualified applicant is a person, including any authorized agent, who has a legal or equitable interest in the real property which is the subject of the proposed development agreement, provided that in all instances the owner of the fee title of the real property shall join in the application.  The town 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.
(Prior Code, § 18.02.050)  (Ord. 629, passed - -1994)
§ 18.04.060  APPLICATION.
   (A)   (1)   Any person wishing to enter into a development agreement must file an application for approval of a development agreement with the Planning Director.
      (2)   The form of the application shall be as established by the Planning Director.
   (B)   An application shall be accompanied by a non-refundable filing fee in an amount fixed from time to time by resolution of the Town Council.
   (C)   Each application shall be accompanied by a proposed development agreement which, at a minimum, shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, time for commencement of construction of the proposed project and of any phases thereof, if the project is to be developed in phases.
   (D)   Prior to the filing thereof, the application shall be presented to the Planning Director for review in order that he or she may determine whether the nature of the proposed project requires that the application or the proposed development agreement contain additional information and materials.  When the Planning Director finds that the application is complete, he or she shall accept it for filing.
(Prior Code, § 18.02.060)  (Ord. 629, passed - -1994)
   Where the proposed project requires the issuance of a use permit, a variance, rezoning or any other discretionary permit or entitlement, the applicant shall either apply for and obtain such discretionary permits or entitlements prior to, or concurrently with, approval of the development agreement, or approval of the development agreement shall be conditioned upon issuance of the discretionary permits and entitlements.
(Prior Code, § 18.02.070)  (Ord. 629, passed - -1994)
   (A)   The Planning Commission shall hold a public hearing on the proposed development agreement.
   (B)   Notice of the public hearing shall be given in the form and manner required by § 17.008.020 of this code.  After the public hearing, which may be held in conjunction with the hearings on any other required discretionary permits or entitlements, the Planning Commission shall make its recommendation, in writing, to the Town Council.
   (C)   The Planning Commission shall recommend approval of the development agreement only if the Planning Commission finds that the proposed development agreement:
      (1)   Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
      (2)   Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located;
      (3)   Will not be detrimental to the public health, safety and general welfare; and
      (4)   Will provide sufficient benefit to the town to justify entering into the agreement.
(Prior Code, § 18.02.080)  (Ord. 629, passed - -1994)
   (A)   The Town Council shall hold a public hearing on the proposed development agreement.  Notice of the public hearing shall be given for the time and in the manner provided by § 17.008.020 of this code.  The public hearing may be held concurrently with the public hearings on any other required discretionary permits or entitlements.  The Town Council shall not approve the development agreement unless it makes the findings contained in § 18.04.080 to support its action.  If the Town Council approves the development agreement it shall do so by the adoption of an ordinance.
   (B)   The town may enter into the development agreement after the effective date of the ordinance approving the same.
(Prior Code, § 18.02.090)  (Ord. 629, passed - -1994)
   A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest.  Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified herein for approval of a development agreement.
(Prior Code, § 18.02.100)  (Ord. 629, passed - -1994)
   No later than ten days after the town enters into a development agreement, the Town Clerk shall record with the Marin County Recorder a copy of the agreement which shall describe the land subject thereto.  If the parties to the agreement amend or cancel the agreement, or if the town terminates or modifies the agreement for failure of the applicant to comply in good faith with its terms, the Town Clerk shall record notice of the action with the Marin County Recorder.
(Prior Code, § 18.02.110)  (Ord. 629, passed - -1994)
   The Planning Director shall review a development agreement at least once every 12 months from the date the agreement is executed.  Upon each such review, the applicant shall be required to demonstrate good faith compliance with the terms of the agreement.  The Planning Director shall render a report of his or her review to the Town Council.  The Town Council shall consider the report after giving to the applicant ten days written notice.  If, as a result of the review, the Town Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest has not complied in good faith with the terms or conditions of the agreement, the Town Council may terminate or modify the agreement.
(Prior Code, § 18.02.120)  (Ord. 629, passed - -1994)