A. Application. An application for a development agreement shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).
B. Contents.
1. Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]); and
2. Permissive Contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]).
C. Director's Review. The director is authorized to receive, review, process, and prepare, together with written recommendations for commission and council consideration, all applications for development agreements.
D. Concurrent Processing and Public Hearings. All development related applications shall be processed and scheduled for public hearing(s) concurrently with the application for a development agreement. When a land use entitlement was previously approved, the approved development information shall accompany the development agreement application as required by the director. The council shall be the final review authority for the development agreement and all associated applications.
E. Fees. Processing fees, as established by the council's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with subsection 16.54.100(A) (Subject to Periodic Review), below.
F. Demonstrate Public Benefit. Standard city planning and zoning provisions are available for the processing of normal development projects. However, the city recognizes that in specific and unique situations, it may be in the public's best interest to enter into a development agreement for the benefit of both the public and the developer. An applicant for a development agreement shall provide evidence to demonstrate the public benefits to be provided by the proposed development.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)