A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements when applied for as part of a land use entitlement in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The City Council finds and declares the use of development agreements is beneficial to the public, in that:
1. 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.
2. 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.
3. 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.
B. Qualified Applicant. Only a qualified applicant, a person who has legal or equitable interest in the real property which is the subject of the development agreement (or his or her authorized agent), may submit an application for a development agreement.
C. Approving Authority. The designated approving authority for development agreements is the City Council which shall hold a public hearing prior to taking action. The Planning Commission shall hold a public hearing on the proposed development agreement and make a recommendation to the City Council.
D. Flexibility of Development Regulations.
1. To the extent permitted by law, any development agreement if adopted by the city may modify development rules, regulations, and policies governing permitted uses of land and density, and governing design, improvements, construction standards and specifications, and phasing applicable to development of the property involved in the agreement.
2. Nothing contained in these regulations shall prevent the developer or the city from proceeding with normal tentative map or final map processes on any phase of a development which is the subject of a development agreement at any time during its term.
E. Application Contents. The contents of a development agreement shall be as set forth in Government Code Sections 65865.2, 65867.5(c) if applicable, and 65868.5.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a development agreement in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Approval Findings. A development agreement may only be granted when the City Council makes all of the following findings specifying that the development agreement:
1. Is consistent with the objectives, policies, and general land uses specified in the general plan and any applicable specific plans;
2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice;
3. Will not be detrimental to health, safety, and general welfare of the city;
4. Will not adversely affect the orderly development of property or the preservation of property values.
H. Amendment and Cancellation of Agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement, the procedure for which is the same as the procedure for entering into the agreement initially. Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in Section 17.10.050 (Public Hearing and Public Notice).
I. Recordation. Within ten (10) days after the city enters into the development agreement or any amendment thereof, the City Clerk shall cause the agreement or amendment to be recorded with the County Recorder. Additionally, the City Clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.
J. Periodic Review. The Community Development Director shall review the development agreement every twelve (12) months from the date the development agreement is entered into and provide a written report to the City Council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by City Council resolution. If the Community Development Director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the Community Development Director may schedule the matter before the appropriate approving authority(ies) for review for possible amendment or revocation. (Ord. 2010-02 § 1 (part), 2010)