Chapter 19.32 — DEVELOPMENT AGREEMENTS

A. This chapter outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners, the Commission, or Council. It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of State law, and shall be so construed.

B. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, State law, and the agreement. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

1. The plain terms of the development agreement;

2. The provisions of this chapter; and

3. The provisions of State law.

• (Ord. 2185)

A. Any owner of real property may request and apply through the Director to enter into a development agreement. Acceptance of the application is contingent on the following:

1. The status of the applicant as an owner of the property is established to the satisfaction of the Director;

2. The application is made on forms approved, and contains all information required, by the Director; and

3. The application is accompanied by all lawfully required documents, materials, and information.

• B. The Director shall receive, review and process all applications for development agreements and prepare

recommendations for Commission and Council consideration for all such applications.

C. Processing fees, as established by resolution of the Council, 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 State law. (Ord. 2185)

A. The Director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Chapter 19.10 (Noticing and Public Hearings). Following conclusion of a public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

B. Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council, in compliance with Chapter 19.10 (Noticing and Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application.

C. Notice of the hearings shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law.

(Ord. 2185)

The Council may approve or conditionally approve a development agreement only after first making all of the following findings:

• A. The development agreement would be in the best interests of the City; and

• B. The development agreement would promote the public interest and welfare of the City.

(Ord. 2185)

A. The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Chapter 19.10 (Noticing and Public Hearings), becomes effective;

B. The provisions of this chapter shall not be construed to prohibit the Director, Zoning Administrator, Commission, or Council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law; and

C. A development agreement shall be recorded with the County Recorder no later than 10 days after it is executed. (Ord. 2185)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.

Unless specifically provided for in the development agreement, the agreement does 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 under the development agreement, nor does a development agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies. (Ord. 2185)

Development agreements approved by the Council shall be on file with the City Clerk. (Ord. 2185)