Chapter 14.17.020 — APPLICATION PROCESS (§ 14.17.020.010 – § 14.17.020.060)

Except as specified below and as provided for in Section 14.17.020.020, the application and review procedures as described in Chapter 14.09.290 of this code shall apply to the development agreement process. This includes, but is not limited to, information on fees, public notice, hearings, and appeals. Chapter 14.09.290 of this code should be consulted for a thorough understanding of the review process as it pertains to the City. The process for the amendment, cancellation, or termination of a development agreement shall be as specified in this division.

A.

Application Required. Any person wishing to enter into a development agreement shall file an application with the Director of Community Development and demonstrate that the project qualifies for a development agreement as set forth in Section 14.17.010.050.

1.

In addition to the required information identified on the application form, the applicant shall submit a written description of the project, the proposed uses, the density and intensity of use, the maximum height and size of proposed structures, and any proposed dedication of land, if applicable.

B.

Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property. C.

Application Fee. Any application pursuant to this division shall be accompanied by a filing fee set by resolution of the City Council.

1.

Other Charges. The cost of review by City departments other than the Community Development Department shall be reimbursed on the basis of actual time spent reviewing the development agreement at the applicable compensation and overhead rates, as determined by the Director of Finance.

2.

All fees shall be paid in full prior to consideration of the development agreement by the City Council. If fees are not paid in full, all work on the development agreement shall be suspended until such time as fees are paid.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

The Director of Community Development may accept an application for processing or may refer the application to the City Council for a determination on whether it should be accepted for processing. A.

The Director of Community Development may accept an application for processing upon a determination that the application is consistent with the General Plan and with the direction of the City Council. B.

If a question of consistency exists, the Director of Community Development may refer the application to the City Council to make a determination of consistency and on whether to accept the application. C.

A determination by the Director of Community Development or by the City Council to accept the application and initiate the preparation of the development agreement shall not be considered an indication that the development agreement will be approved.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

The Director of Community Development may prepare a memorandum of understanding between the City and the applicant to highlight terms, issues, and concerns, known as "business points." A.

The memorandum of understanding shall be submitted to the City Council to provide preliminary direction as to the terms and conditions of the development agreement application. B.

The applicant shall agree in concept to the business points specified in the memorandum of understanding prior to any submittal and review by the City Council. If the applicant does not concur with all provisions, the applicant shall submit a letter to the City specifying the areas of disagreement and indicate the reasons for such disagreement.

C.

Any direction provided by the City Council on the memorandum of understanding shall not be considered an indication that the development agreement will be approved.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

The development agreement shall be prepared by the Director of Community Development in consultation with the City Attorney.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A development agreement shall, at a minimum, include the following information:

A.

Effective date and term of the agreement;

B.

Project description, including permitted uses, timing of project construction and completion;

C.

Establishment of vested rights, including project approvals and subsequent approvals to be vested, if any; D.

Provisions for environmental review;

E.

Obligations of the developer and the City;

F.

Provisions for financing districts, if applicable;

G.

Determination of applicable law;

H.

Fees, waivers, and payment schedule;

I.

Provisions for transfers and assignments;

J.

Provisions in the event of default, remedies, and termination;

K.

Provisions for amendment to the development agreement;

L.

Provisions for recordation of the development agreement;

M.

Provisions for annual review;

N.

Any other information required by the City Attorney in consultation with the Director of Community Development to provide for a complete analysis of the project; and O.

A proposed agreement shall include such additional conditions, terms, restrictions, or requirements as determined by the City Council to be in the public interest.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

The Director of Community Development may require that a development agreement application be filed

concurrently with other development related applications to ensure that adequate information is available to allow for the thorough review of the project's benefits and impacts.

(Ord. 1972, Repealed and Replaced, 02/22/2022)