§ 17.66.040. Application Filing, Processing, and Review

A.

Application requirements. An owner of real property may request and apply to enter into a development agreement provided the following:

1.

The development agreement, if approved, would be in the best interests of the City;

2.

The status of the applicant as the owner of the subject property is established to the satisfaction of the Director.

a.

Only a qualified applicant or authorized agent may file an application in compliance with this Chapter.

b.

A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement.

c.

The Director may require an applicant to submit proof of the applicant's interest in the real property and of the authority of the agent to act for the applicant.

d.

The Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

e.

The Director or City Attorney may require the submittal of a title report or other evidence to verify the applicant's legal or equitable interests in the subject property.

3.

The application is made on forms approved by the Director and shall be accompanied by the information and materials identified in the Department handout for Development Agreement applications;

4.

The application is accompanied by the applicable fees, in compliance with Subsection C., (Processing and review fees) below; and

5.

The applicant shall be responsible for providing the evidence in support of the findings required by Subsection G.8. (Findings) below.

B.

Director's action.  

1.

The Director shall review the application and determine its completeness.

2.

Upon determining the application complete, the Director shall forward a copy of an agreement form proposed by an applicant to the City Attorney for review.

3.

The Director, in conjunction with the City Attorney, shall prepare a staff report and recommendation to the Commission.

C.

Processing and review fees.  

1.

Processing 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.

2.

Periodic reviews. Appropriate fees shall be established and collected for periodic reviews conducted by the Commission or designated review authority in compliance with Section 17.66.070 (Periodic Review) below.

D.

Withdrawal of application. An applicant may withdraw an application filed in compliance with this Chapter. Any fee(s) required for processing the application shall not be refunded.

E.

Form of agreement.  

1.

Standard form. The Director may propose a form of development agreement which may be adopted by resolution of the Council as a standard form for development agreements.

2.

Applicant's form. An applicant may submit a proposed form of agreement.

3.

Form of development agreement. Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the standard form of development agreement identified in Subparagraph 1., above and including specific proposals for changes in or additions to the language of the standard form.

F.

Content of development agreement.  

1.

Mandatory provisions. A development agreement entered into in compliance with this Chapter shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 [Agreement contents]).

2.

Permissive provisions. A development agreement entered into in compliance with this Chapter may contain the permissive provisions specified by State law (Government Code Section 65865.2 [Agreement contents]).

G.

Notice and public hearings.  

1.

Notice. Notice of the hearings, identified in Subsections 3. and 4., below, shall be given in the form of a Notice of Intention to consider approval of a development agreement in compliance with State law (Government Code Sections 65854, 65856, and 65867), Chapter 17.76 (Public Hearings), and any other notice required by law for other actions to be considered concurrently with the development agreement.

2.

Planning agency. The Commission shall serve as the planning agency on development agreement applications in compliance with State law (Government Code Section 65867).

3.

Commission's action. 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. Following conclusion of the public hearing, the Commission shall forward a written recommendation to the Council that it approve, conditionally approve, or disapprove the application. The Commission's recommendation shall be supported by the findings identified in Subparagraph 8., below.

4.

Council's action. Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written recommendation of the Commission for a public hearing before the Council. Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application in compliance with findings identified in Subparagraph 8., below. Matters not previously considered by the Commission during its hearing may be referred back to the Commission for report and recommendation. The Commission need not hold a public hearing when considering the Council's referral.

5.

Variances or exceptions. Nothing in a development agreement shall act as the grant of a Variance or exception to any requirement of the Zoning Code, or limit the discretion of any review authority in approving or disapproving a Variance or exception.

6.

Ordinance. Approval of a development agreement shall be by ordinance. The ordinance shall be in compliance with State law (Government Code Section 65867.5) and shall contain the findings identified in Subparagraph 8., below, and the facts supporting them.

7.

Evidence. The applicant shall be responsible for providing the evidence in support of the findings.

8.

Findings. The development agreement shall be approved only if the following findings of fact can be made in a positive manner. The development agreement:

a.

Would be in the best interests of the City;

b.

Is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and this Zoning Code;

c.

Would not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City; and

d.

Is consistent with the provisions of State law (Government Code Sections 65864 through 65869.5.)

9.

Irregularity in proceedings. No action, inaction, or recommendation regarding a proposed development agreement shall be void, invalid, or set aside by a court by reason of any error or irregularity in compliance with State law (Government Code Section 65801.)

10.

Referendum. The ordinance may be subjected to referendum in compliance with State law (Government Code Section 65867.5).