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Chapter 18.32 <br />DEVELOPMENT AGREEMENTS <br />H. Development Agreements. <br />I. Purpose. The purpose of this section is to establish procedures and <br />requirements for the City's consideration of development agreements upon application <br />by, or on behalf of, a property owner or other person having a legal or equitable in- <br />terest in the property which is to be the subject of a development agreement. In <br />adopting this section, the City Council has considered the General Plan of the City <br />of Colton and the legislative findings and declarations set forth in Section 65864 <br />of the Government Code. <br />2. Development Agreement --Authorized. Pursuant to the provisions of Chap- <br />ter 2.5 of Division 1 of Title 7 of the Government Code (Section 65864 et sec.), the <br />City Council is hereby authorized to enter into development agreements upon applica- <br />tion by, or on behalf of, a property owner or other person having a legal or equit- <br />able interest in the property which is the subject of the proposed agreement. <br />3. Development Agreement --Application, Fees. a. A developer wishing to <br />enter into a development agreement with the City shall submit to the Planning Director <br />a written application on a form provided by the Planning Director. b. The Planning <br />Director may require the developer to submit" such additional information and support- <br />ing data as may be considered necessary to properly evaluate the proposed development <br />agreement. c. The written application required herein shall be accompanied by a <br />nonrefundable processing fee in an amount as set by resolution of the City Council. <br />4. Proposed Form of Agreement. Each application shall be accompanied by the <br />form of development agreement proposed by the applicant. <br />5. Review of Application. The Planning Director shall review the application <br />to determine whether or not it is complete. If it is found that the application is <br />complete, the Planning Director shall accept it for filing. If the application is <br />found to be incomplete, the Planning Director shall refuse to accept the application <br />for filing and shall inform the applicant of the items necessary to properly complete <br />the application. <br />6. Development Agreement --Hearing by Planning Commission. a. The Planning <br />Director shall refer all applications for development agreements to the Planning Com- <br />mission for a Public Hearing. b. Upon receipt of the application, the Planning <br />Director shall set a date for the Public Hearing. C. The Planning Director shall <br />insure that the public is given proper notice of said Public Hearing in accordance <br />with State Planning, Zoning and Development Law. <br />7. Conduct of Hearing. The Public Hearing held pursuant;. to this section <br />shall be conducted as nearly as may be possible in accordance with the procedural <br />standards adopted under Government Code Section 65804 for the conduct of zoning hear- <br />ings. Each person interested in the matter shall be given an opportunity to be heard. <br />The applicant shall have the burden of proof at the Public Hearing on the proposed <br />development agreement. <br />8. Irregularity in Proceedings., No action, inaction, or recommendation <br />regarding the proposed development agreement shall be held void or invalid, or be <br />"Exhibit A" <br />