Chapter 4.04
NOTICE AND HEARING
Sections:
4.04.020 Manner of Giving Notice.
4.04.030 Failure to Receive Notice.
4.04.040 Hearing and Recommendation of Planning Commission.
4.04.050 Recommendation of Redevelopment Agency.
4.04.060 Hearing by City Council.
4.04.070 Decision by City Council.
4.04.080 Approval of Development Agreement.
4.04.010 Notice of Intention.
Upon completion of the staff report required by Section 4.02.060, in addition to any other notice required by law, the Director shall give notice of intention to consider adoption of a development agreement. The notice shall contain:
A. The time and place of the public hearing before the Planning Commission;
B. A general explanation of the development agreement, including a general description of the property proposed to be developed;
C. Other information that the Director considers necessary and desirable.
4.04.020 Manner of Giving Notice.
All notice required by this Chapter shall be given in the manner provided in Government Code Section 65867.
4.04.030 Failure to Receive Notice.
The failure to receive notice by any person entitled thereto by law or by this Chapter does not affect the authority of the City to enter into a development agreement or the validity of any such agreement.
4.04.040 Hearing and Recommendation of Planning Commission.
The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention or in accordance with any continuance thereof granted by the Planning Commission at the scheduled hearing. The Planning Commission shall make its recommendation to the City Council in writing within 30 days of the public hearing. The recommendation shall include whether or not the proposed development agreement:
A. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
B Is compatible with the uses authorized in the district or planning area in which the real property is located;
C. Is in conformity with the public necessity, public convenience, general welfare, and good land use practices;
D. Will be beneficial to the health, safety, and general welfare consistent with the policy of the City with respect to development agreements as provided in Section 4.08.010;
E. Will adversely affect the orderly development of property in the City;
F. Will have a positive fiscal impact on the City. (Ord. 941 Sec. 2, 2012)
4.04.050 Recommendation of Redevelopment Agency.
(Repealed by Ord. 941 Sec. 2, 2012)
4.04.060 Hearing by City Council.
After the recommendation of the Planning Commission or after the expiration of the time period specified in Section 4.04.040, the Director shall give notice of a public hearing before the City Council in the manner provided for in Sections 4.04.010 and 4.04.020. (Ord. 941 Sec. 2, 2012)
4.04.070 Decision by City Council.
A. After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing on matters referred back to it by the City Council.
B. The development agreement shall not be approved unless the City Council finds that the development agreement is consistent with the General Plan and any applicable specific plan. (Ord. 941 Sec. 2, 2012)
4.04.080 Approval of Development Agreement.
Approval of the development agreement shall be by the adoption of any ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the Mayor.
4.04.090 Recordation.
A No later than 10 days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder.