Chapter 17.22
CITY COUNCIL DECISIONS
Sections:
17.22.010 Purpose and applicability.
17.22.020 Development agreement.
17.22.050 General plan amendment.
17.22.010 Purpose and applicability.
The purpose of this chapter is to establish procedures for land use permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.16, General Application Processing Procedures. Table 17.16-A—Approving Authority for Land Use Entitlements provides a summary of the permits and entitlements decided by the city council, along with the recommending authority. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.22.020 Development agreement.
A. Purpose. The purpose of this section is to establish procedures and requirements for consideration of development agreements by the city, consistent with state law. Development agreements encourage and ensure private participation in the financing, construction, and acquisition of public facilities, and the participation in programs that are beneficial to the health, safety, and general welfare of the community. In return, development agreements provide assurances that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property.
B. Application. An applicant may propose that the city consider entering into a development agreement pursuant to the California Government Code, commencing with Section 65864, by filing an application with the planning department. The following materials shall accompany the application:
1. Proposed Agreement. A proposed agreement, which shall contain the following:
a. A legal description of the property sought to be covered by the agreement.
b. A statement of concurrence in the application by the owner if the applicant is not the fee owner.
c. A description of the proposed uses, height, and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes.
d. A statement of terms and conditions relating to applicant financing of public facilities and required improvements.
e. Provisions for reservation or dedication of land for public purposes, as applicable.
f. All proposed conditions, terms, restrictions, and requirements for subsequent city discretionary actions.
g. A provision that the applicant will comply with all mitigation measures already adopted or adopted in the future pursuant to CEQA that are related to the project or the property on which the project is located. A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights.
h. The proposed time when construction would commence and be completed for the entire project and any proposed phases, including construction of any public facilities.
i. The termination date for the agreement.
j. A provision requiring the applicant to indemnify the city against claims arising out of the development process and to provide insurance in an amount and form acceptable to the city attorney to assure the applicant’s ability to satisfy its indemnification duty.
2. Other Information. Such other information as the planning commission may require by policy or to satisfy other requirements of law.
3. Fee. The required fee as required in Chapter 17.06, Fees.
C. Staff Review. Unless the project is categorically exempt, the planning department shall, at the applicant’s expense and in accord with city procedures for implementations of CEQA, undertake environmental review of a complete application. Upon completion of such review, the development agreement shall be transmitted together with the division’s recommendations to the planning commission thirty days prior to the public hearing by the planning commission.
D. Findings. After the public hearing is closed, the city council shall introduce and adopt an ordinance to approve, approve with conditions, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council makes the following findings:
1. The development agreement is consistent with the general plan goals, policies, land uses, and implementation programs and any other adopted plans or policies applicable to the agreement.
2. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole.
3. The development agreement will promote the orderly development of property or the preservation of property values.
4. The development agreement is consistent with the provisions of California Government Code Sections 65864 through 65869.5.
5. That the city council has considered the fiscal effect of the development agreement on the city and the effects on the housing needs of the region in which the city is situated, and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.
E. Authorization. Any approval of a proposed agreement shall authorize the mayor and the city manager to sign the agreement on behalf of the city, and shall become effective after thirty days following the second reading, unless a referendum is filed within that time.
F. Annual Review. All development agreements shall be reviewed by the planning department at least once every twelve months, unless the agreement provides for more frequent review, in which case the agreement shall prevail. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. The following components are required for annual review:
1. Staff Report. Prior to each review, the planning department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other relevant matters.
2. Compliance. If the planning department review determines that all terms and conditions of the agreement have been met, and the city manager concurs in writing, no further review shall be required.
3. Recommendation for Modification or Termination. If the planning department report recommends modification or termination of the agreement, or if the city manager proposes to make such a recommendation to the city council, a public hearing shall be scheduled before the planning commission on the agreement if such modifications are major or involve land use changes. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.16.050, Public hearing and public notice. At a public hearing the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated or modified.
4. Decision on Modification or Termination. Upon receipt of the planning commission’s recommendation, the city council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 17.16.050, Public hearing and public notice. If, after the public hearing is closed, the city council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the city council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 17.16.110, Modification.
G. Application of Existing Rules, Standards, and Policies. Unless otherwise provided by the development agreement, rules, standards, and official policies applicable to development of the property subject to a development agreement shall be those rules, standards, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, standards, and policies which do not conflict with those rules, standards, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, standards, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement.
H. Modification or Termination. All agreement provisions are subject to modification or suspension as set forth in the California Government Code, commencing with Section 65864. Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the city, or it may be modified or terminated pursuant to the provisions of subsection F of this section. Notice of intention to take any such action shall be given in the manner provided by Section 17.16.050, Public hearing and public notice; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of Government Code Section 65867.5. Any development agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement.
I. Recording. No later than ten days after the city and applicant have executed the agreement, the city clerk shall record with the county recorder a copy of the agreement. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.22.030 Specific plan.
A Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city’s general plan on an area-specific basis. The specific plan serves as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section describes the process for adopting and amending specific plans and approving subsequent development under a specific plan.
B. Applicability. The general plan identifies certain new development areas of the city which require a specific plan or master plan (planned development) to implement general plan policies. Specific plans are also encouraged if they will lead to more effective implementation of the general plan.
C. Special Review Procedures. The designated approving authority for a specific plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves by ordinance or denies the specific plan in accordance with the requirements of this title.
D. Specific Plan Amendment. An amendment to specific plan text and map may be initiated by the planning commission or the city council, or may be initiated by the original applicant for the specific plan district or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone.
E. Specific Plan Contents. In addition to the minimum content requirements of California Government Code Section 65451, the following items outline the city’s content requirements for an application:
1. Statement of relationship of the specific plan to the general plan.
2. Policies for development and standards for regulating development within the plan area.
3. The proposed land uses for all areas covered by the plan.
4. The types and configurations of buildings to be included in all developments within the plan area.
5. The location of and types of streets.
6. Public facilities and infrastructure required to serve developments within the specific plan area.
7. A parking and circulation plan for off-street parking areas showing the location of parking lots, the approximate number of spaces, and the approximate location of entrances and exits.
8. Proposed conservation, open space, and/or recreation areas, if any.
9. Any other programs, guidelines, or standards appropriate for the area covered by the specific plan.
F. Environmental Review. The majority of specific plans will require the preparation of an environmental impact report (EIR) under CEQA and its guidelines. Once certified, the EIR for a specific plan may be relied upon for further entitlements sought subsequent to adoption of the specific plan. Unless otherwise exempt, an initial study shall be prepared for all subsequent applications to determine whether a supplement to the EIR must be prepared. In the event that a supplement to the EIR is determined not to be necessary, a negative declaration or mitigated negative declaration shall be prepared.
G. Findings. The following findings shall be made prior to the approval of a specific plan:
1. The proposed specific plan is consistent with the goals, policies, and objectives of the general plan, development agreement, or other implementation instrument.
2. The proposed specific plan will not adversely affect surrounding properties.
3. The proposed specific plan is consistent with the city of San Pablo design guidelines. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.22.040 Zoning amendment.
A. Purpose. The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the zoning map for the city of San Pablo. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.
B. Special Review Procedures. The designated approving authority for a zoning amendment is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing and provide a recommendation. The city council approves by ordinance or denies the zoning amendment in accordance with the requirements of this title.
C. Initiation. An amendment may be initiated as prescribed in this section.
1. Petition. An amendment may be initiated by the verified petition of one or more owners of the property affected by the proposed amendments, which shall be filed with the planning commission and shall be accompanied by a fee as prescribed in Chapter 17.06, Fees.
2. City Council. An amendment may be initiated by resolution of intention of the city council.
3. Planning Commission. An amendment may be initiated by resolution of intention by the planning commission.
4. City Staff. City may initiate an amendment to the zoning ordinance for consideration by the planning commission and recommendation to city council for adoption.
D. Findings. Zoning amendments may be approved only when the city council finds that the amendment is consistent with the general plan goals, policies, and implementation programs. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.22.050 General plan amendment.
A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s).
B. Special Review Procedures. The designated approving authority for general plan amendments is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing and provide a recommendation. The city council approves by resolution or denies the general plan amendment in accordance with the requirements of this title.
C. Frequency of Amendment. Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.
D. Initiation of Amendment. A general plan amendment may be initiated by the planning commission or the city council, by application of the property owner(s) of the parcel(s) to be affected by the general plan amendment, or by recommendation of the zoning administrator to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.
E. Findings. The city council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.22.060 Prezoning.
A. Purpose. The purpose of prezoning is to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.
B. Process. The method of accomplishing prezoning shall be the same as for a zoning amendment. Such zoning shall become effective at the time annexation becomes effective. Upon passage of an ordinance establishing the applicable pre-district designation for property outside the city, the zoning map shall be revised to show the potential or “pre-district” classification to become effective upon annexation. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)