Chapter 14.17.040
Execution, Recordation, and Effect of Development Agreement

Sections:

14.17.040.010    Public Hearing Procedure and Notice.

14.17.040.020    Action by the Planning Commission.

14.17.040.030    Action by the City Council.

14.17.040.010 Public Hearing Procedure and Notice.

Both the Planning Commission and the City Council shall hold a public hearing on a development agreement application. Public notice shall be provided in accordance with the provisions of Section 14.09.030.070.

A. Prior to the public hearing, the applicant shall submit a letter to the City indicating agreement with the provisions of the proposed development agreement. If the applicant does not concur with all provisions, the letter shall specify the areas of disagreement and indicate the reasons for such disagreement.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.17.040.020 Action by the Planning Commission.

The Planning Commission shall make a recommendation to the City Council on the development agreement.

A. The Planning Commission shall recommend approval, approval with modifications, or denial of an application for a development agreement. The Planning Commission shall make findings of fact when taking an action on a development agreement.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.17.040.030 Action by the City Council.

Action by the City Council on a development agreement shall be as follows:

A. The City Council may approve, modify, or reject the recommendation of the Planning Commission.

1. If public testimony is presented on the development agreement which was not considered by the Planning Commission, the City Council may refer the issue back to the Planning Commission for its consideration and recommendation;

2. Failure of the Planning Commission to report back to the City Council within 45 calendar days of the referral, or within an alternate time period set by the Council, shall be deemed a recommendation for approval.

B. Findings Required for Approval. In order to approve a development agreement, the City Council shall adopt findings of fact, including, but not limited to, the following:

1. That the development agreement is consistent with the goals, objectives, and policies of the General Plan, and any applicable specific plan or policy plan;

2. That the development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located;

3. That the development agreement would not be detrimental to the public health, safety, or welfare of the community;

4. That the development agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community;

5. That the development agreement would not adversely affect the orderly development of property or the preservation of property values; and

6. That the development agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

C. A development agreement shall be adopted by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement.

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