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The use permit application for conversion shall be heard at a public hearing by the Planning Commission, which shall make its recommendations and issue its findings to the Council. The Design Review Board shall also consider the aesthetics of the proposed physical improvements to the site and buildings, and make its recommendations and issue its findings to the City Council. The Community Development Department shall use the envelopes provided by the developer to send notices of such hearing to the tenants of the proposed conversion at least ten days prior to such hearing. Such notices shall notify tenants that they have a right to appear and be heard at the hearing. The failure of any person to receive the notice shall not affect the validity of the proceedings. The developer and each tenant shall be served at least three days prior to the hearing with a copy of the staff report or recommendation prepared by the staff. The city shall use the envelopes provided by the developer for such purpose.
(Ord. 1070-C-S, passed 6-13-06)
ARTICLE 32: DEVELOPMENT AGREEMENTS
Any development agreement enacted pursuant to this article shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of the uses, the maximum height and size of the proposed buildings, and provisions for the reservation or dedication of land for public purposes. Development agreements may include conditions, terms, restrictions, and requirements for subsequent discretionary actions provided such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the land for the uses and to the density or intensity of development as set forth in the agreement. The agreement may provide that construc-tion shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
(Ord. 897-C-S, passed 10-25-94)
Unless otherwise provided in the development agreement, the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the property subject to the development agreement shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set out therein, 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, regulations, and policies.
(Ord. 897-C-S, passed 10-25-94)
Unless amended or canceled, a development agreement shall be enforceable by any party thereto, notwithstanding any change in any applicable General or Specific Plan, zoning, subdivision, or building regulation adopted by the city which is in conflict with the terms of the development agreement.
(Ord. 897-C-S, passed 10-25-94)
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