A. Commission Hearing. Upon finding the application for a Development Agreement complete, the Director shall set the date for a public hearing before the Commission, in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.
B. Council Hearing. Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Chapter 17.630 (Public Hearings and Administrative Review). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, with appropriate findings in compliance with § 17.590.020.E. (Required Findings) below.
If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Cal. Gov’t Code § 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.
C. Notice of the Hearings. Notice of the hearings, outlined in § 17.590.020.A. (Commission Hearing) and § 17.590.020.B. (Council Hearing) above, shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law (Cal. Gov’t Code § 65867).
D. Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Cal. Gov’t Code § 65867.5).
E. Required Findings. The ordinance shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings:
1. The Development Agreement is in the best interests of the city, promoting the public interest and welfare;
2. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable Specific Plan, and this Title;
3. The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of § 17.590.025.A. (Mandatory Contents) and § 17.590.025.B. (Permissive Contents), below.
F. Referendum. The ordinance is subject to referendum in compliance with State law (Cal. Gov’t Code § 65867.5).
(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)