A. Application Form and Filing.
1. An application for a development agreement shall be filed with the Department in compliance with Chapter 10.82 (Permit Application Filing and Processing).
2. The Director shall prescribe the form for each application, notice and documents provided for or required by this Chapter for the preparation and implementation of development agreements.
3. The Director may require an applicant to submit information and supporting data as the Director considers necessary to process the application and comply with CEQA requirements.
4. The application shall be accompanied by a reimbursement agreement approved by the Director upon advice from the City Attorney.
B. Director’s Review and Recommendations.
1. The Director shall be empowered to receive, review, process, and prepare, together with recommendations for Commission’s and then Council’s consideration, all applications for development agreements.
2. The Director shall endorse on the application the date it is received.
3. Upon receipt of an application for a development agreement, the Director shall review the application and may reject it if it is incomplete or inaccurate for purposes of processing.
a. If the Director finds that the application is complete, the Director shall accept it for filing.
b. If the Director finds that the application is incomplete, the Director shall promptly notify the applicant.
4. The Director shall prepare a staff report and recommendation and shall state whether or not the development agreement proposed or in an amended form is consistent with the General Plan and any applicable specific plans.
C. Review Authority’s Action.
1. Upon determination by the Director that the application is complete and in compliance with the provisions of this Chapter, applicable State law, and the CEQA, the Director shall set the application, together with recommendations, for a public hearing before the Commission.
2. Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve, or deny the application based on the findings specified in Section 10.118.050 (Findings Required), below.
3. Upon receipt of the Commission's recommendations, the Director shall set the application and written report of the Commission for a public hearing before the Council.
4. Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, based on the findings specified in Section 10.118.050 (Findings Required), below.
D. Notice and Public Hearings.
1. Public Hearings. A public hearing shall be held on the proposed development agreement by both the Commission and the Council.
2. Notice. Notice of the public hearings specified in this Chapter shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 10.116 (Public Notices and Hearings).
3. State Law.
a. The notice requirements referred to in Subparagraphs 1 and 2, above, are declaratory of existing law under Government Code Section 65867 and Sections 65090 and 65091.
b. If State law under these sections prescribes a different notice requirement, notice shall be given in that manner.
4. Additional Notice. The Commission or Council, as the case may be, may direct that notice of the public hearing shall be given in a manner that exceeds the notice requirements specified by State law.
5. Failure to Receive Notice. The failure of any person entitled to notice required by law or this Chapter to receive notice does not affect the authority of the City to enter into a development agreement. (Ord. 935 § 3 (part), 2015)