A. Findings Required for Commission and Council Action on Development Agreements. The Commission may recommend approval and the Council may approve the development agreement only after the Commission and Council first make all of the following findings:
1. The development agreement provides clear and substantial benefit to the residents of the City;
2. The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Zoning Code;
3. The development agreement complies with the requirements of Government Code Sections 65865 through 65869.5, or as these sections may be modified from time to time;
4. The development agreement will promote the public convenience, health, interest, safety, and general welfare of the City and will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public;
5. The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;
6. The development agreement will not adversely affect the orderly development of property or the preservation of property values;
7. The development agreement will further important citywide goals and policies that have been officially recognized by the Council;
8. The development agreement will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval;
9. The development agreement will not be detrimental to the health, safety and general welfare; and
10. If the development agreement includes a subdivision, as defined in Government Code Section 66473.7 that the development agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code Sections 66473.7 through 66474.10.
B. Denial of Development Agreement.
1. The Commission, in its sole discretion, may recommend denial of the development agreement on the grounds that, in its opinion, the proposed agreement is not in the best interest of the public.
2. The Council, in its sole discretion, may deny the development agreement on the grounds that, in its opinion, the proposed agreement is not in the best interest of the public.
C. If Property is Located Outside of the City.
1. If the property is located outside the City limits, the application for a development agreement shall be acted upon by the City only if the property is located within the City’s sphere of influence.
2. If the property is located within the City’s sphere of influence, the agreement shall be conditional upon the property being annexed to the City and shall specify the time period for completion of annexation.
3. If annexation does not occur within the specified time period, the agreement shall be null and void. (Ord. 935 § 3 (part), 2015)