For purposes of this chapter, certain words and phrases are defined as set forth below:
APPROVING BODY: The city advisory committee or commission, the city council or the city staff person with the authority to approve the application for the development proposal.
PROJECTS INVOLVING STRUCTURES LARGER THAN FIVE THOUSAND SQUARE FEET: Does not include single-family residences, and square footage for these projects shall be calculated as follows: a) the square footage shall include all buildings, structures and any outdoor uses shown on the site plan for the development proposal, excluding parking; and b) the square footage shall be the cumulative total area of the described use. (For example, a 3,000 square foot office building that is proposed to be expanded to include an additional 2,500 square feet is subject to this section. A 4,000 square foot nursery structure that is proposed to be expanded by 500 square feet and which has outdoor storage of 1,000 square feet is subject to this section.) (Ord. 2557 § 2, 2003)
Every private development proposal subject to the city's voter approved 1997 general plan amendment commonly known as "measure U" and which requires a general plan amendment, zoning amendment, specific plan or preannexation agreement for outside city utility connections to noncontiguous property, and every private development proposal requiring a conditional use permit, commission review and approval or other discretionary permit for a structure and/or related outdoor use greater than five thousand (5,000) square feet, shall make application to the city for a socioeconomic analysis and cost/benefit study, which shall also be included in the environmental documents prepared for the development proposal, to the extent permitted by law. The socioeconomic analysis and cost/benefit study shall identify the source of funding for necessary public infrastructure necessary to serve the development proposal and reflecting the effect of the development proposal on the city. The socioeconomic analysis and cost/benefit study shall also address the effect of the development proposal on public school facilities and resources and, to the extent permitted by law, recommend proposed mitigation measures for any identified adverse impacts on school facilities. (Ord. 2557 § 2, 2003)
The approving body for the development proposal shall conduct at least one public hearing at which the public may appear and be heard to consider the socioeconomic cost/benefit study after providing ten (10) days' prior notice, published once in a newspaper of general circulation within the city. (Ord. 2557 § 2, 2003)
Except as otherwise provided for herein, approval of a development private proposal requiring a socioeconomic study shall occur only if the approving body for the development proposal determines that, based upon the socioeconomic study and substantial evidence in the record that the private development proposal: a) will not create unmitigated physical blight within the city or overburden public services, including, without limitation, police and fire protection services; and b) the benefit of the development proposal to the city outweighs any direct cost to the city that may result. The approving body may, however, approve a development proposal for which the socioeconomic study fails to make the required findings or determinations if the approving body finds and determines upon a four-fifths (4/5) vote of its total authorized membership that the benefits to the city from the development proposal outweigh the negative socioeconomic effects that may result. In addition to the aforesaid findings, the approving body shall, in granting approval of the development proposal, make any required findings for the particular land use applications under review. (Ord. 2557 § 2, 2003)
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