Loading...
A. A development agreement shall specify its duration, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. A development agreement may also include conditions and requirements for subsequent discretionary actions, provided that such conditions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement.
B. A development agreement shall include all conditions imposed by the city with respect to the development project including those conditions required as a result of any environmental impact report prepared under the California environmental quality act and the city's environmental review process to eliminate or mitigate environmental impacts caused by or aggravated as a result of the development project.
C. All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the city attorney, requiring the applicant to defend and indemnify the city against any claims arising out of the development agreement process.
D. All development agreements, or any part of a development agreement, may be subject to subsequent condemnation proceedings by the city. (Ord. 2073 § 1, 1989)
All development agreements shall be considered at a public hearing before the planning commission under the procedures described in sections 18.220.090 and 18.220.100 of this chapter. (Ord. 2073 § 1, 1989)
A. After the hearing before the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's findings as to whether the proposed development agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the city's general plan and any applicable specific plan;
2. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located;
3. Is in conformity with and will promote public convenience, general welfare and good land use practice;
4. Will not be detrimental to the public health, safety and general welfare;
5. Will not adversely affect the orderly development of property or the preservation of property values; and
6. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. (Ord. 2073 § 1, 1989)
A development agreement is a legislative act and shall be enacted by ordinance only after a public hearing before the city council held pursuant to the procedures described in sections 18.220.120 and 18.220.130 of this chapter. The ordinance shall refer to and incorporate by reference the text of the development agreement. (Ord. 2073 § 1, 1989)
At the hearing, the city council shall consider the planning commission's recommendation together with any additional public testimony, and may approve, disapprove or modify any recommendation of the planning commission. If public testimony is presented on an issue which was not considered by the planning commission, then the city council may refer the issue back to the planning commission for further hearings and recommendations. The city council may also act on any such issue without reference back to the planning commission. (Ord. 2073 § 1, 1989)
Before the city council may approve a development agreement, it must find that its provisions are consistent with the city's general plan and any applicable specific plans. If the city council approves the development agreement in the form recommended by the planning commission, then the city council shall be deemed to have also adopted the findings of the planning commission. If a development agreement is modified or disapproved in whole or in part, the city council shall set forth the reasons therefor and its findings with respect thereto in accordance with the criteria specified in this chapter. (Ord. 2073 § 1, 1989)
Loading...