A. After its public hearing, the city council in the exercise of its legislative discretion shall determine whether or not to approve and authorize execution of the proposed development agreement. The city council shall not approve the agreement unless it makes all of the following findings:
1. The agreement is consistent with the city general plan and the goals, policies, standards and objectives of any applicable specific or community plan;
2. The project should be encouraged in order to meet important economic, social, environmental or planning goals of any applicable specific or community plan;
3. The project would be unlikely to proceed in the manner proposed in the absence of a development agreement;
4. The landowner will incur substantial costs in order to provide public improvements, facilities or services from which the general public will benefit;
5. The landowner will participate in all programs established and/or required under the general plan or any applicable specific or community plan and all of its approving resolutions (including any mitigation monitoring plan), and has agreed to financial participation required under any applicable financing plan and its implementation measures, all of which will accrue to the benefit of the public;
6. The landowner has made commitments to a high standard of quality and has agreed to all applicable land use and development regulations; and
7. One of the findings in section 17.810.020 of the Planning and Development Code.
B. Even if all of the findings set forth in subsection A of this section can be made, the city council may in its sole discretion deny approval of the development agreement on the ground that the development agreement is not in the public interest.
C. The city council may add provisions to, or modify or delete any provision of the development agreement as a condition of its approval. Such action may, but need not be, referred back to the planning and design commission for its review and recommendation, without the necessity for a further public hearing before the commission. (Ord. 2016-0012 § 6; Ord. 2012-004 § 80; prior code § 56.06.611)