§ 86.13.040  Action by the Commission and Board.
   (a)   Determination by the Commission.  After the hearing by the Commission, the Commission shall make its recommendation in writing to the Board.
      (1)   Findings required.  The proposed development agreement may be recommended for approval only if all of the following findings are first made. The recommendation shall include the Commission’s findings and determination that the proposed development agreement and the associated development project:
         (A)   Are in compliance with the general land uses, objectives, policies, and programs specified in the General Plan, any applicable community plan or specific plan, and this Development Code;
         (B)   Are compatible with the uses authorized in, and the regulations prescribed for, the land use and land use zoning district in which the real property is located;
         (C)   Are in conformity with public convenience, general welfare, and good land use practice;
         (D)   Will not be detrimental to the health, safety, and general welfare; and
         (E)   Will not adversely affect the orderly development of property or the preservation of property values.
      (2)   Include Reasons.  The recommendation shall include the reasons for the Commission’s recommendation.
   (b)   Decision by the Board.
      (1)   After the Board completes the public hearing, it may accept, modify, or disapprove the Commission’s recommendation. It may, but need not, refer matters not previously considered by the Commission during its hearing back to the Commission for report and recommendation. The Commission shall hold a public hearing on matters referred back to it by the Board.
      (2)   The Board shall not approve the development agreement unless it first makes all of the findings required by § 86.13.040(a)(1) (Findings Required), above.
   (c)   Approval of Development Agreement.  If the Board approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the County may enter into the development agreement.
(Ord. 4011, passed - -2007)