A. Notice Of Hearing: A public hearing for an application for a development agreement shall be held by the commission and the council. The notice of intention to consider a development agreement by the commission and council is governed by California Government Code sections 65090 and 65091 and shall be consistent with chapter 9.85, "Public Notices And Hearings", of this title.
B. Recommendation By Commission: The commission shall make its recommendation in writing to the council. The recommendation shall include the commission's determination of whether the development agreement proposed is:
1. Consistent with the objectives, policies, land uses and programs specified in the general plan and any applicable specific plan;
2. Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and
3. Beneficial to the public health, safety, and welfare.
C. Decision Of The Council:
1. The council may approve, modify, or deny the recommendation of the commission. It may, but need not, refer matters not previously considered by the commission back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the council. Failure of the commission to respond to a council referral within forty five (45) days shall constitute their (the commission's) recommendation for approval.
2. The council may not approve the development agreement unless it finds that the provisions of the agreement are: a) consistent with the general plan or any applicable specific plan; b) compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located; and c) in conformity with good land use planning; and d) not detrimental to the health, safety and welfare.
3. Consideration for and action upon development agreements shall be consistent with and in accordance with applicable state law.
D. Approval Of Development Agreements: If the council approves a development agreement, it shall do so by the adoption of an ordinance. Such approval is a legislative act and such ordinance is subject to referendum. (Ord. 243, 10-15-2013)