Sec. 38-172. Development Agreement Hearings.
A.Upon finding the application for a development agreement complete, the Community Development Director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the Planning Commission. If the application is being processed with a development project, the public hearing may be held concurrently with the hearing of the project. Following conclusion of the public hearing, the Planning Commission shall make a finding as to whether the development agreement is consistent with the General Plan and shall make a written recommendation to the City Council. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
B.Upon receipt of the Planning Commission’s recommendation, the City Clerk shall set the application, draft agreement, and written report for public hearing before the City Council. The public hearing on the development agreement may be held concurrently with the hearing of an accompanying development project. Following conclusion of the public hearing the Council shall approve, conditionally approve or disapprove the application and draft development agreement.
C.Should the City Council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the City Manager.
D.The ordinance shall contain findings that:
1.The development agreement is consistent with this Article, the general plan, and all applicable neighborhood, community or specific plans;
2.The development agreement will not be detrimental to the health, safety and general welfare and will not adversely affect the orderly development of property or the preservation of property values;
3. Residential Projects Only.That the City Council has considered the effect of the development agreement on the housing needs of the City and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Ord. 3424 § 1, 2009)