A. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the mayor or city manager.

B. No ordinance shall be finally adopted until it has been executed by the applicant and all other parties to the agreement. If the applicant has not executed the agreement or agreement as modified by the council and returned the executed agreement to the city clerk within sixty days following council approval, the approval shall be deemed withdrawn, and the council shall not finally adopt such ordinance, nor shall the city manager execute the agreement.

A. Definition of the Term “Director.” When used in these zoning regulations or any permit or condition approved in compliance with these zoning regulations, the term “director” shall be as defined in Article 9 (Definitions) and shall include designee(s) of the director.

B. Duties and Authority. The director shall:

A. Review Authority on Specified Planning Matters. Final decisions on development agreements, zoning regulation amendments, general plan amendments, specific plans and amendments, zoning map amendments, environmental documents related to any of the foregoing, and other applicable policy or regulatory matters related to the city’s planning process as specified in the city charter, the municipal code, and these zoning regulations;

B. Appeals. The review of appeals filed from planning commission decisions; and

C. Compliance. The above-listed functions shall be performed in compliance with these zoning regulations, and the California Environmental Quality Act (CEQA). (Ord. 1705 § 75, 2021; Ord. 1650 § 3 (Exh. B), 2018)

A. Generally. When these zoning regulations require a public hearing before a decision on a permit or other discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code Section 21000 et seq.; and as required by this chapter.

B. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable:

C. Method of Notice Distribution. Notice of a public hearing required by this chapter, and any other type of notice specified in Article 6 (Permit Procedures), shall be given as follows, as required by Government Code Sections 65090 and 65091:

A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

C. Deferral of Final Decision.

D. Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case.

E. Formal Rules of Evidence or Procedure Not Applicable. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to these zoning regulations, except as otherwise required by the city charter or the municipal code, in compliance with Government Code Section 65010. (Ord. 1650 § 3 (Exh. B), 2018)

A. Director’s or Planning Commission’s Decision. The decision of the director or planning commission is final and effective after five p.m. on the tenth day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Chapter 17.126 (Appeals).

B. Council’s Decision.

A. A resolution of intention of the council;

B. An application by the director or any other person or agency in the form prescribed by the director. (Ord. 1650 § 3 (Exh. B), 2018)

A. Any owner of real property in the city or his/her authorized agent;

B. A resolution of intention of the council;

C. The director. (Ord. 1650 § 3 (Exh. B), 2018)

A. Planning Commission Action.

B. Council Action. Before taking action on a recommendation of the planning commission, the council shall hold a public hearing for which notice shall be given as provided in Chapter 17.122 (Public Notices and Hearings). (Ord. 1650 § 3 (Exh. B), 2018)

A. Decisions of the director shall be appealed to the planning commission. Such appeals shall be filed with the director.

B. Decisions of the planning commission shall be appealed to the council. Such appeals shall be filed with the city clerk.

C. The director or city clerk, as applicable, shall have the authority to combine multiple appeal filings for a single public hearing. (Ord. 1650 § 3 (Exh. B), 2018)

A. Action on appeals shall be “de novo” review and shall be considered at the same type of hearing and after the same notice that is required for the original decision.

B. Once an appeal has been filed, it shall be scheduled for the earliest available meeting, considering public notice requirements and scheduled hearings, unless the appellant agrees to a later date. (Ord. 1650 § 3 (Exh. B), 2018)

A. A development agreement application shall include the following information:

B. The director may waive the filing of one or more of the above items where the required information is filed with an application for a rezoning, use permit, variance, subdivision approval, or other development entitlement to be considered concurrently with the development agreement.

A. Director Responsibilities. When the director certifies that the application is complete, the item shall be scheduled for planning commission hearing, and the director shall give notice of the public hearing, as provided below.

B. Manner of Giving Public Notice. Public notice shall be provided in compliance with Chapter 17.122 (Public Notices and Hearings). (Ord. 1650 § 3 (Exh. B), 2018)

A. The proposed development agreement is consistent with the general plan and any applicable specific plan;

B. The proposed development agreement complies with these zoning regulations, the subdivision ordinance, and other applicable ordinances and regulations;

C. The proposed development agreement promotes the general welfare, allows more comprehensive land use planning, and provides substantial public benefits or necessary public improvements, making it in the city’s interest to enter into the development agreement with the applicant; and

D. The proposed project and development agreement:

A. Referral. After it completes the public hearing and considers the planning commission’s recommendation, the council may approve, conditionally approve, modify, or disapprove the proposed development agreement. The council may refer matters not previously considered by the planning commission during its hearing back to the planning commission for review and recommendation.

B. Approval. The development agreement may be approved if the council makes the findings for approval listed in Section 17.128.100. (Ord. 1650 § 3 (Exh. B), 2018)

A. Development agreements shall include the following:

B. Development agreements may also include additional terms, conditions, and restrictions in addition to those listed in subsection A of this section. These additional terms may include, but are not limited to:

A. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the city shall enter into the development agreement by the execution thereof by the mayor or city manager.

B. No ordinance shall be finally adopted until it has been executed by the applicant and all other parties to the agreement. If the applicant has not executed the agreement or agreement as modified by the council and returned the executed agreement to the city clerk within sixty days following council approval, the approval shall be deemed withdrawn, and the council shall not finally adopt such ordinance, nor shall the city manager execute the agreement.

C. Such sixty-day time period may be extended upon approval of the council. (Ord. 1650 § 3 (Exh. B), 2018)

A. Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies which do not conflict with such existing ordinances, rules, regulations and policies under the development agreement;

B. Prevent the approval, conditional approval, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations, and policies; or

C. Preclude the city from adopting and implementing emergency measures regarding water or sewer deficiencies when the council determines that such action is necessary to protect public health and safety. If such action becomes necessary, the council reserves the right to suspend water or sewer service on an equitable basis until such deficiencies are corrected. (Ord. 1650 § 3 (Exh. B), 2018)

A. Unless and until amended or canceled in whole or in part as provided in Section 17.128.190 or 17.128.210, a development agreement shall be enforceable by any party to the agreement, regardless of any change in regulations which alters or amends the regulations applicable to the project covered by a development agreement, except as specified in Sections 17.128.160 and 17.128.170.

B. The development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (Ord. 1650 § 3 (Exh. B), 2018)

A. Every development agreement entered into by the council shall provide for director review of compliance with the development agreement at time intervals as specified in the agreement, but not less than once every twelve months.

B. The director shall determine whether the applicant or his or her successor in interest has or has not complied with the agreement. If the director determines that the terms or conditions of the agreement are not being met, all parties to the agreement shall be notified by registered or certified mail or other method guaranteeing proof of delivery, also indicating that failure to comply within a period specified may result in legal action to enforce compliance, termination, or modification of the agreement.

C. It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with the agreement to the director’s satisfaction at the time of the director’s review. Refusal by the applicant or his or her successor in interest to provide the required information shall be prima facie evidence of violation of such agreement.

D. If, at the end of the time period established by the director, the applicant or his or her successor in interest has failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance, the director shall notify the council of his or her findings, recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement. (Ord. 1650 § 3 (Exh. B), 2018)

A. When the director notifies the council that a development agreement is being violated, a public hearing shall be scheduled before the council to consider the matter. Procedures for conduct of such hearing shall be the same as provided for initiation and consideration of a development agreement.

B. If the council determines that the applicant or his or her successor in interest is in violation of a development agreement, it may take one of the following actions:

A. After the hearing required by Section 17.128.210(A), the council may terminate or modify the agreement upon finding that:

B. Such remedial action may include, but is not limited to, changes to project design or uses, operating characteristics, or necessary on-site or off-site improvements which are determined to be reasonably necessary to protect public health, safety, or welfare, and to correct problems caused by or related to noncompliance with the terms of the agreement. (Ord. 1650 § 3 (Exh. B), 2018)

A. Public Hearings. Where an application for a development agreement is concurrently filed with an application for a zone change, use permit, variance, minor subdivision or tract map, or annexation and the applications may be feasibly processed together, public hearings may be concurrently held.

B. Zoning or Subdivision Exceptions. Yards, permit height, coverage, parking requirements, density, and other design standards may be modified or relaxed during consideration of a development agreement. The council may modify or relax development or subdivision standards when: (1) such modification or relaxation is otherwise allowed by this municipal code, (2) the council makes findings as required by zoning and subdivision regulations, and (3) the council determines that such modification or relaxation of standards is consistent with the general plan and reasonably necessary to allow the safe, efficient, and/or attractive development of the subject property. (Ord. 1650 § 3 (Exh. B), 2018)

B. Help achieve and maintain internal consistency of general plan elements and conformance between the plan and implementing techniques, such as zoning; and

C. Establish rights and assign responsibilities for the persons and agencies involved in general plan administration so each can perform fairly and effectively. (Ord. 1650 § 3 (Exh. B), 2018)

A. Initiation of Amendment by the City Council. The council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.130.030 (Schedule for and Coordination of Amendments).

B. Applications to Initiate Amendments. Any person may request an amendment of the general plan by filing an application with the community development department. Such application shall include:

C. Early Council Consideration of an Application. The director shall have the authority, prior to processing a general plan amendment application in conformance with the provisions of this chapter, to forward any such application to the council for early policy consideration to allow the council to determine whether the proposed amendment is consistent with overall policy direction in the general plan. The council, upon making specific findings in reference to specific general plan provisions, may direct the director to reject the application as inconsistent with overall general plan policy direction. (Ord. 1650 § 3 (Exh. B), 2018)

A. Limited to Four Times Annually. Any element of the general plan may be amended not more than four times each year. Each amendment may include more than one change to the general plan. Such amendments may be scheduled at any time deemed necessary or convenient. The planning commission may review individual amendments as often as necessary, but the council must consider them in no more than four batches per year so that cumulative effects of such amendments can be considered.

B. Coordination of Amendments. Changes in policy or land use designations which involve more than one element shall be made as concurrent amendments to the related elements in order to maintain internal plan consistency. (Ord. 1650 § 3 (Exh. B), 2018)

A. Planning Commission Actions.

B. City Council Actions.

B. Time Limits for and Revocation of Use Permits, Variances, and Home Occupation Permits.