Upland City Zoning Code
PART 6
Zoning Ordinance Administration
§ 17.46.010 Purpose.
This chapter provides procedures for public hearings required by the Zoning Ordinance. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter and applicable State law.
§ 17.46.020 Notice of Hearing.
When the Zoning Ordinance requires a noticed public hearing before a decision on a permit, or for another matter, the public will be provided notice of the hearing as required by this chapter and State law.
A.
Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.
1.
Hearing Information. The date, time, and place of the hearing and the name of the hearing body, and the phone number and street address of the Development Services Department, where an interested person could call or visit to obtain additional information.
2.
Project Information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
3.
Statement on Environmental Document. The hearing notice shall state if the proposed project is determined exempt under the California Environmental Quality Act (CEQA), or if a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project. The hearing notice shall include a statement that the hearing body will also consider approval of the CEQA determination or document prepared for the proposed project.
B.
Method of Notice Distribution. Notice of a public hearing required by this chapter shall be given as follows:
1.
Mailing. Notice shall be mailed or delivered at least ten days before the scheduled hearing to the following recipients:
a.
Project Site Owners and the Applicant. The owners of the property being considered in the application or the owners' authorized agent, and the applicant.
b.
Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
c.
Affected Owners. All owners of real property within 300 feet of the exterior boundaries of the parcel that is the subject of the hearing. Notification shall be extended when less than ten properties are within 300 feet to include ten properties. In lieu of utilizing the latest assessment roll, the City and/or applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll.
d.
Persons Requesting Notice. Any person who has filed a written request for notice with the Development Services Director.
e.
Other Persons. Any other person, whose property might, in the judgment of the Development Services Director, be affected by the proposed project.
2.
Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with paragraph 1 of this subsection is more than 1,000, the Development Services Director may choose to provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within Upland at least 10 days prior to the hearing.
3.
Publication and Posting. If notice is mailed or delivered as described in paragraph 1 of this subsection, the notice shall also either be:
4.
Additional Notice. In addition to the types of notice required above, the Development Services Director may provide any additional notice and content using a distribution method that the Development Services Director determines is necessary or desirable.
5.
Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.
§ 17.46.030 Scheduling of Hearing.
After the completion of all materials required to render a decision on a matter, a matter requiring a public hearing shall be scheduled for a public hearing at an appropriate time, but no sooner than any minimum time period established by State law.
§ 17.46.040 Hearing Procedure.
A.
Time and Place of Hearing. A hearing will be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.
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.
Motion of Intent. The hearing body may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
§ 17.46.050 Recommendations.
After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body. A copy of the recommendation shall be mailed to the applicant at the address shown on the application.
§ 17.46.060 Decision and Notice.
A.
Decision.
1.
The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, make a motion of intent and continue the matter to a later meeting agenda in compliance with this chapter, or continue the matter to a later meeting agenda in compliance with this chapter.
2.
At the conclusion of a hearing conducted by the Development Services Director, the Development Services Director may choose to refer the matter to the Planning Commission for review and final decision. Referral to the Planning Commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to a requested approval.
3.
The decision of the City Council on any matter is final and conclusive. The decision of the Development Services Director and Planning Commission are final upon the completion of the appeal period if no appeal is filed and no call for review is requested.
B.
Notice of Decision.
1.
Provision of Notice. Following the final decision on an application for a permit or other approval required by the Zoning Ordinance, the Development Services Department shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City's final action.
2.
Contents of Notice. The notice of the final decision shall contain applicable findings; conditions of approval; reporting and monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City; and the procedure for appeal of the Development Services Director and Planning Commission decisions.
§ 17.46.070 Effective Date of Decision.
A.
City Council Decision. A decision of the City Council is final and shall be effective on the date the decision is rendered.
B.
Other Decisions. The decision of the Development Services Development or Planning Commission is final and effective after 5:00 p.m. on the 10th day following the date the decision is rendered, when no appeal or call for review to the decision has been filed in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).
§ 17.47.010 Purpose.
This chapter establishes procedures for the appeal and calls for review of actions, interpretations, and decisions made by the Development Services Director and Planning Commission.
§ 17.47.020 Referrals.
The Development Services Director may defer a decision on any matter of public controversy within his or her purview to the Planning Commission.
§ 17.47.030 Appeal Subjects and Jurisdiction.
§ 17.47.040 Filing and Processing of Appeals.
A.
Eligibility. Any person may submit an appeal of a decision by the Development Services Director or Planning Commission.
B.
Timing of Appeal. An appeal shall be filed within ten days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. If the tenth or final day falls on a weekend or a City legal holiday, the appeal may be filed by 5:00 pm on the next day on which the office is open for business.
C.
Form of Appeal.
1.
An appeal shall be submitted in writing on an official City application form together with all required application fees.
2.
The appeal application shall specifically state the pertinent facts and the basis for the appeal.
3.
The appeal of a decision made by a review authority at a noticed public hearing may be as to the whole decision or only a part of the decision. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.
E.
Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority.
F.
Report and Scheduling of Hearing.
1.
When an appeal has been filed, the Development Services Department shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority within 90 days of receiving the appeal.
2.
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 17.46 (Public Notice and Hearings).
3.
Any interested person may appear and be heard regarding the appeal.
4.
All appeals on a single project shall be considered together at the same hearing.
G.
Hearing and Decision.
1.
During the appeal hearing, the review authority shall take action only on the specific basis for the appeal. The review authority shall make its own decision supported by findings. In doing so, it may:
2.
The hearing body's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance of the subject of the appeal with the General Plan, Zoning Ordinance and other applicable regulations.
3.
A matter being heard on appeal may be continued for good cause (e.g., additional CEQA review is required).
4.
If the hearing body is unable to reach a decision on the matter appealed, the outcome of the appeal shall be as follows:
a.
For appeals to the whole decision or an indispensable part of a whole decision, the appeal shall be deemed denied and the application or project is denied.
b.
For appeals to a condition or dispensable part of a decision where the remainder of the application that is the basis for the decision being appealed remains in effect, the appeal shall be deemed denied and the condition or dispensable part of a decision shall remain in effect.
H.
Effective Date of Appeal Decision.
1.
Planning Commission's Decision. A decision of the Planning Commission is final and effective after 5:00 p.m. on the 10th day following the date the decision is rendered, when no appeal to the decision or call for review has been filed in compliance with this article. In the event the completion of the appeal period falls on a weekend or City recognized holiday, the decision shall become effective after 5:00 pm on the first business day following the completion of the appeal period.
2.
City Council Decision. A decision of the City Council is final and shall be effective on the date the decision is rendered.
§ 17.47.050 Calls for Review.
A.
City Council Review. The City Council may call for a review of any action, interpretation, or decision made by the Planning Commission or Development Services Director.
B.
Initiation. One or more members of the City Council may initiate a call for review by filing a written request with the Development Services Director within ten days following the date of the decision. The applicant of the matter called for review shall be notified within ten days of the initiation of a call for review.
C.
Effect of Calls for Review.
1.
A request for a call for review stays the effective date of a determination or decision until the City Council can make a decision on the call for review request.
2.
The filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed; the normal appeal period will continue to run.
3.
Where a call for review only applies to a limited issue, an individual may still appeal all or another part of a determination or decision.
D.
Report and Scheduling of Hearing.
1.
When a call for review has been initiated, the Development Services Director shall approve a report on the matter, including all of the application materials in question. The Department shall schedule the matter for a public hearing by the City Council within 30 days of receiving the call for review.
2.
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 17.46 (Public Notice and Hearings).
3.
Any interested person may appear and be heard regarding the call for review.
E.
Hearing and Decision.
1.
During the public hearing, the City Council may consider any issue involving the matter called for review, in addition to the specific grounds for the call for review. The City Council may:
2.
The City Council's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the matter called for review, and verify the compliance of the matter with the Zoning Ordinance.
3.
Within 60 days of the initial public hearing on the call for review, the City Council shall render its decision on the matter, unless it is continued for good cause (e.g., additional CEQA review is required).
4.
In the event of a tie vote by the City Council, the decision is a denial of the action requested.
F.
Effective Date of Review Decision. A decision of the City Council is final and shall be effective on the date the decision is rendered.
§ 17.47.060 Judicial Review.
No person may seek judicial review of a City decision on a planning permit or other matter in compliance with the Zoning Ordinance until all appeals to the Planning Commission and City Council have been first exhausted in compliance with this chapter.
§ 17.48.010 Purpose.
This chapter establishes procedures for amending the Zoning Ordinance.
§ 17.48.020 Initiation.
A.
Zoning Map. A request for an amendment to the Zoning Map may be initiated by:
1.
The City Council,
2.
The Planning Commission,
3.
The Development Services Director, or
4.
The owner of the property for which the amendment is sought. For properties under multiple ownership, the application may be initiated only with the approval of owners representing 60 percent or more of the area to be rezoned.
§ 17.48.030 Application.
A.
General. An application for a Zoning Ordinance Amendment shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for Zoning Ordinance Amendment applications, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.48.060 (Findings and Decision).
B.
Map Amendments for Properties under Multiple Ownership. A Zoning Ordinance Map Amendment application for properties under multiple ownership shall be signed by owners representing 60 percent or more of the area to be rezoned. The application may be withdrawn upon the written application of a majority of all the persons who signed such petition at any time prior to the hearing on the proposed amendment before the City Council.
C.
Referral to Municipalities. Development Services Department staff shall refer all Zoning Ordinance Map Amendments that affect a municipality's General Plan Planning Area to that municipality for review and comment prior to a public hearing on the proposed amendment.
§ 17.48.040 Planning Commission Hearing and Action.
A.
General. The Planning Commission shall conduct a public hearing on a proposed Zoning Ordinance Amendment in compliance with Chapter 17.46 (Public Notice and Hearings).
B.
Recommendation of Approval. The Planning Commission may recommend to the City Council the approval or conditional approval of the proposed Zoning Ordinance Amendment, based upon the findings specified in Section 17.48.060 (Findings for Decision). The Planning Commission shall forward a written recommendation, and the reasons for the recommendation, to the City Council within 90 days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the Planning Commission.
C.
Denial. The Planning Commission may deny the proposed Zoning Ordinance Amendment based upon the findings specified in Section 17.48.060 (Findings for Decision). For a Zoning Map Amendment, if the action of the Planning Commission is to recommend denial, the City Council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the Clerk of the City Council within five days after the Planning Commission recommendation is filed with the City Council.
§ 17.48.050 City Council Hearing and Action.
A.
Approval or Denial.
1.
Upon receipt of the Planning Commission's recommendation on the proposed Zoning Ordinance Amendment, the City Council shall conduct a public hearing in compliance with Chapter 17.46 (Public Notice and Hearings), unless it chooses not to hear a Zoning Map Amendment on which the Planning Commission has recommended denial.
2.
The City Council shall take action on the application based on the findings identified in Section 17.48.060 (Findings and Decision).
3.
The action by the City Council shall be by a majority vote of the entire Council and shall be final and conclusive.
B.
Referral to Commission.
1.
If the City Council proposes to adopt a substantial modification to the Zoning Ordinance Amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.
2.
Failure of the Planning Commission to report back to the City Council within 40 days following the referral or such other time set by the Council shall be deemed approval by the Planning Commission of the proposed modification.
C.
Adoption by Resolution. If the City Council approves a Zoning Ordinance Amendment, it shall do so by adoption of a resolution specifying the findings identified in Section 17.48.060 (Findings and Decision). The effective date of the Zoning Ordinance Amendment shall be the effective date of the ordinance approving the Zoning Ordinance Amendment.
§ 17.48.060 Findings and Decision.
The City Council may approve a Zoning Ordinance Amendment only if all of the following findings are first made:
A.
Findings for all Zoning Ordinance and Zoning Map Amendments.
B.
Additional Finding for Zoning Ordinance Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
C.
Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large.
§ 17.48.070 Effective Dates.
A Zoning Ordinance Amendment becomes effective on the 31st day following the adoption of a resolution by the City Council.
§ 17.49.010 Purpose.
This chapter establishes procedures for amending the General Plan in a manner consistent with Government Code Section 65350 et seq.
§ 17.49.020 Initiation.
A.
General Plan Land Use Map Amendments. A request for an amendment to the General Plan Land Use Map may be initiated by:
1.
The City Council,
2.
The Planning Commission,
3.
The Development Services Director, or
4.
The owner of the property for which the amendment is sought. For properties under multiple ownership, the application may be initiated only with the approval of owners representing 60 percent or more of the area to be redesignated.
§ 17.49.030 Application.
A.
General. An application for a General Plan Amendment shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for General Plan Amendment applications, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.49.060 (Findings and Decision).
B.
Map Amendments for Properties under Multiple Ownership. A General Plan Land Use Map Amendment application for properties under multiple ownership shall be signed by owners representing 60 percent or more of the area to be redesignated. The application may be withdrawn upon the written application of a majority of all the persons who signed such petition at any time prior to the hearing on the proposed amendment before the City Council.
C.
Referral to Municipalities. Development Services Department staff shall refer all General Plan Map Amendments that affect a municipality's General Plan Planning Area to that municipality for review and comment prior to a public hearing on the proposed amendment.
§ 17.49.040 Planning Commission Hearing and Action.
A.
General. The Planning Commission shall conduct a public hearing on a proposed General Plan Amendment in compliance with Chapter 17.46 (Public Notice and Hearings).
B.
General Plan Text Amendments. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council concerning the proposed amendment, based on the findings identified in Section 17.49.060 (Findings and Decision). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public. A recommendation for approval of an amendment must be supported by a majority of the total membership of the Planning Commission.
C.
General Plan Land Use Map Amendment. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council concerning the proposed amendment based on the findings identified in Section 17.49.060 (Findings and Decision). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public. A recommendation for approval of an amendment must be supported by a majority of the total membership of the Planning Commission.
§ 17.49.050 City Council Hearing and Action.
A.
Approval or Denial.
1.
Upon receipt of the Planning Commission's recommendation on the proposed General Plan Amendment, the City Council shall conduct a public hearing in compliance with Chapter 17.46 (Public Notice and Hearings).
2.
The City Council shall take action on the application based on the findings identified in Section 17.49.060 (Findings and Decision).
3.
The action by the City Council shall be by a majority vote of the entire Council and shall be final and conclusive.
B.
Referral to Commission.
1.
If the City Council proposes to adopt a substantial modification to the General Plan Amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.
2.
Failure of the Planning Commission to report back to the City Council within 40 days following the referral or such other time set by the Council shall be deemed approval by the Planning Commission of the proposed modification.
C.
Adoption by Resolution. If the City Council approves a General Plan Amendment, it shall do so by adoption of a resolution specifying the findings identified in Section 17.49.060 (Findings and Decision). The effective date of the General Plan Amendment shall be the effective date of the resolution approving the General Plan Amendment.
§ 17.49.060 Findings and Decision.
The City Council may approve a General Plan Amendment only if all of the following findings are first made:
A.
The proposed General Plan Amendment is in the public interest.
B.
The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.
C.
The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.
D.
The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.
§ 17.49.070 Effective Dates.
A General Plan Amendment becomes effective on the 31st day following the adoption of a resolution by the City Council.
§ 17.49.080 Timing of Amendments.
The General Plan may be amended up to four times in a single calendar year.
§ 17.50.010 Purpose.
A Development Agreement is a contract between the City and an applicant for a development project, in compliance with Government Code Section 65864 et seq. The purpose of a Development Agreement is to:
A.
Facilitate development projects for which there is significant applicant contribution toward infrastructure, public facilities, open space or other amenities, or other programs of benefit to the City and its residents.
B.
Assure the applicant that upon approval of the subject project, the project may proceed in accordance with existing City policies, rules, and regulations in place at the time of Development Agreement approval.
C.
Encourage private participation in comprehensive planning and provision of public facilities, including, but not limited to, streets, sewerage, transportation, potable water, schools, and utilities.
D.
Provide a net benefit to the City and its residents not otherwise obtainable through other processes.
§ 17.50.020 Applicability.
A.
The City may enter into a Development Agreement with any person who has controlling, legal, or equitable interest in real property for the development of the property.
B.
Applicants for projects requiring major discretionary approvals, as determined by the Development Services Department, shall negotiate development agreements with the City to ensure that the City's interests will be protected. Terms of Development Agreements shall be commensurate with a project's anticipated impacts, while also providing a net benefit to the City and its residents not otherwise obtainable through other processes.
§ 17.50.030 Review Authority.
A Development Agreement is a legislative act. The City Council shall take action on all Development Agreement applications after considering the recommendation of the Planning Commission and Development Services Director.
§ 17.50.040 Application Submittal and Review.
An application for a Development Agreement shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department of Development Services handout for Development Agreement applications, together with all required fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.50.080 (Findings).
§ 17.50.050 Public Notice and Hearings.
Public notice and hearing for an application for a Development Agreement shall be provided in compliance with Chapter 17.46 (Public Notice and Hearings).
§ 17.50.060 Planning Commission Action.
After the public hearing on a Development Agreement application, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council based on the findings identified in Section 17.50.080 (Findings). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public.
§ 17.50.070 City Council Action.
A.
Approval or Denial.
1.
Upon receipt of the Planning Commission's recommendation on a Development Agreement application, the City Council shall conduct a public hearing and take action on the application based on the findings identified in Section 17.50.080 (Findings).
2.
The action by the City Council shall be by a majority vote of the entire Council and shall be final and conclusive.
B.
Referral to Commission. If the City Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.
C.
Adoption by Ordinance. If the City Council approves the Development Agreement, it shall do so by adoption of an ordinance specifying the findings identified in Section 17.50.080 (Findings). The effective date of the Development Agreement shall be the effective date of the ordinance approving the Development Agreement.
§ 17.50.080 Findings.
The City Council may approve an application for a Development Agreement only if all of the following findings can be made:
A.
The Development Agreement will provide clear and substantial benefits to the City and its residents.
B.
The Development Agreement complies with applicable policies and regulations set forth in the Zoning Ordinance, other City ordinances, the General Plan and any other applicable community or specific plan.
C.
The Development Agreement complies with the requirements of California Government Code Sections 65864 et seq.
D.
The Development Agreement will promote the public health, safety, and welfare, and will not be detrimental to or cause adverse effects to the residents, property, or improvements in the vicinity of the subject project.
E.
The Development Agreement will be compatible with the uses allowed in, and the regulations that apply to, the zone in which the subject property is located.
F.
The Development Agreement will not cause adverse effects to the orderly development of property or the preservation of property values in the City.
G.
The Development Agreement will further important Citywide goals and policies that have been officially recognized by the City Council.
H.
The Development Agreement will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.
§ 17.50.090 Conditions of Approval.
The City Council may attach conditions to the approval of a Development Agreement as needed to ensure compliance with all applicable standards and regulations in the Zoning Ordinance.
§ 17.50.100 Content of the Development Agreement.
A.
Mandatory Contents. All Development Agreements shall specify all of the following:
1.
The specified duration of the Development Agreement.
2.
The permitted uses of the subject property.
3.
The permitted density or intensity of development of the subject project.
4.
The maximum permitted height and size of proposed structures.
5.
Provisions for the dedication or reservation of land for public purposes.
6.
A specific sunset date for the Development Agreement.
B.
Optional Contents. Development Agreements may, upon mutual agreement of the City and the applicant, specify any of the following:
1.
The conditions, terms, restrictions, and requirements for subsequent discretionary actions.
2.
Requirements that construction be commenced within a specified time and that the project or any phase of the project be completed within a specified time.
3.
Terms and conditions related to applicant financing of necessary public facilities and subsequent reimbursement over time.
§ 17.50.110 Recordation.
The Development Agreement shall be recorded in the County Recorder's Office no later than 10 days after it is approved.
§ 17.50.120 Effect of Development Agreement.
A.
Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a Development Agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.
B.
A Development Agreement does not prevent the City in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.
§ 17.50.130 Periodic Review.
A.
The City shall maintain a list of all Development Agreements. The City shall perform a periodic review of the Development Agreement at least once every 12 months, or at any other time that the City considers to be appropriate, at which time the applicant (or successor in interest) shall demonstrate good faith compliance with the terms and conditions of the Development Agreement. The review shall be limited in scope to compliance with the terms and conditions of the Development Agreement.
B.
The costs of notice and related costs incurred by the City for review shall be borne by the applicant (or successor in interest).
C.
Failure of the City to conduct a periodic review shall not constitute a waiver by the City of its rights to enforce the provisions of the Development Agreement. The developer shall not assert any defense to the enforcement of the Development Agreement by reason of the failure of the City to conduct a periodic review.
§ 17.50.140 Modification or Termination.
A.
Result of Review. If, as a result of review under Section 17.50.130 (Periodic Review), the City determines that the applicant (or successor in interest) has not complied in good faith with the terms and conditions of the Development Agreement, the City may modify or terminate the Development Agreement.
B.
Notice. If the City determines to proceed with modification or termination of the Development Agreement, the City shall give notice to the applicant (or successor in interest) of its intention to modify or terminate the agreement. The notice shall contain all of the following:
1.
The time and place of the hearing, which shall be conducted by the City Council as provided in Subsection C (Hearing).
2.
A statement of whether the City proposes to modify or terminate the Development Agreement.
3.
Any other information the City considers necessary to inform the applicant (or successor in interest) of the nature of the proceedings.
C.
Hearing. The City Council shall conduct a hearing on the modification or termination of the Development Agreement consistent with the following provisions:
1.
The applicant (or successor in interest) shall be given an opportunity to be heard at the hearing.
2.
At the hearing, the City Council may affirm, modify, or reject the determination of City staff to modify or terminate the Development Agreement.
3.
The City Council may refer the matter back to City staff for further proceedings or for report and recommendation.
4.
The City Council may impose conditions to the action it takes that it considers reasonable and necessary to protect the interests of the City.
5.
The decision of the City Council on the modification or termination shall be final.