Article 3 — Standards Of Review, Findings And Decisions

After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the Hercules City Council. The recommendation shall include the Planning Commission's determination whether or not the development agreement proposed:

• (a) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.

• (b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.

• (c) Is in conformity with public convenience, general welfare and good land use practice.

• (d) Will be detrimental to the health, safety and general welfare.

• (e) Will adversely affect the orderly development of property or the preservation of property values.

• (Ord. 198 § 1 (part), 1985)

• (a) After the Hercules City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. The Planning Commission shall be notified by the Planning Director of any action taken by Council which modifies or disapproves Planning Commission recommendations. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Hercules City Council.

• (b) The Hercules City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

• (Ord. 198 § 1 (part), 1985)

If the Hercules City Council approves the development agreement, it shall do so by the adoption of an ordinance which includes authorization for execution of the development agreement by the Mayor.

After the ordinance approving the development agreement takes effect, Hercules may enter into the agreement.

(Ord. 198 § 1 (part), 1985)

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City of Hercules, CA

Sec. 10-8.401

LAND USE

Sec. 10-8.402

Article 4

Amendment And Cancellation Of Agreement By Mutual Consent

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

(Ord. 198 § 1 (part), 1985)

The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance. (Articles 1 through 3.)

However, where Hercules initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least thirty (30) days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 10-8.202. (Ord. 198 § 1 (part), 1985)

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City of Hercules, CA

Sec. 10-8.501

LAND USE

Sec. 10-8.501

Subarticle 5 Recordation

• (a) Within ten (10) days after Hercules enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

• (b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if Hercules terminates or modifies the agreement as provided in Government Code Section 6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement the City Clerk shall have notice of such action recorded with the County Recorder.

• (Ord. 198 § 1 (part), 1985)

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City of Hercules, CA

Sec. 10-8.601

LAND USE

Sec. 10-8.605

Article 6 Periodic Review

Hercules shall review the development agreement every twelve months from the date the agreement is entered into.

The time for review may be modified either by agreement between the parties or by the affirmative vote of a majority of the Hercules City Council. (Ord. 198 § 1 (part), 1985)

The Planning Director shall begin the review proceeding by giving notice that Hercules intends to undertake a periodic review of the development agreement to the property owner. The Planning Director shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Hercules City Council.

(Ord. 198 § 1 (part), 1985)

The Hercules City Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.

(Ord. 198 § 1 (part), 1985)

The Hercules City Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(Ord. 198 § 1 (part), 1985)

• (a) If the Hercules City Council finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

• (b) If the Hercules City Council finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Hercules City Council may modify or terminate the agreement.

• (Ord. 198 § 1 (part), 1985)

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City of Hercules, CA

Sec. 10-8.701

LAND USE

Sec. 10-8.702