13-4 - Hearings.

13-4.002 Planning Commission and City Council Hearings. All development agreements shall be considered at public hearings before the planning commission and the city council. Notice of intention to consider adoption of a development agreement shall be given as provided in section 13-4.012.

(Ord. No. 1151, § 1)

13-4.004 Required Findings for Approval by Planning Commission. After the hearing by the Planning Commission, the planning commission shall make a recommendation to the city council. The recommendation shall include the planning commission's determination whether or not the proposed development agreement:

a.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable or proposed master plan or precise development plan;

b.

Complies with the zoning for the real property in question;

c.

Is consistent with and complies with the City's Subdivision Ordinance and State Subdivision Map Act;

d.

Ensures provision of public facilities in a manner consistent with the city's general plan.

(Ord. No. 1151, § 1)

13-4.006 Ordinance; Public Hearing. Adoption of a development agreement is a legislative act and shall be approved by ordinance only after a public hearing before the city council. The ordinance shall refer to and incorporate by reference the text of the development agreement.

(Ord. No. 1151, § 1)

13-4.008 Conduct of Council Hearing. At the hearing, the city council shall consider the planning commission's recommendation together with any additional public testimony, and may approve, disapprove or modify any recommendation of the planning commission. If public testimony is presented on an issue which was not considered by the planning commission, then the city council may, but need not, refer the issue back to the planning commission for further hearing and recommendations.

(Ord. No. 1151, § 1)

13-4.010 City Council Approval. If the city council finds that the development agreement is consistent with the Novato General Plan and any applicable specific plan, and that the agreement will promote the public health, safety and general welfare it may, but is not required to, approve the development agreement.

(Ord. No. 1151, § 1)

13-4.012 Notice.

a.

The community development director shall give all required notices of the city's intention to consider adoption of a development agreement.

b.

The notice of intention shall contain:

1.

The time and place of the hearing;

2.

A general explanation of the matter to be considered including a general description of the area affected;

3.

The location(s) where a copy of the proposed development agreement may be reviewed;

4.

Any proposals in the development agreement affecting the Novato General Plan or any applicable prior approvals of the project;

5.

Other information required by specific provisions of this chapter or which the community development director considers necessary or desirable.

c.

The time and manner of giving notice is by:

1.

Publication at least once in a newspaper of general circulation, published and circulated in the city or if there is none, posting in at least three public places in the city.

2.

Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the community development director may as an alternative provide notice in the manner set forth in subsection 65854.5(b) of the Government Code, or applicable successor code provision.

3.

Such publication and mailing shall be done at least ten days prior to any hearing.

d.

The notice requirements referred to this section are declaratory of existing law. If state law is subsequently amended to prescribe a different notice requirement, notice shall be given in that manner.

(Ord. No. 1151, § 1)

13-4.018 Rules Governing Conduct of Hearings. All the public hearings under this chapter shall be conducted in accordance with the procedures and the time limits specified for the conduct of zoning hearings in accordance with the Municipal Code.

(Ord. No. 1151, § 1)

13-5 - Annual Review.

13-5.002 Time for and Initiation of Review.

a.

The community development director shall review the development agreement annually in order to ascertain the good faith compliance by the developer with its terms.

b.

The developer shall initiate the required annual review by submitting a written request at least 60 days prior to the review date specified in the agreement. The developer shall also provide evidence as determined necessary by the community development director to demonstrate good faith compliance with the provisions of the development agreement. The burden of proof by substantial evidence of compliance is upon the developer.

(Ord. No. 1151, § 1)

13-5.004 Finding of Compliance. If the community development director finds good faith compliance by the developer with the terms of the development agreement, he shall issue a finding of compliance, which shall be in recordable form and may be recorded by the developer in the official records after conclusion of the review. The issuance of a finding of compliance by the community development director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

(Ord. No. 1151, § 1)