Article VI — Hearing Before City Council

Upon the filing of such report and recommendations on a development agreement by the Planning Commission or upon the expiration of said thirty-five (35) days provided for in SCCC § 17.10.140 , the City Council shall, at its next regular meeting held at least three days thereafter on which the subject is agendized thereupon set the matter for public hearing before the City Council, and the City Clerk shall give required notice of the time, place and purpose of such hearing in the same manner and in the same terms as provided in Article VII of this chapter. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-15)

A development agreement is a legislative act and it shall be enacted or amended by ordinance only after a public hearing before the City Council. The ordinance shall be subject to referendum and refer to and incorporate by reference the text of the development agreement. The development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the development agreement and execution of the development agreement by all parties thereto.

Because a development agreement is also a contract which requires the consent of each party in order to become binding, the Council reserves the right to disapprove entering into any development agreement, regardless of the provisions hereof, and the ordinance shall be advisory only and shall not require the acceptance of any development agreement. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-16)

The City Council shall consider the proposed development agreement and the Planning Commission's recommendation together with any additional public testimony at the public hearing on the date set for said hearing or on the date or dates to which such hearing may be continued from time to time by the City Council.

The City Council may refer the issue back to the Planning Commission for further hearings and recommendations whereupon said Planning Commission shall file its report on reconsideration of the referral from the City Council within thirty (30) days thereafter. The City Council may also act on all or any such issue without reference back to the Planning Commission. The decision of the City Council shall be rendered within forty-five (45) days after the hearing before the City Council or within forty-five (45) days after the receipt of the final report from the Planning Commission, whichever is later, unless extended by mutual agreement of the qualified applicant and City Council. Failure of the City Council to act within the forty-five (45) days or extension shall be deemed a rejection of the development agreement. The City Council may:

• (a) Approve the development agreement as recommended by the Planning Commission;

• (b) Approve the development agreement with or without modifications; or

(c) Reject the development agreement, in whole or in part. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-17)

Before the City Council may approve a development agreement with or without modifications, it must find that its provisions are consistent with the general plan and any applicable specific plans and relevant City policies and guidelines for development. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-18)