30-95 - ENFORCEMENT.

30-95.1 - Periodic Review.

a.

The development agreement shall be reviewed every twelve (12) months from the date the agreement is entered into. It is the applicant's responsibility to apply in a timely fashion for the annual review.

b.

The Planning Director or his designee shall give notice to the applicant that the City intends to undertake the review of the development agreement. The notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Board.

c.

The Planning Board shall conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the applicant.

d.

If the Planning Board finds that the applicant has complied in good faith with the terms and conditions of the agreement the review for that period is concluded.

e.

If the Planning Board finds and determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Board shall forward its recommendations to the City Council and the Council may modify or terminate the agreement.

(Ord. No. 2189 N.S.)

a.

Notice of intention to modify or terminate the agreement shall be delivered to the applicant by certified mail containing:

1.

The time and place of the hearing;

2.

A statement as to whether the City proposes to terminate or to modify the development agreement;

3.

Other information which the City considers necessary to inform the applicant of the nature of the proceedings.

b.

At the time and place set for the hearing on modification or termination, the applicant shall be given an opportunity to be heard. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.

(Ord. No. 2189 N.S.)

30-96, 30-97 - RESERVED.

ARTICLE VIII. - PUBLIC ART IN NEW COMMERCIAL, INDUSTRIAL, RESIDENTIAL AND MUNICIPAL CONSTRUCTION[[11]]

Footnotes:

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Editor's note— Ord. No. 3199 N.S., § 1, adopted November 7, 2017, amended 30-65 in its entirety to renumbered it 30-98. Former 30-65, pertained to public art in new commercial, industrial, residential and municipal construction, and derived from Ord. No. 2892 N.S. and Ord. No. 2942 N.S.

30-98 - PUBLIC ART IN NEW COMMERCIAL, INDUSTRIAL, RESIDENTIAL AND MUNICIPAL CONSTRUCTION.

30-98.1 - Purposes.

The City Council finds and declares:

a.

Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, and helps to attract and anchor a large and diverse creative sector, enriching the City's cultural identity which is a key component of the City's economic vitality.

b.

The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.

c.

The incorporation of public art and cultural programs in private and public development is in the public interest and enhances the general welfare of those persons living and working in the City of Alameda.

d.

The provision of public art supports and implements General Plan policies to support and enhance the cultural and historic character of the community and ensure high quality architectural and artistic design in all new development.

e.

Cultural and artistic assets should be included in private development projects because those projects diminish the availability of the community's resources for those cultural and artistic features, and because it is important that those projects contribute to the urbanization of private property in a manner that benefits the public.

f.

Cultural and artistic resources foster economic development and tourism, revitalize urban areas, increase real property values, and improve the overall business climate by creating a more desirable community within which to live and work.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)