Chapter 19.44 — APPEALS AND CALLS FOR REVIEW

(a)

Appeals. To avoid results that are inconsistent with the purposes of this Code, any order, requirement, decision, determination, interpretation or ruling of the community development director in administration of this title or of the planning commission on any application filed pursuant to this title may be appealed. Action of the community development director shall be appealed to the planning commission, and action of the planning commission shall be appealed to the city council. Unless otherwise prescribed in the individual chapters of this code, any person aggrieved by, or alleging such error may initiate an appeal.

(b)

Calls for review. Unless precluded by state law, as an additional safeguard to avoid results inconsistent with the purposes of this Code, the mayor and one council member, or any two city council members may call up any order, requirement, decision, determination, interpretation or ruling of the planning commission for city council review. If only the mayor, or only one council member wishes to call up a decision, the process shall be consistent with the appeal provisions of this chapter.

(Ord. No. 934-2015, § 19.44.010, 7-20-2015)

(a)

Filing of appeals. Appeals shall be in writing and shall be filed in the office of the planning department for community development director decisions, and in the office of city clerk for planning commission decisions upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation must set forth specifically where there was an error or abuse of discretion or where an application did meet or fail to meet, as the case may be, those qualifications or standards set forth in this title as being prerequisite in the granting of any application.

(b)

Calls for review. A call for city council review may be initiated by the mayor or any member of the city council with concurrence of another city council member and shall be filed in writing with the city clerk and should not state the reasons or justification for the review.

(c)

Effect on decisions. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved.

(Ord. No. 934-2015, § 19.44.020, 7-20-2015)

Sec. 19.44.030. - Time for filing.

(a)

Appeals. Appeals shall be filed within five working days after community development director or planning commission action, except in the case of subdivisions, which shall be filed within ten calendar days after action.

(b)

Calls for review. Calls for review shall be initiated within five working days after commission action.

(Ord. No. 934-2015, § 19.44.030, 7-20-2015)

Sec. 19.44.040. - Filing fees.

(a)

Appeals. An appeal shall be accompanied by a filing fee in an amount determined by city council resolution.

(b)

Calls for review. No fee shall be required for a call for review.

(Ord. No. 934-2015, § 19.44.040, 7-20-2015)

Sec. 19.44.050. - Procedures for appeals and calls for review.

(a)

Scheduling.

(1)

Within 30 days after the appeal of a community development director's decision, the planning commission shall hear the appeal, and give prior notice of the date, time and place thereof to the appellant. Prior to such hearing, the community development director shall transmit to the planning commission secretary a report of the community development director's decision, including all exhibits, notices, petitions and other papers and documents pertinent to the matter. The community development director, or the director's designee shall be represented in order to make known the reasons for the director's decision.

(2)

Within 40 days after the appeal or call for review of a planning commission decision is filed, the city council shall hear the appeal or call for review, and give prior notice of the date, time and place thereof to the applicant, the commission and the appellant, if any. Prior to such hearing, the planning commission secretary shall transmit to the city clerk a report of the findings of the commission and shall present at the hearing all exhibits, notices, petitions and other papers and documents on file in order to make known the reasons for the commission's decision.

(b)

Hearing and notice. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing pursuant to chapter 19.40. Notice shall be given in the manner required for the decision being appealed or reviewed. All other appeals or calls for review shall be a hearing only, and shall not be subject to the public hearing requirements.

(c)

Evidence. At the hearing, the planning commission (in the case of a director's decision) or city council (in the case of a commission decision) shall only consider all pertinent material and documents constituting the administrative record upon which the decision being appealed or reviewed is based. Introduction of new information during the hearing shall cause the matter and that new information to be remanded back to the community development director (in the case of a director's decision) or the planning commission (in the case of a commission decision) for consideration.

(d)

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

(e)

Required findings, decision and notice.

(1)

Following a planning commission appeal hearing, the planning commission may remand the matter to the director for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed. The planning commission decision shall be made within 30 days of the hearing date. The secretary of the planning commission shall mail notice of the planning commission decision to the appellant within five working days after the date of the decision.

(2)

Following a city council appeal or review hearing, the city council may remand the matter to the planning commission for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed. If the city council does not remand the matter to the planning commission, it shall make the findings prescribed by this Code for the matter in issue. The city council decision shall be made within 30 days of the hearing date. The city clerk shall mail notice of the city council decision to the applicant and to the appellant, if any, within five working days after the date of the decision.

(Ord. No. 934-2015, § 19.44.050, 7-20-2015)

CHAPTER 19.46. - DEVELOPMENT AGREEMENTS

The city council finds and declares that development agreements further the health, safety and welfare interests of the citizens of the city and the interest of developers. Development agreements promote the orderly development of real property within the city by ensuring compliance with the General Plan, zoning

and code requirements. Development agreements will further address concerns that ensure adequate infrastructure will be available for any proposed project.

(Ord. No. 934-2015, § 19.46.010, 7-20-2015)

(a)

Authority for adoption. These regulations are adopted under the authority of Government Code §§ 65864 through 65869.5.

(b)

Forms and information.

(1)

The city planner shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation and implementation of development agreements.

(2)

The city planner may require an applicant to submit such information and supporting data as the city planner considers necessary to process the application.

(c)

Fees. The city council shall, by separate resolution, fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations.

(d)

Qualification as an applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The city planner shall require an applicant to submit proof of this interest in the real property and of the authority of the agent to act for the applicant. The applicant shall submit original, signed, notarized documents from the property owner identifying the applicant as the authorized agent for proposed project developments and agreements.

(e)

Proposed form of agreement. Each application shall be accompanied by the form of development agreement approved by the city. This requirement may be met by designating the city's standard form of development agreement, or as approved by the city, and including specific proposals for changes in or additions to the language of the standard form.

(f)

Review of application. The city planner shall endorse on the application the date it is received. The city planner shall review the application and may reject it if it is incomplete or inaccurate for processing. If the city planner finds that the application is complete, the city planner shall accept it for filing. The city planner shall review the application and determine the additional requirements necessary to complete the agreement. After receiving the required information, the city planner shall prepare a staff report and recommendation and shall state whether or not the agreement proposed would be consistent with the General Plan and any applicable specific plan.

(Ord. No. 934-2015, § 19.46.020, 7-20-2015)

Sec. 19.46.030. - Notices and public hearing.

Notices and hearings for development agreements shall be in accordance with terms as specified pursuant to chapter 19.40, "Notices."

(Ord. No. 934-2015, § 19.46.030, 7-20-2015)

Sec. 19.46.040. - Standards of review, findings and decision.

(a)

Determination by planning commission.

(1)

After the public hearing by the planning commission, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination as to 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; and

e.

Will adversely affect the orderly development of property.

(2)

The recommendation shall include the reasons for the recommendation.

(b)

Decision by city council.

(1)

After the city council completes the public hearing, it may accept, modify or disapprove the recommendation of the planning commission. It shall refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation.

(2)

The 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.

(3)

Approval of the development agreement. If the city council approves the development agreement, it shall do so by the adoption of a resolution.

(4)

After the resolution approving the development agreement takes effect, the city council may enter into the agreement.

(c)

Approval of the development agreement. If the city council approves the development agreement, it shall do so by the adoption of a resolution. After the resolution approving the development agreement takes effect, the city council may enter into the agreement.

(Ord. No. 934-2015, § 19.46.040, 7-20-2015)

Sec. 19.46.050. - Amendment and cancellation of agreement by mutual consent.

(a)

Initiation of amendment or cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. Said amendments to a development agreement, or cancellation of same, shall occur only by mutual consent.

(b)

Procedure. The procedure for proposing an 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 agreement in the first instance. However, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the developer of its intention to initiate such

proceedings at least 15 days in advance of the giving of notice or intention to consider the amendment or cancellation required by section 19.46.030.

(Ord. No. 934-2015, § 19.46.050, 7-20-2015)

Sec. 19.46.060. - Recordation of development agreement, amendment or cancellation.

(a)

Within ten days after the city 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 § 68868, or if the city terminates or modifies the agreement as provided in Government Code § 65865.1 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. No. 934-2015, § 19.46.060, 7-20-2015)

Sec. 19.46.070. - Periodic review.

(a)

Time for and initiation of review. The city may review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the planning commission;

(3)

Affirmative vote of at least three members of the city council.

(b)

Notice of periodic review. The city planner may initiate the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the developer. The city planner shall give the notice at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(c)

Delegation to the city planner. Review shall be conducted by the city planner.

(d)

Public hearing. The planning commission may conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the developer.

(e)

Findings upon public hearing. The planning commission shall determine, upon the basis of substantial evidence, whether or not the developer has, for the period under review, complied in good faith with the terms and condition of the agreement.

(f)

Procedure upon findings.

(1)

If the planning commission 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, and a notice of that determination shall be published and mailed as provided in section 19.46.030.

(2)

If the planning commission 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 planning commission shall forward its recommendation to the city council and the city council may modify or terminate the agreement.

(Ord. No. 934-2015, § 19.46.070, 7-20-2015)

Sec. 19.46.080. - Modification or termination.

(a)

Proceedings upon modification or termination.

(1)

If, upon a finding under section 19.46.070, the city determines to proceed with modification or termination of the agreement, the city shall give notice to the developer of its intention to do so. The notice shall contain:

a.

The time and place of the public hearing, which shall be conducted by the city council;

b.

A statement as to the proposed action to either terminate or modify the development agreement; and

c.

Other information which the city considers necessary to inform the developer of the nature of the proceeding.

(2)

The proceeding shall be conducted in compliance with chapter 19.40 entitled "Notices." Nothing in this section shall prevent a request by the developer for modification or termination of the development agreement. However, said proceedings shall also be conducted in compliance with this section.

(b)

Hearing on modification or termination. At the time and place set for the public hearing on modification or termination, the developer shall be given an opportunity to be heard. If the request for modification or termination is received from the developer, the city council may refer the matter back to the planning commission for review and written recommendation. 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. 934-2015, § 19.46.080, 7-20-2015)

APPENDIX A. - CITY OF BARSTOW ZONING MAP

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(Ord. No. 934-2015, exh. B, 7-20-2015)