§ 22.60

The adoption of a proposed specific plan is entirely at the discretion of the council. The council shall adopt a specific plan only if it finds that the proposed plan is consistent with the general plan and other adopted goals and policies of the city, and that the proposed specific plan is in compliance with the provisions of the California Environmental Quality Act (CEQA).

The specific plan shall be adopted by ordinance, or by resolution of the council, in compliance with state law (Government Code § 65453).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.60.070. - Implementation and amendments.

(a)

Development within specific plan area. After the adoption of a specific plan, only a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this Development Code may be approved/adopted within an area covered by a specific plan if it is first found consistent with the specific plan. The council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with state law (Government Code § 65456).

(b)

Amendments. An adopted specific plan shall be amended through the same procedure specified by this chapter for the adoption of a specific plan.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.62. - DEVELOPMENT AGREEMENTS

Sec. 22.62.010. - Purpose.

(a)

This chapter outlines the procedures and minimum guidelines/requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other

persons having a legal or equitable interest in the property proposed to be subject to the agreement, commission or council.

It is intended that the provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Government Code § 65864), and shall be so construed.

(b)

In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Article 2.5 of the Government Code, cited above), and the agreement itself.

Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

(1)

The plain terms of the development agreement itself;

(2)

The provisions of this chapter; and

(3)

The provisions of state law (Article 2.5 of the Government Code, cited above).

(Ord. No. 02(1998), § 2, 11-3-98)