Hercules Municipal Code Art. 3 Standards Of Review, Findings And Decisions

After the hearing by the Planning Commission, the Planning Commission shall make its recommendation in writing to the Hercules City Council. The recommendation shall include the Planning Commission's determination 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.

(e) Will adversely affect the orderly development of property or the preservation of property values.

(Ord. 198 § 1 (part), 1985)

(a) After the Hercules City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. The Planning Commission shall be notified by the Planning Director of any action taken by Council which modifies or disapproves Planning Commission recommendations. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the Hercules City Council.

(b) The Hercules 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.

(Ord. 198 § 1 (part), 1985)

If the Hercules City Council approves the development agreement, it shall do so by the adoption of an ordinance which includes authorization for execution of the development agreement by the Mayor.

After the ordinance approving the development agreement takes effect, Hercules may enter into the agreement.

(Ord. 198 § 1 (part), 1985)