Lincoln Municipal Code Ch. 18.84 Consideration

(a) The agreement shall contain all the matters required by Government Code section 65865.2 and such other matters as the city council determines to be appropriate.

(b) The agreement shall be drafted on paper eight and one-half by 11 inches in size and all attached exhibits shall be of a size to permit recording of the document pursuant to Section 18.80.040.

(c) The city attorney shall prepare a standard form of agreement which, when adopted by the city council, shall be used as the base document for each development agreement. Changes and additions to the standard form shall be made as individual circumstances dictate. An applicant may suggest modifications to the standard form.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.010, 1979)

(a) The planning director shall review the application and shall accept it for filing if it is complete and accurate.

(b) The planning director shall review the application and shall prepare a staff report and recommendation to the planning commission with regard to the proposed agreement.

(c) The city attorney shall prepare a draft agreement and forward the same to the planning director.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.020, 1979)

The planning director shall transmit the application and the draft agreement to the planning commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in Section 18.80.030. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.025, 1979)

After the planning commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the city council. The report and recommendation shall include proposed findings on the matters stated in Section 18.84.070.

(Ord. 415B §1 (part), 1982: Ord. 357B §10.03.030, 1979)

Upon receipt of the recommendation and report of the planning commission, the city council shall hold a public hearing. Notice of the public hearing shall be given as provided in Section 18.80.030.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(a), 1979)

After the council has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer matters not previously considered by the planning commission to the planning commission for a report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(b), 1979)

The council shall not approve the development agreement unless it finds that the agreement:

(1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

(2) Is compatible with the uses authorized in and the regulations prescribed for the land use zone(s) in which the real property is located;

(3) Is in conformity with public convenience, general welfare and good land use practices;

(4) Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole;

(5) Will not adversely affect the orderly development of property or the preservation of property values;

(6) Is consistent with the provisions of Government Code sections 65864 through 65869.5;

(7) Satisfies at least one of the findings in Section 15.32.240 of the municipal code.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(c), 1979; Ord. No. 913B, § 7(Exh. E), 6-28-2016)

The agreement may provide that the rules, regulations and official policies governing the permitted uses of land, density, design, and improvement and construction standards, or any one of these, shall be those rules, regulations and official policies in force on the date of execution of the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.040(d), 1979)

If the city council approves the development agreement, it shall adopt an amendment to this title approving the agreement and directing the mayor to execute the agreement after the effective date of the amendment to this title.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.050, 1979)

(a) Any party to a development agreement may propose an amendment to or cancellation of the agreement in whole or in part.

(b) Except as otherwise provided in this section and in Sections 18.86.030 through 18.86.060, the procedure for proposing and adopting an amendment to, or a cancellation in whole or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the city initiates a proposed amendment to or a cancellation in whole or in part of the agreement, the city shall first give written notice to each party, other than the city, who executed the agreement of its intention to initiate such proceedings not less than 30 days in advance of giving public notice of the hearing to consider such amendment or cancellation.

(c) Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity or use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement and construction standards and specifications, or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

(Ord. 415B §1(part), 1982: Ord. 357B §10.03.060, 1979)