§124.0104 Decision Process for Development Agreements

A decision on an application for a Development Agreement shall be made in accordance with Process Five and in the following manner:

• (a) Planning Commission Recommendation. The Planning Commission shall hold a public hearing to consider whether to recommend approval or denial of the Development Agreement in accordance with section 112.0509(b).

• (b) City Council Action. The City Council may approve or deny a Development Agreement by ordinance after receiving the Planning Commission’s recommendation. If the Planning Commission does not make a recommendation within 60 calendar days of the initial Planning Commission hearing, the City Council may take action on the Development Agreement. The City Council’s action is final.

• (c) City Council Findings . To approve a Development Agreement, the City Council must find that:

  • (1) The Development Agreement is consistent with the applicable land use plans , Local Coastal Program , and the Land Development Code; and

  • (2) The Development Agreement will provide significant public benefits in proportion to the rights granted under the Development Agreement; and

  • (3) The significant public benefits will be in excess of what can be obtained under existing policies and regulations, and otherwise could not reasonably be derived or provided except through the Development Agreement.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)