Article V — Hearing Before Planning Commission

On the date set for hearing or on the date or dates to which the hearing is continued, a development agreement shall be considered at a public hearing before the Planning Commission pursuant to the procedures described in Article VII of this chapter. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-12)

The Planning Commission may recommend adoption of a development agreement as a method of implementing or providing standards and criteria for any approval of the Planning Commission or permits or approvals issued or made by any other City agency, including but not limited to:

• (a) Rezoning and/or conditions imposed upon approval of rezoning;

• (b) Issuance of a conditional use permit;

• (c) Conditions imposed upon approval of a permit after discretionary review;

• (d) Conditions imposed in connection with the adoption of any general plan amendment or specific plan;

• (e) Conditions imposed in any planned unit development district;

• (f) Site-specific conditions imposed in any other district;

• (g) Approval of and/or conditions imposed upon approval of a subdivision or parcel map or maps;

• (h) The formation of any assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required or necessary on-site or off-site improvements or infrastructure; and/or

• (i) Mitigation measures imposed upon a development project pursuant to the California Environmental Quality Act or the National Environmental Protection Act.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-13)

The Planning Commission shall make a report and recommendation in writing to the City Council as follows:

• (a) That the development agreement be adopted as proposed;

• (b) That the development agreement be adopted with modifications, as proposed by the Planning Commission; or

• (c) That the development agreement be denied.

Any action taken by the Planning Commission shall include written findings specifying the facts and information relied upon by the Commission in rendering its decision and recommendation.

The Planning Commission shall make such report of its findings and recommendations to the City Council within thirty-five (35) days after the completion of said hearing. Failure of the Planning Commission to so report within said period shall be deemed to be a recommendation of denial by the Planning Commission of the development agreement.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-14)