Tustin Municipal Code Part 2 Notices and Hearing

The Director of Community Development shall give notice of intention to consider adoption of the development agreement and any other public hearing required by law or this chapter. Notice of intention to consider adoption of the development agreement may be given concurrently and as a part of the required public hearing notice for consideration of related land use proposals. The development agreement may include all or a part of the concurrent approved land use proposals. (Ord. No. 923, Sec. 1, 12-3-84)

The Planning Commission shall consider the proposed development agreement and make a recommendation thereon to the City Council in the manner set forth in this chapter. The Planning Commission shall forward its recommendations to the City Council within thirty (30) days of the time specified for the public hearing in the notice of intention. (Ord. No. 923, Sec. 1, 12-3-84)

Upon completion of the staff report required by section 9605, the Director of Community Development shall give notice of intention to consider adoption of a development agreement. The notice shall contain:

(a) The time and place of the public hearing.

(b) A general explanation of the development agreement, including a general description of the property proposed to be developed.

(c) Other information that the Director of Community Development considers necessary or desirable. (Ord. No. 923, Sec. 1, 12-3-84)

All notice required by this chapter shall be given in the following manner:

(a) Mailing or delivery to the applicant and to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the development agreement or by publication as authorized by Section 65854.5(b) of the Government Code.

(b) Mailing by first class mail to any person who has filed a written request therefor with the Director of Community Development.

(c) Publication at least once in a newspaper of general circulation published and circulated in the City. (Ord. No. 923, Sec. 1, 12-3-84)

The failure to receive notice by any person entitled thereto by law or this chapter does not affect the authority of the City to enter into a development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The Planning Commission shall make its recommendation to the City Council in writing. The recommendation shall include whether or not the proposed development agreement:

(a) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specified plan.

(b) Is compatible with the uses authorized in the district in which the real property is located.

(c) Is in conformity with the public necessity, public convenience, general welfare, and good land use practices.

(d) Will be detrimental to the health, safety, and general welfare.

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

(f) Will have a positive fiscal impact on the City. (Ord. No. 923, Sec. 1, 12-3-84)

After the recommendation of the Planning Commission or after the expiration of the time period specified in section 9607, the Director of Community Development shall give notice of a public hearing before the City Council in the manner provided for in sections 9608 and 9609. (Ord. No. 923, Sec. 1, 12-3-84)

(a) After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing on matters referred back to it by the City Council.

(b) The development agreement may not be approved unless the City Council finds that the development agreement is consistent with the General Plan and any applicable specific plan. (Ord. No. 923, Sec. 1, 12-3-84)

The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager. (Ord. No. 923, Sec. 1, 12-3-84)

(a) Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.

(b) The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.

(c) Except as provided for in section 9618, the development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

(a) No later than ten (10) days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement.

(b) If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. (Ord. No. 923, Sec. 1, 12-3-84)

(a) The City Council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement.

(b) The Director of Community Development shall give the applicant or successor in interest thereto at least thirty (30) days' advance notice of the time at which the City Council will review the development agreement.

(c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation.

(d) The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement.

(e) If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify, or terminate the development agreement. (Ord. No. 923, Sec. 1, 12-3-84)

(a) If, upon a finding under section 9617(d), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain:

(1) The time and place of the hearing;

(2) A statement as to whether or not the City Council proposes to modify or terminate the development agreement;

(3) Any proposed modification to the development agreement;

(4) Other information which the City Council considers necessary to inform the applicant or successor in interest thereto of the nature of the hearing.

(b) At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may take such action as it deems necessary to protect the interests of the City. The decision of the City Council shall be final. (Ord. No. 923, Sec. 1, 12-3-84)

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever unless after an examination of the entire record the court is of the opinion that the error complained of was prejudicial and that a different result would have been probable if the error had not occurred or existed. (Ord. No. 923, Sec. 1, 12-3-84)