Reso 2013-150 - Laserfiche WebLink

Home

SAN LEANDRO ADMINISTRATIVE CODE TITLE 5 COMMUNITY DEVELOPMENT X5.4.140: DECISION BY CITY COUNCIL. (a) After a public hearing, the City Council may accept, modify or disapprove the recommen- dation of the Planning Commission. It may, but need not, refer back to the Planning Com- mission matters not previously considered by the Planning Commission during its hearing for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council. (b) The City Council may not approve the development agreement unless it makes the determi- nation set forth in §5.4.135(a) to (e) above. The City Council, in its sole discretion, may deny the development agreement on the grounds that in its opinion the proposed agreement is not in the best interest of the public. (c) If the property is located outside the City limits, the application for a development agree- ment shall be acted upon by the City only if the property is within the City's sphere of in- fluence or planning area boundaries. If so, the agreement shall be conditional upon the property being annexed to the City and shall specify the time period for completion of an- nexation. If annexation does not occur within the specified time period, the agreement shall be null and void. §5.4.145: APPROVAL BY ORDINANCE. If the City Council approves the development agreement, it shall do so by the adoption of an ordi- nance. After the ordinance approving the development agreement is adopted, the City may enter into the agreement. X5.4.150: CONTENTS OF AGREEMENT. (a) A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, and require- ments for constriction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedication or improvements. (b) A development agreement may also include conditions, terms, restrictions, and require- ments for subsequent discretionary actions but does not affect the Developer's responsibil- ity to obtain all permits or approvals required by the City's ordinances. (c) A development agreement may include conditions and restrictions imposed by the City with respect to the Project including those conditions, restrictions and monitoring requirements proposed in an environmental impact report applicable to the Project prepared and certified under the California Environmental Quality Act, in order to eliminate or mitigate adverse environmental impacts of the Project. Department Responsible for Revision: Community Development Chapter 5.4 11/21/2005 Page 4