This article is enacted pursuant to the authority contained in Cal. Gov't Code §§ 65864 et seq., and, in enacting this article, the City Council makes the same legislative findings which are made in the California Government Code.

(Ord. 897-C-S, passed 10-25-94)

   Any development agreement enacted pursuant to this article shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of the uses, the maximum height and size of the proposed buildings, and provisions for the reservation or dedication of land for public purposes. Development agreements may include conditions, terms, restrictions, and requirements for subsequent discretionary actions provided such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the land for the uses and to the density or intensity of development as set forth in the agreement. The agreement may provide that construc-tion shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Ord. 897-C-S, passed 10-25-94)

   Unless otherwise provided in the development agreement, the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the property subject to the development agreement shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set out therein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Ord. 897-C-S, passed 10-25-94)

   Unless amended or canceled, a development agreement shall be enforceable by any party thereto, notwithstanding any change in any applicable General or Specific Plan, zoning, subdivision, or building regulation adopted by the city which is in conflict with the terms of the development agreement.

(Ord. 897-C-S, passed 10-25-94)

   Each development agreement enacted pursuant to this article shall contain a provision that periodic reviews of the agreement occur at least every 12 months after its execution. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the 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 agreement, the city may unilaterally terminate or modify the agreement.

(Ord. 897-C-S, passed 10-25-94)

   Public hearings on an application for a develop-ment agreement shall be held by the Commission and by the Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Cal. Gov't Code §§ 65080 and 65091 in addition to any other notice which is required by law for actions to be considered concurrently with the development agreement, if any.

(Ord. 897-C-S, passed 10-25-94)

   Development agreements shall be approved by ordinance and shall be subject to referendum if contested after approval. A development agreement shall not be approved unless the Council finds that the provisions of the agreement are consistent with the General Plan and any applicable Specific Plan.

(Ord. 897-C-S, passed 10-25-94)

   A development agreement may be amended, or canceled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. A notice of intention to amend or cancel any portion of the agreement shall be given in the manner set forth in this chapter. An amendment to an agreement shall be approved by ordinance, following findings of consistency with the General Plan and applicable Specific Plan as set forth in this chapter.

(Ord. 897-C-S, passed 10-25-94)

   No later than 10 calendar days after the city enters into a development agreement, the City Clerk shall record with the County Recorder a copy of the agreement which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of the state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

(Ord. 897-C-S, passed 10-25-94)

   In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. 897-C-S, passed 10-25-94)