The purpose of this article is to permit development agreements pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4 of Title 7 of the Government Code. In connection therewith, the City Council hereby finds as follows:

Development agreements as defined herein may be used in any zoning district authorized by this Zoning Ordinance. Said agreements shall be considered a combining zone with the existing district, and their approval shall be a legislative act, subject to referendum.

The City may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article, so long as such person’s interest entitles him to engage in such development.

The procedures stated in this article shall govern the issuance of development agreements.

Application for a development agreement shall be made in the same fashion as an application for an amendment to the Zoning Ordinance, as stated in Chapter 25 hereof, together with the additional requirements of this Chapter, to the extent that requirements of said Chapter 25 conflict with this Chapter, this Chapter shall prevail. In cases where both rezoning and a development agreement are applied for, duplicate documents need not be submitted.

In addition to the requirements of Section 23.050, the following shall be submitted:

Notwithstanding other provisions of the Zoning Ordinance, a public hearing on an application for a development agreement shall be held by the Planning Commission and by the City Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65854, 65854.5, and 65856 of the Government Code, in addition to such other notice as may be required by law for other actions to be considered concurrently with the development agreement.

At least every 12 months the Director shall review the project for good faith compliance with the terms of the agreement by the applicant or successor in interest thereto. In the event the Director determines that there is not good faith compliance, he shall refer the matter to the City Council, which shall determine, after a hearing, if good faith compliance has occurred. If the City Council finds that good faith compliance has not occurred, it may, in its sole discretion, terminate or modify the agreement in order to best preserve the public health, safety and welfare.

A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. No such agreement shall conflict with the requirements of the zone in which the project is located at the time the agreement is approved, and all such agreements must be in conformity with the General Plan as it exists at the time the agreement is approved.

Unless amended or canceled pursuant to Sections 23.080 or 23.120, 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 alters or amends the rules, regulations or polices specified in Section 23.110. The remedies stated in this article shall not be construed as limiting any other remedy provided by the Zoning Ordinance for violation thereof.

Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of 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 forth herein, 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.

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 23.110. An amendment to an agreement shall be subject to the provisions of Section 23.020.

No later than 10 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 this 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, but the parties may specify that the agreement cannot be assigned without written consent of the City.

In the event that applicable 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.