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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)
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