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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)
ARTICLE 33: SPECIFIC PLANS
It is the intent of the city, from time to time, to adopt specific plans pursuant to the authority contained in Cal. Gov't Code §§ 65450 through 65553 and successor legislation. Such Specific Plans shall provide for the systematic execution of the General Plan and contain those regulations necessary for that purpose. Any Specific Plan adopted pursuant to this chapter shall have the force of law as provided for in the California Government Code.
(Ord. 897-C-S, passed 10-25-94)
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