A. Any 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. Where amendments are proposed, which amendments are of a substantive nature, the procedures for approval thereof shall be the same as the procedures for approval of a development agreement in the first instance.
B. For purposes of these regulations, an amendment is a substantive amendment if it is one which changes the term of the development agreement or modifies the provisions of the agreement dealing with the permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by a landowner, or any other material term or condition of the agreement.
C. Any other amendment of the agreement is not a substantive amendment and shall not require a hearing before the planning and design commission or the city council and need not be referred to the planning and design commission.
D. Prior to commencement of development or at such earlier time as may be required under the development agreement approval process, parcelization of the property or any portion thereof, shall conform to the applicable zoning. It is contemplated that upon the reparcelization of the property, a development agreement may be amended by the landowner or a successor and the city manager, acting on behalf of the city, to conform the descriptions of the property to such reparcelization, as a non-substantive amendment.
E. Determinations as to whether a proposed amendment is a substantive amendment shall be made by the city manager.
F. The city council shall not approve a substantive amendment unless it makes all of the findings required pursuant to Section 18.16.110(A) of this chapter.
G. Even if the findings set forth in subsection F of this section can be made, the city council may in its sole discretion deny approval of the amendment on the ground that it is not in the public interest. (Ord. 2012-004 § 81; prior code § 56.06.613)