(a) The ordinances and regulations of the City governing the development of the land at the time of the execution of any Development Agreement provided for hereunder shall continue to govern the development of land subject to the Development Agreement for the duration of the Development Agreement. At termination of the duration, of the Development Agreement, all then existing codes shall become applicable to the project regardless of terms of the Development Agreement, and said Development Agreement shall be modified accordingly.
(b) The City may apply ordinances and policies adopted subsequently to the execution of the Development Agreement to the subject property, only if the City has held a public hearing and determined that such new ordinances and policies are:
(1) Not in conflict with the laws and policies governing the Development Agreement and do not prevent development of the land uses, intensities, or densities as allowed under the terms of the Development Agreement;
(2) Essential to the public health, safety and welfare and expressly state they shall apply to a development that is subject to a Development Agreement;
(3) Specifically anticipated and provided for in the agreement; and
(4) The City demonstrates substantial changes have occurred in pertinent conditions existing at the time of approval of the Development Agreement, or the Development Agreement is based on substantially inaccurate information supplied by the developer.
(c) All Development Agreements shall specifically provide that subsequently adopted ordinances and policies of general application in the City, shall be applicable to the lands subject to the Development Agreement. (Ord. 173-2000. Passed 12-17-00.)