§ 9-54.070. Modification and Termination

A.

Agreement may be amended or cancelled. Any Development Agreement may be amended or cancelled by the mutual consent of the applicant and the Council.

B.

Committee to recommend regulations for negotiation. If an applicant is requesting a Development Agreement Modification in order to incorporate new more favorable regulations, policies or procedures of the SVMC, the City may also request that other new regulations apply to the project. A committee shall be appointed by the Director and the City Engineer to identify which regulations may be applicable to the project. The committee shall forward a listing of recommended regulations, for negotiation purposes, to the City Manager within 30 days of receipt of the Development Agreement Modification application.

C.

Council may modify or terminate agreement. The Council may modify or terminate a Development Agreement based upon substantial evidence that the applicant, or successor(s)-in-interest, has not complied in good faith with the terms or conditions of the agreement. The decision of the Council shall be final.

D.

Change in State or Federal laws. In the event 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, the affected provisions of the agreement shall be modified or suspended as may be necessary to comply with the State or Federal laws or regulations.

E.

Official policies, regulations, and rules.

1.

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

2.

In compliance with State law (Government Code Section 65866), a Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property as contained in this Section.

3.

Furthermore, a Development Agreement shall not prevent the City from disapproving or conditionally approving any subsequent development project application on the basis of existing or new policies, regulations and rules.

F.

Application of newly adopted standards. Application of standards adopted following the effective date of the Development Agreement shall require a modification to the Development Agreement.

G.

Procedures for modifying or terminating an agreement. The procedures for modifying or terminating Development Agreements shall follow the same guidelines required for entering into an agreement.

(§ 5, Ord. 1085, eff. January 6, 2006)