13-6 - Cancellation, Modification, or Termination.
Novato Planning Code · edición 2026-07 · actualizado 2026-07-25 · Novato
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13-6.002 Cancellation or Modification by Mutual Consent. Any development agreement may be cancelled or modified by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868 which requires that any proposal to cancel or modify a development agreement be heard and determined in accordance with the procedures specified by this chapter for approval of a development agreement.
(Ord. No. 1151, § 1)
13-6.004 Termination after Non-compliance.
a.
If a finding of noncompliance does not include terms of compliance, or if developer does not comply with the terms of compliance within the prescribed time limits, the community development director shall refer the development agreement to the planning commission for termination. The planning commission shall conduct a public hearing. After the public hearing, the planning commission shall either recommend to the city council that the council terminate the development agreement or recommend that the finding of noncompliance be rescinded and a finding of compliance issued.
b.
The city council shall review the recommendations of the planning commission at a public hearing. After the hearing the city council shall either terminate the development agreement or rescind the finding of noncompliance, and order the issuance of a finding of compliance.
c.
Any public hearing held pursuant to this section shall be noticed in accordance with the procedures specified in section 13-4 of this chapter.
(Ord. No. 1151, § 1)
13-6.006 Rights of the Parties After Cancellation or Termination.
a.
In the event that a development agreement should be cancelled or terminated, all rights of the developer, property owner or successors in interest under the development agreement shall terminate. The city may, in its sole discretion, determine to retain any and all benefits, including reservations or dedications of land, and payments of fees, received by the city.
b.
Notwithstanding the above paragraph, any termination of the development agreement shall not prevent the developer from completing a building or other improvements authorized pursuant to a valid building permit, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring after cancellation of the development agreement.
(Ord. No. 1151, § 1)
13-7 - Miscellaneous Provisions.
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Pregúntale a la IA sobre este código▸ Contenido — Novato Planning Code
- § 5-3
- § 5-5
- § 5-7
- § 5-11
- § 5-12
- 5-22 - Reserved.
- § 5-25
- § 5-29
- 5-30 - Reserved.
- § 5-31
- 5-32 - Reserved.
- § 5-35
- § 5-37
- § 5-43
- 5-44 - Reserved.
- § 5-45
- § 5-46
- § 5-55
- § 9-3
- § 9-5
- § 9-7
- 9-8 - Urban Lot Splits.
- 9-9 - Final Maps.
- § 9-11
- § 9-19
- § 9-20
- 9-22 - Reserved.
- 9-23 - Improvements.
- § 9-24
- 9-25 - Monuments.
- 9-26 - Reserved.
- § 9-27
- § 9-33
- § 9-35
- § 9-36
- § 12-1
- § 12-2
- § 13-1
- § 13-3
- 13-4 - Hearings.
- § 13-5
- 13-6 - Cancellation, Modification, or Termination.
- § 13-7