§ 13-7

a.

Unless otherwise provided by the development agreement, the city's rules, regulations and official policies governing permitted uses of the property, density and design; and improvement and construction standards and specifications applicable to development of the property shall be those city rules, regulations and official policies in force on the effective date of the development agreement.

b.

A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement.

c.

A development agreement shall not prevent the city from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies.

(Ord. No. 1151, § 1)

13-7.004 Rules Affecting Development Agreement. All development agreements shall be subject to the regulations and requirements of the laws of the State of California, the Constitution of the United States and any codes, statutes or executive mandates and any court decisions, state or federal, thereunder. In the event that any such law, code, statute, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner

and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate or decision.

(Ord. No. 1151, § 1)

13-7.006 Separate Procedure. All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the zoning ordinance, the general plan, a master plan, precise development plan, conditional use permit, subdivision approval, building permit or any other city planning function. To the extent practicable, public hearings on a proposed development agreement should be held concurrently with the public hearings on related land use approvals.

(Ord. 1151, § 1)

13-7.008 Construction. This chapter governs the interpretation of any development agreement enacted under this chapter.

(Ord. No. 1151, § 1)

13-7.010 Execution and Recordation of Development Agreement, Amendment or Cancellation.

a.

Within ten days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.

b.

If the parties to the development agreement or their successors in interest cancel or modify the development agreement as provided in Government Code Subsection 65868 and this chapter, or if the city council terminates the development agreement as provided in Government Code Subsection 65865.1 and this chapter for failure of the developer to comply in good faith with the terms or conditions of the development agreement, the city clerk shall, after such action takes effect, record notice of such action with the county recorder.

(Ord. No. 1151, § 1)

13-7.012 Enforcement of a Development Agreement. The procedures for enforcement, modification or termination of a development agreement specified in this section are non-exclusive. A development agreement may be enforced, modified or terminated by any manner otherwise provided by law or by the terms of the development agreement.

(Ord. No. 1151, § 1)

13-7.014 Severability Clause. Should any provision of this chapter or a subsequent development agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this chapter and development agreement shall remain in full force and effect unimpaired by the holding, except as may otherwise be provided in a development agreement.

(Ord. No. 1151, § 1)

a.

Any judicial review of an ordinance approving a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure; and judicial review of any city action taken by the city pursuant to this chapter, other than the initial approval of a development agreement, shall be writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. The use of the term "substantial evidence" in this chapter with respect to the quantum of proof necessary in connection with a finding of noncompliance is not intended to limit nor impose a standard of review upon, any court pursuant to a proceeding initiated for that purpose.

b.

Any action or proceeding to attack, review, set aside, void or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of the decision.

• (Ord. No. 1151, § 1)