Part 4 — CONTENTS

A.

Every development agreement shall be for a limited term of years. Such term shall be subject to amendment in accordance with the procedures set forth above for amendment.

B.

The development agreement shall specify the permitted uses of the subject property, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and/or dedication of land for public purposes.

C.

The development agreement may contain a requirement that construction be commenced within a specified period of time or that the project or any phase thereof be completed within a specified time or make other provisions with respect to the timing of development.

D.

The development agreement may specify the location of public improvements, requirements for landscaping and any other terms and conditions.

E.

It shall contain a hold-harmless agreement and an agreement to indemnify the city from all suits and actions arising in connection with the agreement, excepting suits and actions brought by the developer for default of this agreement by the city or arising from the sole active negligence or willful misconduct of city.

(Ord. 28986.)

A.

The development agreement shall specify the elements of development of the subject property which are intended to vest. Elements which may be so vested include but are not limited to the permitted uses, density, and intensity of use, the maximum height, maximum size and provisions for reservation or dedication of land.

B.

Such vesting shall mean that all standards in the general plan, zoning code, and other rules, regulations, ordinances and official policies applicable to the development on the date of the adoption of the ordinance approving the development agreement remain in full force and effect and to the extent any changes in such general plan, zoning code or other rules, regulations, ordinances or policies are in conflict with the vested elements, the vested elements shall prevail.

C.

To the extent any provisions of future general plans, zoning codes or other rules, ordinances, regulations or policies, adopted on a city-wide basis, are applicable to the subject property and are not in conflict with the vested elements, such general plan, zoning code or other rules, ordinances, regulations or policies shall be applicable.

(Ord. 28986.)

Section 18.02.410 shall not preclude the application to development of the subject property of changes in city laws, regulations, plans or policies, the terms of which are specifically mandated and required by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the agreement have been executed or action of any governmental jurisdiction other than the city prevent or preclude compliance with one or more provisions of this agreement or require changes in plans, maps or permits approved by city, the development agreement shall be modified, extended or suspended as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governmental jurisdictions.

(Ord. 28986.)

A.

Nothing herein shall be construed to limit the authority or obligation of the city to hold necessary public hearings or to limit the discretion of city or any of its officers or officials with regard to rules, regulations, ordinances, laws and entitlements of use which require the exercise of discretion by city or any of its

officers or officials, provided that subsequent discretionary actions shall not be in conflict with those elements vested in the development agreement.

B.

Nothing herein to the contrary, all applications for approvals, permits, and entitlements shall be subject to the development and processing fees and taxes which are in force and effect at the time the application therefor is filed.

C.

Nothing herein shall be construed to limit the authority of the city to adopt and apply codes, ordinances or regulations which have the legal effect of protecting persons or property from dangerous or hazardous conditions which create a substantial physical risk. This subsection is not intended to be used for purposes of general welfare or to limit intensity of development or use but to protect and recognize the authority of the city to deal with endangerments not adequately addressed at the time of the adoption of the development agreement.

D.

Codes, ordinances, and regulations relating to construction standards or permits shall apply as of the time of grant of each applicable construction permit except to the extent that such are in conflict with a vested element. In the case of conflict, the new codes, ordinances, and regulations shall apply to new construction to the same extent as would be applicable in the case of substantial reconstruction of an existing structure.

(Ord. 28986.)

In the event a development agreement is found to be invalid in whole or in part as a result of a final determination by a court of competent jurisdiction, such finding shall not disturb, invalidate, terminate or rescind the other land-use regulations, permits or approvals related to the project or property which are the subject of such agreement.

(Ord. 28986.)