Article IX — Amendment or Cancellation of Agreement by Mutual Consent — Santa Clara Planning Code

§ 17.10.290. Initiation of amendment or cancellation. ¶

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Any such person may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

(Ord. 1589 § 1, 7-5-1988; Formerly § 8B-29)

§ 17.10.300. Procedure. ¶

The procedure for amendment or cancellation in whole or in part of a development agreement by mutual consent shall be as follows:

(a) Upon receipt by Planning Director of a proposal for an amendment to or cancellation in whole or in part of the development agreement, a public hearing thereon shall be set and conducted before the City Council within ninety (90) days of receipt of the proposal;
(b) As to prescribed notice of public hearing, where the City introduces the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least ten days in advance of the giving of notice of intention to consider the amendment or cancellation required by SCCC § 17.10.200 (b)(4);
(c) Any amendment, cancellation or imposition of new terms and conditions pursuant to this section shall be by ordinance. The ordinance shall recite the facts, findings, information relied on, and reasons which, in the opinion of the City Council, make the amendments or cancellation of the development agreement necessary. Not later than ten days following the adoption of the ordinance, one copy thereof shall be forwarded to the developer. The development agreement shall become effective on the effective date of such ordinance unless otherwise indicated therein.
(d) Although approved by the City Council, an amendment to or cancellation of a development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the amendment or cancellation of the development agreement and the execution of such amendment or a written consent to such cancellation by all parties to the development agreement or by their successors in interest.
(Ord. 1589 § 1, 7-5-1988; Formerly § 8B-30)