Chapter 4.06
ADMINISTRATION
Sections:
4.06.010 Amendment and Cancellation.
4.06.030 Modification or Termination.
4.06.040 Irregularity in Proceedings.
4.06.010 Amendment and Cancellation.
(a) Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement.
(b) The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement.
(c) Except as provided for in Section 4.06.030, the development agreement may only be amended or cancelled in whole or in part by the mutual consent of all parties to the development agreement.
4.06.020 Periodic Review.
(a) The City Council shall review the development agreement at least every twelve (12) months from the date the development agreement is entered into until expiration of the term of the agreement.
(b) The Director shall give the applicant or successor in interest thereto at least (30) days advance notice of the time at which the City Council will review the development agreement.
(c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation.
(d) The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue shall be on the applicant or successor in interest.
(e) If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify, or terminate the development agreement.
4.06.030 Modification or Termination.
(a) If, upon a finding under Section 4.06.020(d), the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain:
(1) The time and place of the hearing;
(2) A statement as to whether or not the City Council proposes to modify or terminate the development agreement;
(3) Any proposed modification to the development agreement;
(4) Other information which the City Council considers necessary to inform the applicant or successor in interest thereto of the nature of the hearing.
(b) At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may take such action as it deems necessary to protect the interests of the City. The decision of the City Council shall be final and notice thereof shall be recorded as prescribed in Section 4.04.090.
4.06.040 Irregularity in Proceedings.
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission as to any matter pertaining to the application, notice, finding, record, hearing, report, recommendation, or any other matters of procedure whatsoever, unless after an examination of the entire record the court is of the opinion that the error complained of was prejudicial and that a different result would have been probable if the error had not occurred or existed.