The applicant shall execute the development agreement within 15 calendar days after adoption of the ordinance. Failure to execute the agreement shall result in the agreement becoming null and void.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
Within 10 days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the Solano County recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms of conditions in the agreement, then the City Clerk shall have notice of such action recorded within the Solano County recorder.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
A. 
Rules Affecting All Development Agreements. All development agreements shall be subject to the regulation and requirements of the laws of the State, 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 such provisions of the development agreement shall 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.
B. 
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, conditional use permits, subdivision approvals, building permits, or any other City planning function. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.
C. 
Effect of Development Agreement. When approved, the development agreement and any development control maps and all notations, references, and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siting, or design of structures; location or design of open areas; and landscaping and other comparable regulations.
D. 
Construction. This chapter and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this chapter, any provision of such a development agreement which is in conflict with this chapter shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations, and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules, regulations, and official policies in force at the time of the approval of the development agreement by the City Council; provided, however, that the developer is subject to all increases in City imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement.
E. 
Judicial Review – Time Limitation. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City 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 decision as provided in Section 1094.6 of the Code of Civil Procedure of the State.
(Ord. 1972, Repealed and Replaced, 02/22/2022)