Chapter 10 — NONRESIDENTIAL PROJECTS—APPROVED DEVELOPMENT AGREEMENTS

92310.00 - Generally.

A development agreement is a legislative act which shall be approved by ordinance. All approved development agreements shall be codified by amendment of this chapter.

(Prior code § 92310.00)

92310.01 - Mesquite Regional Landfill—Findings.

The board finds that the development agreement by and between the county of Imperial and Arid Operations Inc., Gold Fields Mining Corporation, Western Waste Industries, and SP Environmental Systems relating to the development known as Mesquite Regional Landfill (the "development agreement"), a copy of which is attached to the ordinance codified in this section as Exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Codified Ordinances of the county and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development subject to full and proper environmental review under NEPA/CEQA, resulting in the certification of an EIS/EIR on September 6, 1995, which review encompassed the development agreement. Findings regarding same are contained in board of supervisors Resolution 090695-2.g. and the adoption of the ordinance codified in this chapter is based on those findings.

(Prior code § 92310.01)

92310.02 - Mesquite Regional Landfill—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the developer's agreement on behalf of the county.

(Prior code § 92310.02)

92310.03 - Mesquite Regional Landfill—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Prior code § 92310.03)

92310.04 - Mesquite Regional Landfill—Amendment.

A.

Findings. The board finds that the development agreement by and between the county of Imperial and Arid Operations Inc., Gold Fields Mining Corporation, Western Waste Industries and SP Environmental Systems

relating to the development known as Mesquite Regional Landfill, as approved in Ordinance No. 1165, and as amended herein:

1.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

2.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

3.

Is in conformity with and will promote public convenience, general welfare, and good land use practice;

4.

Will not be detrimental to the health, safety and general welfare;

5.

Will not adversely affect the orderly development of property or the preservation of property values; and

6.

Will provide significant public benefits.

Copies of the development agreement approved by Ordinance No. 1165, and the amendments hereto approved by this section, are attached to the ordinance codified in this section as Exhibit 1, and are incorporated by reference.

The board further finds that the underlying development project to which the amended development agreement relates was subject to full and proper environmental review under the National Environmental Policy Act ("NEPA") and the California Environmental Quality Act ("CEQA"), resulting in the certification of an Environmental Impact Statement/Environmental Impact Report ("EIS/EIR") on September 6, 1995, and in the certification of an Addendum to the Final EIR on September 2, 1996, which review encompassed the amended development agreement. Findings regarding same are contained in board of supervisors Resolution No. 090695-2.g. and 96-122, and the adoption of said ordinance is based on those findings.

The board further finds that the development agreement, as amended, complies with Division 23 of Title 9 to the Codified Ordinances of the county of Imperial, as adopted in Ordinance No. 1158. The board finds that, for the reasons set forth in the development agreement, it is reasonable and appropriate that the board extend the term of the development agreement beyond ten (10) years.

B.

Approval. Pursuant to the authorization provided in Section 65865 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the amendments to the development agreement, a copy of which appears as Exhibit 1 to the ordinance codified in this section. The board authorizes the chairperson of the board to execute the amendments to the development

agreement on behalf of the county. These amendments shall be understood and interpreted in accordance with the development agreement approved by the board in Ordinance No. 1165.

C.

Statute of Limitations. No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or nonbusiness entity other than the parties to the amended development agreement or their successors to attack, review, interpret, set aside, void, or annul all or any part of the amended development agreement or the decision of the county of Imperial to approve and execute the amended development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the adoption of said ordinance.

(Prior code § 92310.05)

The board finds that the development agreement by and between the county of Imperial and Los Alamos Land Company and Pan American Development Company, LLC, relating to the development known as Los Alamos International Center (the "development agreement"), a copy of which is attached to the ordinance codified in this section as Exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning director as being consistent with the county's general plan and the provisions of Division 9 of Title 8 of the Codified Ordinances of the county and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper environmental review under NEPA/EIR on September 6, 1995, which review encompassed the development agreement. Findings regarding same are contained in board of supervisors Resolution 090695-2.g and the adoption of the ordinance codified in this section is based on those findings.

(Ord. 1207 § 1 (part), 1998)

92310.06 - Los Alamos International Center —Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county.

(Ord. 1207 § 1 (part), 1998)

92310.07 - Los Alamos International Center —Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of said ordinance.

(Ord. 1207 § 1 (part), 1998)

92310.08—92310.11 - Reserved.

Editor's note— Sec. 1 of Ord. No. 1548, adopted July 23, 2019, rescinded §§ 92310.08—92310.11, which pertained to Seville Solar Farms Complex, and derived from Ord. No. 1503.

92310.12 - Generally.

A development agreement is a legislative act which shall be approved by ordinance. All approved development agreements shall be codified by amendment of this chapter.

(Ord. No. 1502, § 2, 1-27-15)

92310.13 - Wistaria Ranch Solar, LLC—Findings.

The board finds and ordains that the development agreement by and between the county of Imperial and Wistaria Ranch Solar, LLC relating to the development of the Wistaria Ranch Solar Energy Center (the "development agreement"), a copy of which is attached to the ordinance codified in this section as Exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning director as being consistent with the county's general pl an and the provisions of Division 23 of Title 9 of the Codified Ordinances of the county, has been reviewed by the planning commission and that the development agreement:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located with the adoption of the variances;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits because it provides renewable solar energy as mandated by state and federal law and economic benefits as set out in the EIA/JIA/FIA Report.

The board specifically finds and ordains that the provisions of the development agreement are consistent with the county's general plan. The board further finds and ordains that the underlying development subject to full and proper environmental review under CEQA, resulting in the certification of an EIR on December 30, 2014, which review encompassed the development agreement. Findings regarding same are contained in board of supervisors' Resolution 2014-152 and the adoption of the ordinance codified in this chapter is based on those findings.

(Ord. No. 1502, § 2, 1-27-15)

92310.14 - Wistaria Ranch Solar LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the developer's agreement on behalf of the county.

(Ord. No. 1502, § 2, 1-27-15)

92310.15 - Wistaria Ranch Solar, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of

Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1502, § 2, 1-27-15)

92310.16 - Lindsey Solar Farm—Generally.

A development agreement is a legislative act which shall be approved by ordinance. All approved development agreements shall be codified by amendment of this chapter.

(Ord. No. 1535, § 2, 2-5-19)

92310.17 - Lindsey Solar Farm—70SM 8ME, LLC—Findings.

The board finds and ordains that the development agreement by and between the county of Imperial and 70SM 8ME, LLC relating to the development of the Lindsey Solar Farm projects (the "development agreement"), a copy of which is attached to the ordinance codified in this section as exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Codified Ordinances of the county, has been reviewed by the planning commission and that the development agreement:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located with the adoption of the variances;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits because it provides renewable solar energy as mandated by state and federal law and economic benefits as set out in the EIA/JIA/FIA Report.

The board specifically finds and ordains that the provisions of the development agreement are consistent with the county's general plan. The board further finds and ordains that the underlying development subject to full and proper environmental review under CEQA, resulting in the certification of an addendum to the

previously certified EIR (SCH2011071083) on February 5, 2019, which review encompassed the development agreement. Findings regarding same are contained in the board of supervisor's resolution and the adoption of the ordinance codified in this chapter is based on those findings.

(Ord. No. 1535, § 2, 2-5-19)

92310.18 - Lindsey Solar Farm—70SM 8ME, LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the developer's agreement on behalf of the county.

(Ord. No. 1535, § 2, 2-5-19)

92310.19 - Lindsey Solar Farm—70SM 8ME, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1535, § 2, 2-5-19)

92310.20 - Wilkinson Solar Farm—Generally.

A development agreement is a legislative act which shall be approved by ordinance. All approved development agreements shall be codified by amendment of this chapter.

(Ord. No. 1536, § 2, 2-5-19)

92310.21 - Wilkinson Solar Farm—70SM 8ME, LLC—Findings.

The board finds and ordains that the development agreement by and between the county of Imperial and 70SM 8ME, LLC relating to the development of the Wilkinson Solar Farm projects (the "development agreement"), a copy of which is attached to the ordinance codified in this section as exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Codified Ordinances of the county, has been reviewed by the planning commission and that the development agreement:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located with the adoption of the variances;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits because it provides renewable solar energy as mandated by state and federal law and economic benefits as set out in the EIA/JIA/FIA Report.

The board specifically finds and ordains that the provisions of the development agreement are consistent with the county's general plan. The board further finds and ordains that the underlying development subject to full and proper environmental review under CEQA, resulting in the certification of an addendum to the previously certified EIR (SCH2011071083) on February 5, 2019, which review encompassed the development agreement. Findings regarding same are contained in board of supervisor's ordinance and the adoption of this ordinance codified in this chapter is based on those findings.

(Ord. No. 1536, § 2, 2-5-19)

92310.22 - Wilkinson Solar Farm—70SM 8ME, LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the developer's agreement on behalf of the county.

(Ord. No. 1536, § 2, 2-5-19)

92310.23 - Wilkinson Solar Farm—70SM 8ME, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within 120 days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1536, § 2, 2-5-19)

92310.24 - Titan Solar I, LLC—Findings.

The board finds that the development agreement by and between the county of Imperial and the owner as defined in Exhibit 1, relating to the development known Titan Solar I, LLC project (the "development agreement"), a copy of which is attached to the ordinance codified in this section as Exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning and development services director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Imperial County Codified Ordinances of the county "the Ordinances" and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper environmental review under CEQA.

(Ord. No. 1545, § 1, 7-23-19)

92310.25 - Titan Solar I, LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the County of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county Seville Solar Farm Complex project Titan Solar I, LLC Lot 2 and 3 of TM 988.

(Ord. No. 1545, § 1, 7-23-19)

92310.26 - Titan Solar I, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1545, § 1, 7-23-19)

92310.27 - Titan Solar I, LLC—Codification.

This chapter shall be codified as required by Section 92310.27 of the county of Imperial Codified Ordinances.

(Ord. No. 1545, § 1, 7-23-19)

92310.28 - Seville Solar Holding Company, LLC—Findings.

The board finds that the development agreement by and between the county of Imperial and the owner as defined in Exhibit 1, relating to the development known as Seville Solar Holding Company LLC project (the "development agreement"), a copy of which is attached to the ordinance codified in this section as Exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning and development services director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Imperial County Codified Ordinances of the county "the ordinances" and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper environmental review under CEQA.

(Ord. No. 1546, § 1, 7-23-19)

92310.29 - Seville Solar Holding Company, LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the county of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county Seville Solar Farm Complex project Seville Solar Holding Company, LLC, Lot 4 and 5 of TM 988.

(Ord. No. 1546, § 1, 7-23-19)

92310.30 - Seville Solar Holding Company, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1546, § 1, 7-23-19)

92310.31 - Seville Solar Holding Company, LLC—Codification.

This chapter shall be codified as required by Section 92310.31 of the County of Imperial Codified Ordinances.

(Ord. No. 1546, § 1, 7-23-19)

92310.32 - Solana Energy Farms, I, LLC—Findings.

The board finds that the development agreement by and between the county of Imperial and the owner as defined in exhibit 1, relating to the development known as Solana Energy Farms I, LLC project (the "development agreement"), a copy of which is attached to the ordinance codified in this section as exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county planning and development services director as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the Imperial County Codified Ordinances of the county "the ordinances" and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper environmental review under CEQA.

(Ord. No. 1547, § 1, 7-23-19)

92310.33 - Solana Energy Farms, I, LLC—Approval.

Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the state of California and the County of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county Seville Solar Farm Complex project Solana Energy Farms I, LLC, Lots 1, 6, and 7 of TM 988.

(Ord. No. 1547, § 1, 7-23-19)

92310.34 - Solana Energy Farms, I, LLC—Statute of limitations.

No action or proceeding ("action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or nonbusiness entity other than the parties to the development agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the development agreement or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1547, § 1, 7-23-19)

92310.35 - Solana Energy Farms, I, LLC—Codification.

This chapter shall be codified as required by Section 92310.35 of the County of Imperial Codified Ordinances.

(Ord. No. 1547, § 1, 7-23-19)

The Board finds that the originally proposed development agreement by and between the County of Imperial and Drew Solar, LLC, relating to the development of the Drew Solar Project ("the development agreement"), a copy of which is attached to ordinance codified in this section as exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the County's Director of Planning and Development services as being consistent with the County's general plan and the provisions of Division 23 of Title 9 of the County of Imperial Codified and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses, and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare, and good land use practice;

D.

Will not be detrimental to the health, safety, or general welfare of the public;

E.

Will not adversely affect the orderly development of property or the preservation of property values; and

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement are consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper environmental review under CEQA. Findings regarding the same are contained in Board of Supervisors Resolution 2020-08, the adoption of the ordinance in this chapter is based on those findings.

(Ord. No. 1554, § 1(92310.24), 1-28-20)

Pursuant to the authorization provided in Sections 65864 et seq. of the California Government Code, and the County of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county.

(Ord. No. 1554, § 1(92310.25), 1-28-20)

No action or proceeding ("action") may be brought by a person, public agency, public or private corporation, partnership, association, organization, or other business or business entity other than the parties to the development agreement or their successors, to attack, interpret, set aside, void, or annul all or any part of the development agreement, or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the County of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1554, § 1(92310.26), 1-28-20)

The board finds that the originally proposed development agreement by and between the county of Imperial and Westside Canal Battery Storage, LLC, relating to the development of the Westside Canal Battery Storage Project ("the development agreement"), a copy of which is attached to ordinance codified in this section as exhibit 1, and incorporated into this chapter for all purposes by this reference, has been recommended by the county's director of planning and development services as being consistent with the county's general plan and the provisions of Division 23 of Title 9 of the County of Imperial Codified Ordinances and has been recommended by the county planning commission that it:

A.

Is consistent with the objectives, policies, general land uses, and programs specified in the general plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare, and good land use practice;

D.

Will not be detrimental to the health, safety, or general welfare of the public;

E.

Will not adversely affect the orderly development of property or the preservation of property values; and

F.

Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement arc consistent with the county's general plan. The board further finds that the underlying development project to which the development agreement relates was subject to full and proper

environmental review under CEQA. Findings regarding the same are contained in Board of Supervisors Resolution 2021-130, the adoption of the ordinance in this chapter is based on those findings.

(Ord. No. 1571, § 1(92310.27), 12-7-21)

92310.40 - Westside Canal Battery Storage Project—Approval.

Pursuant to the authorization provided in Sections 65864 et seq. of the California Government Code, and the County of Imperial Codified Ordinances, the board approves the development agreement. The board authorizes the chairperson of the board to execute the development agreement on behalf of the county.

(Ord. No. 1571, § 1(92310.28), 12-7-21)

92310.41 - Westside Canal Battery Storage Project—Statute of Limitations.

No action or proceeding ("action") may be brought by a person, public agency, public or private corporation, partnership, association, organization, or other business or business entity other than the parties to the development agreement or their successors, to attack, interpret, set aside, void, or annul all or any part of the development agreement, or the decision of the county of Imperial to approve and execute the development agreement, unless the action is commenced and service made on the county of Imperial within one hundred twenty (120) days from the county's adoption of the ordinance codified in this section.

(Ord. No. 1571, § 1(92310.29), 12-7-21)

Chapter 11 - RESIDENTIAL PROJECTS—APPLICATIONS

92311.00 - Authority for adoption.

These regulations are adopted pursuant to Article 11, Section 7 of the California Constitution and Government Code Section 65864 et seq.

(Prior code § 92311.00)

92311.01 - Purpose—Limitation on applicability.

A.

The purpose of this division is to establish the procedures and requirements mandated by Article 2.5 of Chapter 4 of the Government Code for the consideration of development agreements.

B.

This division, and the authority granted hereunder to enter into development agreements, is applicable only to those projects designed and constructed solely as residential projects. Residential projects include single family housing projects, residential cooperatives or condominiums and residential apartment complexes.

(Prior code § 92311.01)

92311.02 - Forms and information.

A.

The planning director shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation, review and implementation of development agreements.

B.

The planning director may require an applicant to submit such information and supporting data as the planning director considers necessary to process the application.

(Prior code § 92311.02)

92311.03 - Fees.

The application shall be accompanied by a fee of one thousand dollars ($1,000.00) to cover processing costs. Residential projects processed and billed on a time and materials basis do not require an additional deposit. In the event this amount proves insufficient, the planning director may require that additional fees be submitted. Such additional fees shall not exceed the estimated reasonable costs of processing the application. In the event the fees collected exceed the actual costs of processing the application, the excess amount shall be refunded upon the conclusion of proceedings.

(Prior code § 92311.03)

(Ord. No. 1448, §§ 12, 13, 4-14-09)

92311.04 - Qualification as an applicant.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The planning director shall require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the state of California evidencing the requisite interest of the applicant in the real property. Before processing the application, the planning director may obtain the opinion of county counsel as to the sufficiency of the applicant's interest in the real property to enter into the development agreement.

(Prior code § 92311.04)

92311.05 - Proposed form of agreement.

Each application shall be accompanied by the form of development agreement proposed by the applicant. If the planning director has approved a standard form of development agreement, this requirement shall be met by utilizing such standard form and including specific proposals for changes in or additions to the language of the standard form.

(Prior code § 92311.05)

92311.06 - Filing of application.

A.

The application for a development agreement shall be submitted no later than one week prior to the meeting of the environmental evaluation committee required by the county's procedures implementing the California Environmental Quality Act on the residential project to which the development agreement pertains. No application for a development agreement shall be accepted after this meeting.

B.

The application for a development agreement shall be submitted at the same time as the application for the residential project to which the development agreement pertains. No application for a development agreement shall be accepted after the application for the residential project to which the development agreement pertains has been deemed complete.

C.

Notwithstanding subsections A. and B. of this section to the contrary, an application for a development agreement may be submitted on any residential project that has not received a final approval as of the date the ordinance codified in this division becomes effective; provided, that such application for such residential project has been deemed complete by the planning director prior to such date.

(Prior code § 92311.06)

(Ord. No. 1448, §§ 14, 15, 4-14-09)

92311.07 - Review of application.

The planning director shall endorse on the application the date of receipt, shall review the application, and may reject it if incomplete or inaccurate. If the application is complete, the planning director shall accept it for filing. The planning director shall determine any additional requirements necessary to complete the development agreement on the basis of the application as filed. After receiving all required information, the planning director shall prepare a report and recommendation as to whether or not the development agreement as proposed, or in amended form, is consistent with the general plan, any applicable specific plan, and the provisions of these regulations.

(Prior code § 92311.07)

Chapter 12 - RESIDENTIAL PROJECTS—REQUIREMENTS

92312.00 - Contents.

A proposed development agreement shall include the following:

A.

A legal description of the property subject to the development agreement;

B.

The duration of the development agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes;

C.

Conditions, terms, restrictions, and requirements for subsequent county discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement;

D.

The estimated time when construction will be commenced and completed, including a phasing plan;

E.

Public benefits in accordance with Section 92312.01.

(Prior code § 92312.00)

92312.01 - Public benefits.

A development agreement shall provide for public benefits in addition to any exaction's already forthcoming through project approval. A development agreement shall include one or more of the following public benefits:

A.

Provisions which substantially advance the objectives of an adopted redevelopment plan.

B.

Payment of the fees set out below per residential unit and comprised of the following components:

1.

General plan maintenance fee of two hundred fifty dollars ($250.00) per residential unit.

2.

Sheriff mitigation fee per existing ordinance for each residential unit.

3.

Fire mitigation fee per existing ordinance for each residential unit.

Such fees shall be payable prior to the issuance of building permits.

C.

Fees required pursuant to subsection B. above, shall be adjusted during the term of the development agreement to match any adjustments of such fees by the board of supervisors.

D.

A development agreement shall not exempt a residential project from any subsequently adopted development exaction, including any air quality mitigation fee, except to the extent that such subsequently adopted fee fulfills the same purposes as the fees set forth in subsection 92312.01 B.

(Prior code § 92312.01)

(Ord. No. 1448, §§ 16, 17, 4-14-09)

92312.02 - Term.

A.

The maximum term of a development agreement shall be ten (10) years from the date of the approval of the commercial project to which it pertains. The term of a development agreement may be for less than the maximum term. A development agreement having an initial term of less than ten (10) years may be extended for an additional period not to exceed a total of ten (10) years from the date of approval of the residential project to which it pertains. Any request for extension shall be noticed and processed in the same manner as an application for a development agreement.

B.

Notwithstanding subsection A., the board of supervisors may extend the term of a development agreement beyond the initial term for one additional ten-year (maximum) period, upon making findings in support thereof.

C.

Notwithstanding subsection A., the board of supervisors may at the time of initial project approval may grant on a case-by-case basis a specific initial term, upon making findings in support thereof.

D.

At the end of the term of the development agreement, the development agreement shall terminate for all purposes and the residential project that was the subject of the development agreement shall be subject to all laws, rules and regulations applicable to such projects and/or uses.

(Prior code § 92312.02)

(Ord. No. 1448, §§ 16, 17, 4-14-09)

Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the 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 rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the county, 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 herein, nor shall a development agreement

prevent the county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Prior code § 92312.03)

92312.04 - Construction codes.

A development agreement shall acknowledge the possibility of changes in the county's building, plumbing, mechanical, electrical, fire and grading codes during the term of the agreement and shall provide that any code amendments relating to construction or grading standards and specifications shall apply to the residential project subject to the development agreement.

(Prior code § 92312.04)

Chapter 13 - RESIDENTIAL PROJECTS—NOTICE AND HEARING

92313.00 - Duty to give notice.

The planning director shall give notice of intention of the planning commission to consider adoption of a development agreement, and the clerk of the board shall give notice of intention of the board of supervisors to consider adoption of a development agreement.

(Prior code § 92313.00)

92313.01 - Requirements for form and time of notice of intention to consider adoption of development agreement.

A.

Form of Notice. The notice of intention to consider adoption of a development agreement shall contain:

1.

The date, time and place of the hearing;

2.

The identity of the hearing body;

3.

A general explanation of the matter to be considered including a general description of the location of the real property that is the subject of the hearing; and

4.

Such other information required by law or which the planning director or clerk considers necessary or desirable.

B.

Time and Manner of Notice. Notice shall be given at least ten (10) days prior to the public hearing in all the following ways:

1.

Publication: publication once in a newspaper of general circulation, published and circulated in the county.

2.

Mailing: mailing of the notice to all persons shown on the latest equalized assessment roll and any update as owning real property within three hundred (300) feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than one thousand (1,000), the planning director or clerk may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the county.

3.

Notification of applicant: mailing or delivery of the notice to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

4.

Notification of affected local agencies: mailing or delivery of the notice to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected by the proposed development agreement.

C.

Declaration of Existing Law. The notice requirements referred to in subsections A and B of this section are declaratory of existing law (Govt. Code Sections 65867, 65090 and 65091). If state law prescribes a different notice requirement, notice shall be given in that manner. The notices required by this section are in addition to any other notices required by law for other actions to be considered concurrently with development agreement.

(Prior code § 92313.01)

The failure of any person or entity to receive notice given pursuant to these regulations shall not affect the authority of the county to enter into a development agreement.

(Prior code § 92313.02)

92313.03 - Rules governing conduct of hearing.

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof on all issues at the public hearing on a proposed development agreement.

(Prior code § 92313.03)

Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding concerning a development agreement. No action, inaction, or recommendation by the county or the board of supervisors or county administrative agencies or officials on a development agreement shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.

(Prior code § 92313.04)

Chapter 14 - RESIDENTIAL PROJECTS—STANDARDS OF REVIEW, FINDINGS AND DECISION

All development agreements shall be considered at a public hearing before the planning commission. At the conclusion of the hearing the planning commission shall make a recommendation in writing to the board of supervisors. This recommendation shall include the commission's determinations as to whether the proposed development agreement:

A.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

B.

Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

C.

Is in conformity with and will promote public convenience, general welfare and good land use practice;

D.

Will not be detrimental to the health, safety and general welfare;

E.

Will not adversely affect the orderly development of property or the preservation of property values;

F.

Will provide significant public benefits.

This recommendation shall also include the commission's reasons for its recommendation.

(Prior code § 92314.00)

92314.01 - Hearing and decision by the board of supervisors.

Upon receipt of the recommendation of the planning commission, the clerk of the board shall set the proposed development agreement for hearing by the board of supervisors. After the board of supervisors completes its public hearing it may approve, modify or disapprove the recommendation of the planning commission. A development agreement shall not be approved unless the board finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. The decision of the board shall be final.

(Prior code § 92314.01)

92314.02 - Approval of development agreement.

Development agreements shall be approved by ordinance. The ordinance shall refer to and incorporate by reference the text of the development agreement. Within ten (10) days after the ordinance approving a development agreement takes effect, the chairperson of the board shall execute the development agreement on behalf of the county.

(Prior code § 92314.02)

Chapter 15 - RESIDENTIAL PROJECTS—RECORDATION

92315.00 - Recordation of development agreement, amendment or cancellation.

A.

Within ten (10) days after the county executes a development agreement, the clerk of the board shall record with the county recorder a copy of the agreement, which shall describe the land subject thereto.

B.

If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided in Chapter 92316 of these regulations and Government Code Section 65868, or if the county terminates or modifies the development agreement as provided in Chapter 92318 of these regulations and Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the development agreement, the clerk of the board shall have notice of such action recorded with the county recorder.

C.

From and after the time of the recordation required by this section, notice shall be imparted as provided by the recording laws of the state of California. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.

(Prior code § 92315.00)