Chapter 2 — NONRESIDENTIAL PROJECTS—REQUIREMENTS

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, if appropriate, a phasing plan;

E.

Public benefits in accordance with Section 92302.01.

(Prior code § 92302.00)

92302.01 - 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 non-residential unit and comprised of the following components:

1.

General plan maintenance fee of two hundred fifty dollars ($250.00) per nonresidential unit;

2.

Sheriff mitigation fee per existing ordinance for each nonresidential unit.

3.

Fire mitigation fee per existing ordinance for each nonresidential unit.

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

C.

Any fees required pursuant to subsection B. of this section 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 nonresidential 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 required pursuant to this section.

(Prior code § 92302.01)

(Ord. No. 1448, §§ 8, 9, 4-14-09)

92302.02 - 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 commercial 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 nonresidential 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 § 92302.02)

(Ord. No. 1448, §§ 8, 9, 4-14-09)

92302.03 - Reservation of rights.

A.

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.

B.

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.

C.

A development agreement shall not prevent the county from modifying or suspending the provisions of the development agreement if the board of supervisors finds that the failure of the county to do so would place residents of the county in a condition dangerous to their health or safety or both.

D.

A development agreement shall apply only to a project as that project is described in an environmental analysis certified, adopted or approved by the county at or before the time the county enters into the development agreement. A development agreement shall not apply to a project or portions of a project not encompassed by the project description in the county's environmental analysis.

(Prior code § 92302.03)

92302.04 - Construction codes.

A development agreement shall contain the acknowledgement of the possibility of changes in the Uniform building, plumbing, mechanical, electrical, fire and grading codes, as implemented by the county, during the term of the agreement and shall provide that any amendments shall apply to the nonresidential project subject to the development agreement.

(Prior code § 92302.04)

Chapter 3 - NONRESIDENTIAL PROJECTS— NOTICE AND HEARING

92303.00 - 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 § 92303.00)

92303.01 - 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 the development agreement.

(Prior code § 92303.01)

92303.02 - Failure to receive notice.

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 § 92303.02)

92303.03 - 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 § 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 § 92303.03)

(Ord. No. 1448, §§ 8, 9, 4-14-09)

92303.04 - Irregularity in proceedings.

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 § 92303.04)