Chapter 4 — NONRESIDENTIAL PROJECTS—STANDARDS OF REVIEW, FINDINGS AND DECISION

92304.00 - Hearing and recommendation by planning commission.

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 § 92304.00)

92304.01 - 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 § 92304.01)

92304.02 - 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 § 92304.02)

Chapter 5 - NONRESIDENTIAL PROJECTS—RECORDATION

92305.00 - 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 clerk/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 92306 of these regulations and Government Code Section 65868, or if the county terminates or modifies the development agreement as provided in Chapter 92308 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 clerk/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 § 92305.00)

Chapter 6 - NONRESIDENTIAL PROJECTS—AMENDMENT OR CANCELLATION BY MUTUAL CONSENT

Any party, or successor in interest, to a development agreement may propose an amendment or cancellation, in whole or in part, of the development agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided under Chapter 92308 of these regulations and Government Code Section 65865.1.

(Prior code § 92306.00)

The procedure for proposing and adoption of an amendment or cancellation, in whole or in part, of a development agreement shall be the same as for entering into the development agreement in the first instance. However, if the county initiates a proposed amendment or cancellation of the development agreement, it shall first give written notice by mail to the property owner of its intention to initiate such proceedings not less than thirty (30) days prior to the giving of public notice of hearing to consider the amendment or cancellation.

(Prior code § 92306.01)