Chapter 8 — PENALTIES

Any person who does not comply with the provisions of this division or the regulations adopted pursuant to this division shall be liable civilly for a sum not to exceed one thousand dollars ($1,000.00) per day per violation, in addition to any other penalties provided for in this division.

(Prior code § 92208.00)

Any person liable for penalties under this division shall also be liable for reasonable attorney's fees and costs incurred by the county in the enforcement of this division and in the recovery of penalties.

(Prior code § 92208.01)

Chapter 9 - APPEALS

A party aggrieved by a decision of the board of supervisors, the commission or the director, pursuant to this division, may seek review of such decision as provided in this division.

(Prior code § 92209.00)

If the director revokes a registration or permit pursuant to this division, the registrant or operator shall have thirty (30) days after revocation by the director to request that the revocation be reviewed by the commission. The request for review shall be filed by the applicant with the director.

(Prior code § 92209.01)

If the director denies an application for a permit or approval of a development project pursuant to this division, the applicant shall have fifteen (15) days after denial by the director to request that the application be considered by the commission. The request for review shall be filed by the applicant with the director, along with the appropriate appeal fee as established by the rules and regulations.

(Prior code § 92209.02)

92209.03 - Denial of application by commission.

In the event that the commission denies an application for a permit or approval of a development project pursuant to this division, the applicant shall have fifteen (15) days after denial by the commission to request that the denial of the application be considered by the board of supervisors. The request for review shall be filed by the applicant with the clerk of the board of supervisors.

(Prior code § 92209.03)

Any order issued by the commission in enforcement of this division, may be appealed to the board of supervisors by written request filed with the clerk of the board of supervisors within fifteen (15) days after issuance of the order by the commission.

(Prior code § 92209.04)

In the event that any decision or order of the commission is appealed to the board of supervisors, the board of supervisors shall provide a hearing on the appeal and provide notice thereof in the same manner as that required of the commission.

(Prior code § 92209.05)

No decision of the director, the commission, or the board of supervisors shall be subject to review by, or appealed to the superior court unless and until the appeals procedures specified in this Section 92209.00 have been exhausted.

(Prior code § 92209.06)

92209.07 - Mandate to review regulation or resolution.

Within sixty (60) days after publication of any regulation or resolution adopted pursuant to this division, any interested party may file with the superior court a petition for writ of mandate for the review thereof. Failure to file such an action shall not preclude a party from challenging the validity of such a regulation or resolution in any judicial proceedings brought to enforce such regulation or resolution or for such other civil remedies, including the imposition of civil penalties.

(Prior code § 92209.07)

92209.08 - Reconsideration of decision by commission—Petition.

The commission may reconsider all or part of a decision on petition of any person affected by the decision, only upon a showing that the commission failed to follow an applicable procedure established by this division or regulation adopted pursuant to this division. Any such petition shall be filed with the commission within fifteen (15) days after the decision by the commission. The commission shall decide whether to reconsider its decision within sixty (60) days after the petition is filed.

(Prior code § 92209.08)

92209.09 - Finality of decisions—Appeal.

A decision of the commission shall be final. Any person aggrieved by a decision of the commission may, within fifteen (15) days of the decision, appeal the decision to the board of supervisors.

(Prior code § 92209.09)

Division 23 - DEVELOPMENT AGREEMENTS FOR NONRESIDENTIAL AND RESIDENTIAL PROJECTS Chapter 1 - NONRESIDENTIAL PROJECTS—APPLICATIONS

92301.00 - 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 § 92301.00)

A.

The purpose of this section 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 section, and the authority granted hereunder to enter into development agreements, is applicable only to those projects designed and constructed as nonresidential projects.

C.

Notwithstanding anything herein to the contrary, the planning commission shall not consider the adoption of, nor shall the board of supervisors approve, any development agreement if the nonresidential project to which the development agreement pertains is located within a sphere of influence established or under consideration by the local agency formation commission at the time the development agreement is to be considered by the planning commission pursuant to section 92303 et seq.

D.

The county takes notice that the legislature, in passing the state development agreement law, found and declared that:

1.

The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

2.

Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

3.

The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.

(Prior code § 92301.01)

(Ord. No. 1448, §§ 2, 3, 4-14-09)

92301.02 - 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 § 92301.02)

The application shall be accompanied by a deposit of one thousand dollars ($1,000.00). The cost of processing of the application shall be billed to the applicant on a time and materials basis. Nonresidential 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 § 92301.03)

(Ord. No. 1448, §§ 4, 5, 4-14-09)

92301.04 - 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/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.

(Prior code § 92301.04)

(Ord. No. 1448, §§ 4, 5, 4-14-09)

92301.05 - 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 § 92301.05)

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 nonresidential 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 nonresidential project to which the development agreement pertains. No application for a development agreement shall be accepted after the application for the nonresidential 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 nonresidential 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 nonresidential project has been deemed complete by the planning director prior to such date.

(Prior code § 92301.06)

(Ord. No. 1448, §§ 6, 7, 4-14-09)

92301.07 - Review of application.

The planning director shall endorse on the application the date of receipt, shall review the application, and shall 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 § 92301.07)