Imperial County Municipal Code Ch. 10 Nonresidential Projects—approved Development Agreements

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)