Imperial County Municipal Code Ch. 12 Residential 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 a phasing plan;

E. Public benefits in accordance with Section 92312.01.

(Prior code § 92312.00)

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)

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)

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)