Imperial County Municipal Code Ch. 20 Residential 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.

(Ord. 1388 § 1 (part), 2005)

The board finds that the development agreement by and between the county of Imperial and Imperial McCabe Homes LLC, a limited liability corporation, relating to the development known as McCabe Ranch Subdivision (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, resulting in the approval of a Mitigated Negative Declaration on October 8, 2002, with the developers' agreement having a supplemental environmental review under CEQA resulting in the approval of a Negative Declaration on January 11, 2005. Findings regarding same are contained in Board of Supervisors Resolution Minute Order No. 16 and the adoption of the ordinance codified in this chapter is based on those findings.

(Ord. 1388 § 1 (part), 2005)

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 McCabe Ranch Subdivision.

(Ord. 1388 § 1 (part), 2005)

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. 1388 § 1 (part), 2005)

This chapter shall be codified as required by Section 92311.00 of the county of Imperial Codified Ordinances.

(Ord. 1388 § 1 (part), 2005)

The board finds that the development agreement, including the first and second amendments thereto, by and between the county of Imperial and Brookfield 101 Ranch, LLC, a limited liability corporation, relating to the development known as 101 Ranch Specific Plan (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 County of Imperial Codified Ordinances ("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; and

F. Will provide significant public benefits.

The board concurs in these recommendations and specifically finds that the provisions of the development agreement, including the first and second amendments made thereto, 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 the California Environmental Quality Act. Findings regarding same are contained in board of supervisors Resolutions 2012-077, 2016-130, and 2020-35, and the adoption of the ordinances codified in this chapter are based on those findings.

(Ord. No. 1479, § 1, 6-5-12; Ord. No. 1556, § 1, 3-24-20)

Pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the state of California and the ordinances, the board approves the development agreement, and the first and second amendments made thereto. The board authorizes the chairperson of the board to execute the development agreement, and the first and second amendments made thereto, on behalf of the county.

(Ord. No. 1479, § 1, 6-5-12)

(Ord. No. 1521, §§ 9, 10, 10-24-17; Ord. No. 1556, § 1, 3-24-20)

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 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, including the first and second amendments made thereto, 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 ordinances codified in this section.

(Ord. No. 1479, § 1, 6-5-12; Ord. No. 1556, § 1, 3-24-20)

This chapter shall be codified as required by Section 92311.00 of the county of Imperial Codified Ordinances.

(Ord. No. 1479, § 1, 6-5-12)