Imperial County Municipal Code Ch. 21 Mixed-Use Projects—development Agreements

These regulations are adopted pursuant to Article 11, Section 7 of the California Constitution and Government Code Section 65864, et seq.

(Ord. No. 1448, § 1, 4-14-09)

A. The purpose of this division 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 division, and the authority granted hereunder to enter into development agreements, is applicable only to those projects designed and constructed solely as mixed-use projects. Mixed-use projects include at least ten percent (10%) nonresidential uses combined with residential uses.

C. Notwithstanding anything herein to the contrary, the planning commission may consider the adoption of, and the board of supervisors may approve, any development agreement if the mixed-use 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 92323.00.

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.

(Ord. No. 1448, § 1, 4-14-09)

A. The planning and development services 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 and development services director may require an applicant to submit such information and supporting data as the planning and development services director considers necessary to process the application.

(Ord. No. 1448, § 1, 4-14-09)

The application shall be accompanied by a deposit of one thousand dollars ($1,000.00), unless there is an existing time and materials project that the cost may be billed against. The cost of processing of the application shall be billed to the applicant on a time and materials basis. Projects processed and billed on a time and materials basis do not require an additional deposit. However, if the time and materials account is not current, an application shall not be accepted. In the event this amount proves insufficient, the planning and development services 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.

(Ord. No. 1448, § 1, 4-14-09)

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 and development services director shall require an applicant to submit proof of his or 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 and development services 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.

(Ord. No. 1448, § 1, 4-14-09)

Each application shall be accompanied by the form of development agreement proposed by the applicant. If the planning and development services 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.

(Ord. No. 1448, § 1, 4-14-09)

A. The application for a development agreement shall be submitted no later than three weeks prior to the meeting of the environmental evaluation committee required by the county's procedures implementing the California Environmental Quality Act on the 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 project to which the development agreement pertains. No application for a development agreement shall be accepted after the application for the 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 mixed-use 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 project has been deemed complete by the planning and development services director prior to such date.

(Ord. No. 1448, § 1, 4-14-09)

The planning and development services 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 and development services director shall accept it for filing. The planning and development services 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 and development services 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.

(Ord. No. 1448, § 1, 4-14-09)

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 Rancho Los Lagos 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 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 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 same are contained in board of supervisors Resolution 2012-077 and the adoption of the ordinance codified in this chapter is based on those findings.

(Ord. No. 1483, § 1(92321.05), 6-19-12)

Editor's note— Ord. No. 1483, adopted June 19, 2012, enacted provisions to be designated as sections 92321.05—92321.08. To avoid duplication of numbering, said provisions have been redesignated as 92321.08—92321.11. Original section designations have been maintained in the history notes following each section.

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 and the first amendment made thereto. The board authorizes the chairperson of the board to execute the development agreement, and the first amendment made thereto, on behalf of the County Rancho Los Lagos Specific Plan.

(Ord. No. 1483, § 1(92321.06), 6-19-12; Ord. No. 1521, §§ 9, 10, 10-24-17)

Editor's note— See editor's note following section 92321.08.

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, 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. 1483, § 1(92321.07), 6-19-12)

Editor's note— See editor's note following section 92321.08.

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

(Ord. No. 1483, § 1(92321.08), 6-19-12)

Editor's note— See editor's note following section 92321.08.