Imperial County Municipal Code Ch. 22 Mixed-Use Projects—requirements

A proposed development agreement shall include the following:

A. A legal description of the property subject to the development agreement;

B. A concise statement on why the development agreement is requested, including why it is needed and what the benefits are to both parties;

C. 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;

D. 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;

E. The estimated time when construction will be commenced and completed, including, if appropriate, a phasing plan;

F. Public benefits in accordance with section 92322.01.

(Ord. No. 1448, § 1, 4-14-09)

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 all development impact fees.

C. Any fees required pursuant to subsection B of this section 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 mixed-use 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 required pursuant to this section.

(Ord. No. 1448, § 1, 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/residential 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 commercial/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 maximum 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 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 commercial/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.

(Ord. No. 1448, § 1, 4-14-09)

A. 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.

B. 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.

C. A development agreement shall not prevent the county from modifying or suspending the provisions of the development agreement if the board of supervisors finds that the failure of the county to do so would place residents of the county in a condition dangerous to their health or safety or both.

D. A development agreement shall apply only to a project as that project is described in an environmental analysis certified, adopted or approved by the county at or before the time the county enters into the development agreement. A development agreement shall not apply to a project or portions of a project not encompassed by the project description in the county's environmental analysis.

(Ord. No. 1448, § 1, 4-14-09)

A development agreement shall contain the acknowledgement of the possibility of changes in the Imperial County building, plumbing, mechanical, electrical, fire and grading codes during the term of the agreement and shall provide that any amendments shall apply to the project subject to the development agreement.

(Ord. No. 1448, § 1, 4-14-09)