Chapter 22.162 — DEVELOPMENT AGREEMENTS

This Chapter establishes procedures and requirements for consideration of Development Agreements for the purposes specified in, and as authorized by, Article 2.5 (Development Agreements), Chapter 4, Title 7 of the California Government Code.

(Ord. 2019-0004 § 1, 2019.)

A.

General Applicability. The Commission may recommend, and the Board may enter into, a Development Agreement for the development of real property with any person having a legal or equitable interest in such property as provided in this Chapter.

B.

Local Coastal Program. A Development Agreement shall not be approved in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (California Coastal Act) of the California Public Resources Code unless:

1.

The required local coastal program has been certified by such provisions prior to the date on which the Development Agreement is approved; or

2.

In the event that the required local coastal program has not been certified, the California Coastal Commission approves such Development Agreement by its formal action.

(Ord. 2019-0004 § 1, 2019.)

22.162.030 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Development Agreement Checklist.

B.

Type IV Review. The application shall be filed and processed in compliance with Chapter 22.232 (Type IV Review—Discretionary) and this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.162.040 - Findings and Decision.

A.

Findings.

1.

Findings and decision shall be made in compliance with Section 22.232.040.A.2 (Findings) and include the findings in Subsection A.2, below.

2.

The Commission shall recommend approval of an application to the Board if the following findings are made:

a.

The proposed Development Agreement is consistent with the General Plan and any applicable Community, Area, or Specific Plan.

b.

The proposed Development Agreement complies with zoning, subdivision, and other applicable ordinances and regulations.

c.

The proposed Development Agreement is consistent with the public safety, welfare, and convenience, making it in the public interest to enter into the Development Agreement with the applicant.

d.

The proposed Development Agreement will not:

i.

Adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area;

ii.

Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or

iii.

Jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

B.

Coordination of Approvals.

1.

Where an application for a Development Agreement is concurrently filed with an application for a Zone Change, permit, variance, tentative tract, or minor land division and may be feasibly processed together, all public hearings shall be concurrently held.

2.

In instances where the provisions of applicable ordinances would permit the modification of development standards during consideration of such Development Agreement, such standards may be concurrently considered where modification is requested.

(Ord. 2022-0008 § 106, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Every Development Agreement entered into by the Board shall include the following terms, conditions, restrictions, and requirements:

1.

The duration of the agreement, including a specified termination date if appropriate;

2.

The uses to be permitted on the property;

3.

The density or intensity of use permitted;

4.

The minimum height, size, and location of buildings permitted;

5.

The reservation or dedication of land for public purposes to be accomplished, if any; and

6.

The time schedule established for periodic review as required by Section 22.162.120 (Review for Compliance—Director's Authority).

B.

Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision, or other ordinances, laws, or regulations applicable to the proposed development.

C.

A Development Agreement may also include additional terms, conditions, restrictions, and requirements for subsequent discretionary actions in addition to those provided in Subsection A, above, provided that such terms, conditions, restrictions, and requirements do not prevent development of the lot included in such agreement for the uses and to the density or intensity of development set forth in the agreement, including but not limited to:

1.

The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods;

2.

The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities;

3.

The prohibition of one or more uses normally listed as permitted, accessory, or subject to discretionary review in the zone where placed;

4.

The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur;

5.

The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to, guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the Executive Office of the Board and assign to the County, certificates of deposit or savings and loan certificates or

shares equal in amount to the same conditions as set forth herein. Such deposit and assignment shall comply with all the provisions and conditions of Chapter 4.36 (Assignment of Savings and Loan Certificates and Shares) in Title 4 of the County Code;

6.

The requirements of specified design criteria for the exteriors of buildings and other structures, including signs;

The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress;

8.

The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and

9.

The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property.

(Ord. 2019-0004 § 1, 2019.)

Unless otherwise provided by a Development Agreement, the General Plan, zoning, subdivision, and other ordinances, rules, regulations, and official policies governing permitted uses of land, governing density and governing design, improvement and construction standards, and specifications applicable to property subject to a Development Agreement shall be those applicable to such development on the date of execution of the Development Agreement by the Board; provided, however, that a Development Agreement shall not:

A.

Be construed to prevent the application of later adopted or amended ordinances, rules, regulations, and policies in subsequent applications applicable to the property which do not conflict with such existing ordinances, rules, regulations, and policies; or

B.

Prevent the approval, approval subject to conditions, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations, and policies.

(Ord. 2019-0004 § 1, 2019.)

In the event that federal or State laws or regulations enacted subsequent to execution of a Development Agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with said federal or State law or regulation.

(Ord. 2019-0004 § 1, 2019.)

22.162.080 - Adoption of Ordinance—Execution of Contract.

A.

Approval by the Board of a Development Agreement shall be by ordinance.

B.

No ordinance shall be adopted and the Board shall not execute a Development Agreement until it has been executed by the applicant. If the applicant has not executed the agreement or agreement as modified by the Board, and returned said executed agreement to the Executive Office of the Board within 30 days following Board approval, the approval shall be deemed withdrawn, and the Board shall not adopt said ordinance nor execute said agreement.

C.

Such 30-day time period may be extended upon approval of the Board.

(Ord. 2019-0004 § 1, 2019.)

Not more than 10 days following the execution of a Development Agreement by the Board, the Executive Office of the Board shall record with the Registrar-Recorder/County Clerk a copy of the executed agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.100 - Enforcement—Continuing Validity.

A.

Unless and until amended or cancelled in whole or in part as provided in Section 22.162.110 (Amendment or Cancellation), a Development Agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 22.162.060 (Ordinances, Regulations, and Requirements Applicable to Development).

B.

The burden of a Development Agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.110 - Amendment or Cancellation.

A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment or cancellation shall be the same as provided in this Chapter for initiation and consideration of such agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.120 - Review for Compliance—Director's Authority.

A.

Every Development Agreement entered into by the Board shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than 12 months.

B.

The Director shall determine on the basis of substantial evidence that the applicant or his successor in interest has or has not complied with the agreement. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant or its successor in interest of those findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than 30 days, may result in legal action to enforce compliance, termination, or modification of the agreement.

C.

It is the duty of the applicant or its successor in interest to provide evidence of good faith compliance with the agreement to the Director's satisfaction at the time of said review. Refusal by the applicant or its successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement.

D.

If, at the end of the time period established by the Director, the applicant or its successor in interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating such compliance, the Director shall notify the Commission of the Director's findings recommending such action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.

(Ord. 2019-0004 § 1, 2019.)

22.162.130 - Violation of Agreement.

A.

Commission Review.

1.

Where the Director notifies the Commission that the Director's findings indicate that a Development Agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this Chapter for initiation and consideration of a Development Agreement.

2.

If as a result of such hearing the Commission finds that the applicant or his successor in interest is in violation of a Development Agreement, it shall notify the Board of its findings, recommending such action

as it deems appropriate.

B.

Board Actions. Where the Commission reports the violation of a Development Agreement, the Board may take one of the following actions:

1.

Approve the recommendation of the Commission instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement.

2.

Refer the matter back to the Commission for further proceedings with or without instructions.

3.

Schedule the matter for hearing before itself where termination or modification of an agreement is recommended. Procedures for such hearing shall be the same as provided in Section 22.162.110 (Amendment or Cancellation).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.164 - EXPLOSIVES PERMITS