Sec. 21.04.030 - Restated Development Agreement for the

(A)

The County of Mendocino and Ukiah Land, LLC entered into a Development Agreement for the Garden's Gate Project in accordance with the procedures provided by the State Legislature in Government Code Sections 65864 through 65869.5 authorizing adoption of development agreements. The subject development agreement was approved by the Board of Supervisors on October 6, 2009, at the request of (Garden's Gate) Ukiah Land, LLC. Proper notices, hearings and other proceedings required by the Government Code for approval of the Development Agreement have been duly completed. The subject agreement was modified on April 27, 2010.

(B)

Rancho Yokayo, LP subsequently acquired the Garden's Gate Project site and filed applications with the County of Mendocino requesting a subdivision modification (S___2020-0001), modifications to the incentives and concessions that were granted under State Density Bonus Law, modification of the Inclusionary Housing Plan, modification of the Phasing Plan; and an amendment to the Garden's Gate Development Agreement (DEV___2020-0001).

(C)

The County of Mendocino and Rancho Yokayo, LP, desire to take advantage of the procedures provided by the State Legislature in Government Code Section 65868 authorizing amendments to development agreements.

(D)

The Restated Development Agreement for the Bella Vista Subdivision Project was approved by the Board of Supervisors on April 11, 2023, at the request of Rancho Yokayo, LP. Proper notices, hearings and other proceedings required by the Government Code for approval of the Restated Development Agreement have been duly completed.

(E)

The Board has determined that the procedures completed in connection with the approval of the Restated Development Agreement meet the requirements provided in the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) appropriate to this Agreement.

(F)

The Board has determined that the Restated Development Agreement is consistent with the General Plan for the County of Mendocino.

(G)

The Restated Development Agreement for the Bella Vista Subdivision Project is approved.

(H)

The Restated Development Agreement for the Bella Vista Subdivision Project, as approved on April 11, 2023, has been properly executed and acknowledged. It is ordered recorded by the Mendocino County Recorder within ten (10) days following the County entering into the Restated Development Agreement.

(I)

Nothing in this section shall modify the provisions of Section 21.04.020 as it pertains to Tract 261 (Unit One) of the Garden's Gate Subdivision.

(Ord. No. 4520, § 3, 4-11-2023)