Article 1 — AUTHORITY

Sec. 9-7.101. - Authority for adoption.

This chapter is adopted under the authority of Sections 65864 through 65869.5, inclusive, of the Government Code of the State and any amendments which may be enacted by the Legislature after the adoption of this chapter.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Article 2. - APPLICATIONS

Sec. 9-7.201. - Filing of applications.

The consideration of a development agreement shall be initiated by filing an application for such consideration with the Planning Department. The application shall be filed by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.202. - Contents of applications.

The application shall include the following:

(a)

The proposed terms of the development agreement, including:

(1)

The legal description of the property sought to be covered by the agreement;

(2)

A description of the proposed uses, height and size of buildings, density or intensity of use, and provisions for reservations or dedications of land for public purposes;

(3)

All conditions, terms, restrictions, and requirements for subsequent County discretionary actions;

(4)

The proposed time when construction would be commenced and completed, both as to the entire project and as to all phases thereof; and

(5)

The termination date for the agreement;

(b)

Sufficient information to enable the Planning Department to perform an initial study pursuant to Section 21160 of the Public Resources Code of the State;

(c)

Sufficient information to establish that the project is consistent with the County General Plan; and

(d)

Such other information as the County may deem to be useful or as may be requested to satisfy other requirements of law.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.203. - Applications considered as development projects.

The application shall be considered an application for a "development project" as such term is used in Chapter 4.5 of Title 7 of the Government Code of the State (commencing with Section 65920).

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.204. - Determinations of completeness of applications.

Not later than thirty (30) calendar days after the receipt of an application, the Planning Department shall determine in writing whether or not the application is complete and shall transmit such determination to the applicant. If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete or the application shall be considered withdrawn.

(§ 2, Ord. 82-512, eff. August 12, 1982, as amended by § 1, Ord. 89-719, eff. November 2, 1989)

Sec. 9-7.205. - Environmental review: Transmittal to the Board of Supervisors.

The Planning Department, at the applicant's expense and in accordance with adopted County procedures for the implementation of the California Environmental Quality Act (Sections 21000 et seq. of the Public Resources Code of the State), shall accomplish appropriate environmental investigations and, upon the completion of such investigations, transmit the application, the results of the environmental review, and the recommendation of the Planning Department thereon to the Board.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Article 3. - BOARD OF SUPERVISORS: ACTION

Sec. 9-7.301. - Notice requirements.

Upon the receipt of an application, the results of the environmental investigations, and the recommendations of the Planning Department, the Board shall schedule a public hearing to consider the application. Notice of intention to consider the adoption of a development agreement shall be given as provided in Sections 65854, 65854.5, and 65856 of the Government Code of the State, in addition to such other notice as may be required by law for other actions to be considered concurrently with the development agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.302. - General Plan and Specific Plan consistency.

A development agreement shall not be approved unless the Board finds that the provisions of the agreement are consistent with the County General Plan and any applicable Specific Plans.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.303. - Action by the Board of Supervisors on applications: Approval by ordinance.

Following the public hearing, the Board shall either approve, conditionally approve, approve as modified, or disapprove the application. If the application is approved, conditionally approved, or approved as modified, the Board shall authorize the Chairman of the Board to execute the development agreement on behalf of the County. The formal approval of a development agreement shall be accomplished by ordinance.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.304. - Execution of agreements.

(a)

No development agreement shall be executed until the ordinance specified in Section 9-7.303 of this article is in force and effect.

(b)

The development agreement shall be executed by the property owner and not by any agent or representative of the property owner.

(c)

No agreement shall be executed by the Chairman of the Board until it has been executed by the property owner. If the property owner has not executed the agreement and returned it to the Chairman of the Board or the County Clerk within thirty (30) days after the date the ordinance specified in Section 9-7.303 of this article becomes effective, the application shall be deemed by operation of law to have been withdrawn, and the County shall not execute the agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Article 4. - RECORDATION

Sec. 9-7.401. - Recordation by the County Clerk.

Within ten (10) days after a development agreement is fully executed, the Clerk of the Board shall cause a copy of the development agreement, together with the legal description of the property involved, to be recorded with the County Recorder. If a development agreement is modified or terminated pursuant to Article 5 or 6 of this chapter, the County Clerk shall cause a copy of the ordinance effecting the change to be recorded within ten (10) days after the date such ordinance becomes effective.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Article 5. - ANNUAL REVIEWS

Sec. 9-7.501. - Reviews by the Planning Director.

All development agreements shall be reviewed by the Planning Director or his designee at least once every twelve (12) months, unless the agreement provides for more frequent reviews.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.502. - Purpose of reviews.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose which may be specified in the agreement. The burden of demonstrating good faith compliance shall rest with the applicant.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.503. - Determinations by the Planning Director.

Following the review by the Planning Director or his designee, the Planning Director shall determine in writing, based on substantial evidence, whether or not the applicant is in good faith compliance with the terms of the agreement and whether any further discretionary action needs to be considered pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.504. - Referral to the Board of Supervisors.

(a)

If the Planning Director determines that the applicant is not in good faith compliance with the terms of the agreement, he shall refer the matter to the Board for consideration of termination or modification.

(b)

If the Planning Director determines that further discretionary action needs to be considered pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement, he shall refer the matter to the Board for consideration of such action.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Sec. 9-7.505. - Action by the Board of Supervisors.

(a)

If the Board finds and determines, on the basis of substantial evidence, that the applicant or his successor in interest has not complied in good faith with the terms and conditions of the agreement, the Board may unilaterally terminate or modify the agreement.

(b)

The Board shall consider, and may take, any proposed discretionary action pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)