Chapter 22.03 — GENERAL PROVISIONS

• A. The planning director shall prescribe the form of each application, notice, and documents provided for or required under this title for the preparation and implementation of development agreements consistent with the provisions of this title.

• B. The planning director may require an applicant for a development agreement to submit such information and supporting data as the planning director, board of supervisors, and other county agencies to which the application is referred under this title consider necessary and proper to process the application.

• (Ord. CS 370 §1, 1990)

The board of supervisors shall by separate resolution fix the schedule of fees and charges imposed for the filing and processing of each application and the applicable documents provided for or required under this title.

(Ord. CS 370 §1, 1990)

• A. Only a qualified applicant may file an application to enter into a development agreement. The applicant must furnish proof to the planning director's satisfaction of his interest in the real property and of the authority of an agent to act for the applicant. "Qualified applicant" includes an authorized agent.

• B. Other Parties. In addition to the county and developer, any federal, state, or local governmental agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provision of the Joint Exercise of Powers Act (Government Code Sections 6500 , et seq.) providing for joint powers agreements, or provisions of other applicable federal, state, or local law, in order to create a legally binding agreement between such parties.

• (Ord. CS 370 §1, 1990)

Each application shall be accompanied by a proposed development agreement of the applicant. This requirement may be met by designating the county's then standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form or by submitting a proposed development agreement prepared by the applicant which is in a form satisfactory to the county. Any such development agreement prepared by an applicant shall contain the provisions required under this title and shall also include the following:

1. The parties to the development agreements;

2. The nature of the applicant's legal or equitable interest in the real property constituting such applicant as a qualified applicant hereunder;

3. A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this title. Such description may include, but is not limited to, references to permitted uses of the property, the density of use, maximum size and height of buildings, site and building plans, elevations, relationships to adjacent properties and operational data, provide for reservation or dedication of land for public purposes, provided that construction required under the agreement be commenced and completed within a specified time. Where appropriate, such description may distinguish between elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

4. A list of permits and approvals for the development project that have been enacted and a list of the permits and approvals that are contemplated by the development agreement;

5. The proposed duration of the development agreement;

6. A program and criteria for at least annual review under this title;

7. Appropriate provisions acceptable to the county providing security for the performance by the developer of the development agreement;

8. Any other relevant provisions which may be deemed necessary by the planning director pursuant to this title.

• (Ord. CS 370 §1, 1990)

• A. The planning director shall endorse on the application the date it is received. The planning director shall review the application and reject it if it is incomplete or inaccurate for processing.

The planning director shall review the application and determine any additional requirements necessary to complete the form of the development agreement. If the application is complete, it shall be accepted for filing. After receiving the required information, the planning director shall prepare a staff report and recommendation and shall state whether or not the development agreement as proposed, or in an amended form (specifying the nature of the amendments), is consistent with the general plan, any applicable specific plan, and the provisions of this title.

• B. The planning director shall circulate copies of the proposed development agreement to those county departments having jurisdiction over the development project to be undertaken pursuant to the development agreement for review and comment. County counsel shall also review the proposed development agreement for legal sufficiency and shall review the proposed ordinance or resolution authorizing the county to enter into the development agreement for legal sufficiency before being submitted to a hearing and action as specified by this title. The staff report and recommendation of the planning director shall include appropriate recommendations received by other county agencies and the proposed form of ordinance or resolution.

• (Ord. CS 370 §1, 1990)

• A. A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the entitlement to building permits, the maximum height and size of proposed buildings and provisions for reservations or dedication of land for public purposes. A development agreement may also include conditions, terms, restrictions and requirements for subsequent 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. The agreement may also provide that construction required thereunder be commenced and completed with a specific time.

• B. Unless otherwise provided by the development agreement, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the property are the regulations in force at the time of the execution of the agreement. A development agreement does not prevent the county from applying new regulations which do not conflict with those in the development agreement, nor does the development agreement prevent the county from denying or conditionally approving any subsequent development project application on the basis of such existing or new regulations.

• C. Changes in federal or state laws or regulations, which are enacted after the agreement has been executed which operate to prevent or preclude compliance with parts of the agreement, require that inconsistent provisions of the agreement be modified or suspended as necessary to comply with changes in federal or state law.

• D. All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the county.

• (Ord. CS 370 §1, 1990)