Chapter 22.09 — OTHER RULES

All development agreements shall be subject to the regulation and requirements of the laws of the state. In the event that any law, made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law.

(Ord. CS 370 §1, 1990)

Unless otherwise provided in a development agreement, the implementation and execution of all phases of a development agreement shall be subject to architectural site review. The site review shall be done under the direction of the planning director who under the provisions of this title has authority to require modifications and changes. (Ord. CS 370 §1, 1990)

All development agreements entail and consist of a separate procedure from other land use planning procedures and shall not take the place of the zoning ordinance, the general plan, conditional use permits, subdivision approvals, building permits or any other county planning functions. To the extent practicable, public hearings on a proposed development agreement may be held concurrently with the public hearings on all related land use approvals and all such approvals may be made concurrently with the approval of the development agreement. (Ord. CS 370 §1, 1990)

When approved, the development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be considered part of this code. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities, height, bulk, siding, or design of structures, location or design of open area, and landscaping and other comparable regulations. In the case of any conflict with any other provisions of this code, such development agreement provisions shall

take precedence. Unless otherwise provided by the development agreement, the county's rules, regulations and official policies governing permitted uses of 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 county rules, regulations, and official policies in force at the time of the approval of the development agreement by the board of supervisors.

(Ord. CS 370 §1, 1990)

This title and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this title, any provision of such a development agreement which is in conflict with this title shall be void. (Ord. CS 370 §1, 1990)

• A. Within ten days after the ordinance approving the development agreement takes effect, the board of supervisors shall execute the development agreement, and the county clerk shall have the development agreement recorded with the county recorder.

• B. If the parties to the development agreement or their successor-in-interest amend or cancel the development agreement as provided in Government Code Section 65868 and this title, or if the board of supervisors terminates or modifies the development agreement as provided in Government Code Section 65865.1 and this title for failure of the developer to comply with the terms or conditions of the development agreement, the planning director shall, after such action takes effect, have notice of such action recorded with the county recorder.

• (Ord. CS 370 §1, 1990)

Should any provision of this title or a subsequent development agreement be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title and development agreement shall remain in full force and effect. (Ord. CS 370 §1, 1990)

• A. Any judicial review of any county action taken pursuant to this title shall be by writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure.

• B. Any action or proceeding to attack, review, set aside, void or annul any decision of the county taken pursuant to this title shall not be maintained by any person unless the action or proceeding is commenced within ninety days after the date of the decision.

• (Ord. CS 370 §1, 1990)