Article 2 — Requirements

A proposed development agreement shall include the following:

• (a) A legal description of the property subject to the development agreement.

(b) The duration of the development agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

(c) Conditions, terms, restrictions, and requirements for subsequent County 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.

(d) The estimated time when construction and/or any other approved activity on the property will be commenced and completed, including, if appropriate, a phasing plan.

(e) Public benefits proposed as part of the project in accordance with Section 8-5.202.

(Ord. 1445, eff. August 14, 2014)

(a) In consideration for entering into a development agreement, the County shall gain public benefits beyond those already forthcoming through conditions and mitigations on project approval. Public benefits may include, but are not limited to, contributions to infrastructure, open space, affordable housing, increased energy efficiency in existing development, or other public improvements and amenities of benefit to the County, including reservation, dedication, and improvement of land for public purposes.

(b) Any fees required pursuant to subsection (a) shall be adjusted during the term of the development agreement to match any adjustments of such fees by the Board of Supervisors.

(c) A development agreement shall not exempt a project from any subsequently adopted regulatory provisions which may include the use of a fee, for example, air quality mitigation fee, except to the extent that such subsequently adopted fee fulfills the same purposes as the fees required pursuant to this section. (Ord. 1445, eff. August 14, 2014)

(a) The maximum term of a development agreement shall be negotiated between the parties, and shall commence from the date of the approval of the project to which it pertains. A development agreement may, upon request of the property owner and at the sole discretion of the Board of Supervisors, be extended for an additional period. Any request for extension shall be noticed and processed in the same manner as an application for a development agreement.

(b) Notwithstanding subsection (a), the Board of Supervisors may extend the initial term of a development agreement upon making the findings in Section 8-5.401, in support thereof.

(c) At the end of the term of the development agreement, the development agreement shall terminate for all purposes except any enforcement action by the County for nonconformance with the terms of the agreement or condition of the permit, and the project that was the subject of the development agreement shall be subject to all laws, rules and regulations applicable to such projects and/or uses.

(Ord. 1445, eff. August 14, 2014)

(a) Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the 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 rules, regulations, and official policies in force at the time of execution of the agreement.

(b) Notwithstanding Section 8-5.204(a), a development agreement shall not prevent the County, in subsequent actions applicable to the property that were not encompassed by the original permitted activities, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the County from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(c) A development agreement shall not prevent the County from modifying or suspending the provisions of the development agreement if the Board of Supervisors finds that the failure of the County to do so would place residents, businesses, and/or property owners of the County in a condition dangerous to their health or safety or both.

(d) A development agreement shall apply only to a project as that project is described in an environmental analysis certified, adopted or approved by the County at or before the time the County enters into the development agreement. A development agreement shall not apply to a project or portions of a project not encompassed by the project description in the County’s environmental analysis.

(Ord. 1445, eff. August 14, 2014)

A development agreement shall contain the acknowledgement of the possibility of changes in the Uniform Building, Plumbing, Mechanical, Electrical, Fire and Grading Codes, as implemented by the County, during the term of the agreement and shall provide that any amendments to these codes shall apply to the project subject to the development agreement.

(Ord. 1445, eff. August 14, 2014)

All owners of all property included within a development agreement shall be considered a party to the agreement and shall be a signatory.

(Ord. 1445, eff. August 14, 2014)