Article 3 — Hearings, Standards of Review, Findings and Decision

(a) All development agreements shall be considered at a public hearing before the Planning Commission, which meeting shall be noticed in accordance with the requirements of Article 2, Chapter 2, Section 8-2.211 of this title, and Section 65090 et seq. of the California Government Code. The notices required by this section are in addition to any other notices required by law for other actions to be considered concurrently with the development agreement. At the conclusion of the hearing the Planning Commission shall make recommendation in writing to the Board of Supervisors. This recommendation shall include the Commission’s determinations as to whether the proposed project: (1) Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

(2) Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is or will be located;

• (3) Is in conformity with and will promote public convenience, general welfare and good land use practice;

• (4) Will not be detrimental to the health, safety and general welfare;

• (5) Will not adversely affect the orderly development of property or the preservation of property values; and

• (6) Will meet the intent of Section 8-5.202(a).

• (7) Is consistent with the findings required by Government Code 65302.9, see Section 8-2.306(ae).

• (b) This recommendation shall also include the Commission’s reasons for its recommendation.

• (Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015)

Upon receipt of the recommendation of the Planning Commission, the Clerk of the Board shall set the proposed development agreement for hearing by the Board of Supervisors, which meeting shall be noticed in accordance with the requirements of Article 2, Chapter 2, Section 8-2.211 of this title, and Section 65090 et seq. of the California Government Code. The notices required by this section are in addition to any other notices required by law for other actions to be considered concurrently with the development agreement. After the Board of Supervisors completes its public hearing it may approve, modify or disapprove the recommendation of the Planning Commission. A development agreement shall not be approved unless the Board finds that the provisions of the agreement are consistent with the findings listed in Section 8-5.101 of these regulations. The decision of the Board shall be final. (Ord. 1445, eff. August 14, 2014)

A development agreement is a legislative act which shall be approved by ordinance and is subject to referendum. The ordinance shall refer to and incorporate by reference the text of the development agreement. (Ord. 1445, eff. August 14, 2014)

(a) Within ten (10) days after the County executes a development agreement, the Clerk of the Board shall record with the County Clerk/Recorder a copy of the agreement, which shall describe the land subject thereto.

(b) If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided in Article 4 of these regulations and Government Code Section 65868, or if the County terminates or modifies the development agreement as provided in Article 6 of these regulations and Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the development agreement, the Clerk of the Board shall have notice of such action recorded with the County Clerk/Recorder.

(c) From and after the time of the recordation required by this section, notice shall be imparted as provided by the recording laws of the State. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. (Ord. 1445, eff. August 14, 2014)