This section establishes procedures and requirements for the adoption and amendment of development agreements in compliance with Government Code Section 65864 et seq. A development agreement provides assurances to an applicant of a development project that, upon approval, the project may proceed in accordance with the conditions placed upon it by the review authority, as well as with existing policies, rules, and regulations. Development agreements strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.010 Review Authority.

The designated approving authority for development agreement applications is the Board, with consideration to the review and recommendation by the Commission in compliance with Sections 44-1.80 (Permit Application and Review Procedures). Approval of a development agreement shall be by ordinance. The approval of a development agreement is a discretionary project pursuant to CEQA. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.020 Findings.

A development agreement may only be granted when the Board makes all of the following findings:

A. The development agreement is consistent with the General Plan, the County Code, and any other applicable plans or regulations.

B. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the County as a whole.

C. The development agreement will promote the orderly development of property or the preservation of property values.

D. The development agreement specifies the duration of the 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.

E. The development agreement is consistent with the requirements of State law, including Government Code Sections 65865 through 65869.5. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.030 Recordation and Filing of Agreement.

Within 10 days after the effective date of a development agreement or any amendment thereof, the Clerk of the Board shall have the agreement or amendment recorded with the County Recorder. Additionally, the Clerk of the Board shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the agreement. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.040 Amendment, Assignment, or Cancellation.

A. Either party may propose an amendment to or cancellation in whole or in part of any development agreement. The applicant may request the assignment of the agreement to another party. The procedure for proposing amending, cancelling, or assigning the development agreement shall be the same procedure for entering into an agreement as set forth in this section.

B. Any amendment or cancellation shall be by mutual consent of the parties or as otherwise provided in the agreement. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.100.050 Periodic Review.

The Director shall review the development agreement every 12 months from the date the agreement is entered into and provide a written report to the Board. The burden of proof is on the applicant to provide necessary information verifying compliance with the terms of the agreement. The applicant shall also pay applicable fees for such review. If the Director finds that any aspect of the development project is not in strict compliance with the terms of the agreement or may warrant consideration by the Board, the Director may schedule the matter before the Board for review. If the Board determines on the basis of substantial evidence that the applicant has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board may modify or terminate the agreement. (Ord. No. 765 § 2 (Exh. A) (part))