(A) Form of development agreements. A development agreement generally shall be in the form of the standard agreement which the Board may approve from time to time. However, except as otherwise provided by law or as specified in these procedures and requirements, provisions of a development agreement may be modified, deleted or included as is appropriate to the specific circumstances of the application. In the event and to the extent a development agreement contains different provisions than those set forth in this Chapter 19.11, then the provisions in the development agreement shall prevail.
(B) Contents of development agreements. Development agreements shall contain the following terms and conditions:
(1) Duration of the agreement;
(2) Permitted uses of the property;
(3) The density or intensity of uses;
(4) The maximum height and size of proposed buildings and structures;
(5) Provisions for reservation or dedication of land for public purposes;
(6) 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;
(7) Provisions that the construction of the development project, or any phase thereof, shall be commenced at a particular time and completed at a particular time; or any provision regulating the timing of development;
(8) The terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;
(9) Any other terms to which the county and the applicant agree which are consistent with Cal. Gov’t Code §§ 65864 et seq.;
(10) Standard contract clauses, such as:
(a) A clause describing the parties;
(b) A clause specifying the definitions employed in the agreement;
(c) Any clause which may be deemed legally necessary by the County Counsel; and
(d) Clauses incorporating or implementing this chapter; which clauses include, without limitation, subjects such as periodic review of the development agreement, amendment or termination of the development agreement, enforcement of the development agreement, attorneys’ fees, status of parties and description of property.
(11) A clause requiring the developer to indemnify and defend the county from all claims, or proceedings, or losses arising in connection with the development agreement or in connection with the development project itself, except such claims, proceedings or loses of by the developer, resulting either from the county’s unexcused default of this agreement or from the sole negligence or wilful misconduct of the county.
(C) Miscellaneous requirements of development agreements.
(1) Vested rights.
(a) A development agreement shall specify the elements of the development project will are intended to vest.
(b) The vesting shall mean that all standards in the General Plan, zoning ordinance and other rules, regulations, ordinances and official policies applicable to the development project on the date of the adoption of the ordinance approving the agreement remain in full force and effect. Except as otherwise specified in this chapter, to the extent any changes in such General Plan, zoning ordinance or other rules, regulations, ordinances or policies are in conflict with the vested elements, the vested elements shall prevail.
(c) To the extent any provisions of future General Plans, zoning ordinance or other rules, ordinances, regulations or policies, are applicable to the subject property and are not in conflict with the vested elements, such future General Plan, zoning ordinance or other rules, ordinances, regulations or policies shall be applicable. Notwithstanding the foregoing, changes in the county’s Building, Plumbing, Electrical, Fire and Grading Codes shall apply to any project subject to a development agreement equally as to any project in the unincorporated area which project is not subject to a development agreement.
(2) Assignability of development agreements. Development agreements shall be assignable subject to terms mutually agreeable to the parties.
(3) Future discretionary review. The development agreement shall only bind the county to the extent that the county has approved the development project. The county retains full discretionary powers to approve or disapprove any subsequent applications related to the development project as if the development agreement were not in effect.
(4) No substitute for project conditions. The consideration for a development agreement shall not be a substitute for project conditions imposed incidental to any discretionary approvals related to the development project.
(1966 Code, § 6A.05-6) (Ord. 653, § 1(part); Ord. 941, § 1, 2015)