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(a) Contents of application. An application for a development agreement shall be filed and processed in compliance with Chapters 85.02 (Basic Review Procedures) and 85.03 (Application Procedures). The application shall be accompanied by the detailed data/ materials identified in the Department handout for development agreements. It is the responsibility of the applicant to establish evidence in support of the findings required by § 86.13.040(a)(1) (Findings Required), below.
(b) Fees. The applicant shall pay the fees and charges imposed for the filing and processing of each application and document provided for or required under these regulations in compliance with the Planning Fee Schedule. Fees and charges shall be paid before a determination by the County that the application is complete.
(c) Qualified as an Applicant. Only a qualified applicant may file an application to enter into a development agreement.
(1) A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement, as determined at the sole discretion of the County.
(2) The term applicant shall also include an authorized agent of the property owner.
(3) The Director may require an applicant to submit proof of interest in the real property and of the authority of the agent to act for the applicant.
(4) Before processing the application, the Director shall obtain the opinion of the County Counsel as to the sufficiency of the applicant’s interest in the real property to enter into the development agreement.
(d) Proposed Form of Agreement.
(1) Each application shall be accompanied by the form of development agreement proposed by the applicant.
(2) This requirement may be met by designating the County’s standard form of development agreement, if the County has developed a standard form development agreement, and including specific proposals for changes in or additions to the language of the standard form.
(e) Review of Application.
(1) The Director shall endorse on the application the date it is received. When application fees have been paid in compliance with the Planning Fee Schedule, the Director shall review the application and may reject it if it is incomplete or inaccurate for processing. If the Director finds that the application is complete, the Director shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the development agreement.
(2) After receiving the required information, the Director shall prepare a staff report and recommendations and shall state whether or not the development agreement proposed, or in an amended form, will be consistent with the General Plan and any applicable community plan or specific plan.
(Ord. 4011, passed - -2007)