(a) The purpose of this chapter is to establish the procedures and requirements mandated by Article 2.5 of Chapter 4 of the Government Code for the consideration of development agreements.
(b) Notwithstanding anything herein to the contrary, the Planning Commission shall not consider the adoption of, nor shall the Board of Supervisors approve, any development agreement if the project to which the development agreement pertains is located within a sphere of influence established or under consideration by the Local Agency Formation Commission at the time the development agreement is to be considered by the Planning Commission pursuant to Section 8-5.201 et seq.
(c) The County takes notice that the Legislature, in passing the State Development Agreement Law, found and declared that:
(1) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
(2) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.
(3) The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.
(Ord. 1445, eff. August 14, 2014)