SU0013430 - Laserfiche WebLink

Home Browse Search

SECTION 9-11010. 2. ENFORCEMENT. Unless amended or canceled pursuant to Section 5-11010. 5 and except as provided in Section 9-11010. 6 , a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable General or specific plan, zoning, subdivision, or building regulation adopted by the County which alters or amends the rules, regula- tions, or policies specified in Section 9-11010.3. SECTION 9-11010. 3. RULES, REGULATIONS, AND OFFICIAL POLICIES. (a) Laws in Effect. Unless otherwise provided by the Development Agreement, rules, regulations , and official policies gover- ning permitted uses of the land, governing density , and governing design, improvement, and construction standards and specifications, applicable to the development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the Agreement; (b) Subsequent Actions. A Development Agreement shall not pre- vent the County, in subsequent actions applicable to the pro- perty, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the County from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies. (c) Emergency Situation. The County may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the suspension. SECTION 9-11010. 4. PERIODIC REVIEW. (a) Frequency of Review. The Director of Planning and Building Inspection shall cause the Development Agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the Planning Commission or Board of Supervisors; (b) Good Faith Compliance. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement as part of the review; (c ) Termination or Modification. If the County finds and deter- mines, on the basis of substantial evidence, that the appli- cant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the County may terminate or modify the agreement. TA-88-7 -4- Ordinance #3393