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(a) The Board of Supervisors shall hold at least one noticed public hearing to consider the proposed Development Agreement and Ordinance. The hearing shall be “de novo.” (Ord. 2399, § 1, 9/16/2008)

(b) The Board of Supervisors may approve, modify or disapprove the recommendation of the Planning Commission. The Board may refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation within the time limit set by the Board of Supervisors. (Ord. 2399, § 1, 9/16/2008)

(c) The Board of Supervisors, in its sole discretion, may determine whether to enter into a development agreement. The Board of Supervisors may add, modify, or delete any provision of the development agreement as a condition of approval. (Ord. 2399, § 1, 9/16/2008)

(d) Findings for Approval. The Board shall not approve a development agreement unless it finds that the development agreement: (Ord. 2399, § 1, 09/16/2008)

(1) is consistent with the objectives, policies, general land uses and programs specified in the County’s general plan, any certified local coastal program, any applicable area plan, any applicable specific plan or such general plan amendments or changes in rules, regulations, ordinances, and official policies as are to be adopted concurrently with the adoption of the development agreement; and, (Ord. 2399, § 1, 9/16/2008)

(2) is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located; and, (Ord. 2399, § 1, 9/16/2008)

(3) is in conformity with the public interest, general welfare and county land use planning policies; and, (Ord. 2399, § 1, 9/16/2008)

(4) will not be detrimental to the public health, safety and welfare of persons residing in the immediate area nor 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; and, (Ord. 2399, § 1, 9/16/2008)

(5) will not adversely affect the orderly development of property; and, (Ord. 2399, § 1, 9/16/2008)

(6) is consistent with the provisions of Government Code Sections 65864 through 65869.5 , the State law governing development agreements. (Ord. 2399, § 1, 9/16/2008)

(e) If the Board of Supervisors approves the development agreement, it shall do so by the adoption of an ordinance. Such approval is a legislative act and such ordinance is subject to referendum. After the ordinance approving the development agreement takes effect, the County will enter into the development agreement by signature of the Chairperson of the Board of Supervisors to said development agreement. (Ord. 2399, § 1, 9/16/2008)