2171-7. Regulations Affecting Property Subject to a Development Agreement.
(a) The development agreement may specify, consistent with State law, the development rights vested by the Agreement. Except as otherwise provided by the development agreement, the regulations which apply to the development of the property subject to the Agreement shall be as follows: (Ord. 2399, § 1, 09/16/2008)
(1) Development of the property shall be subject to the rules, regulations, ordinances, and official policies applicable to such development on the effective date of the development agreement which is the date of recordation. To the extent any future changes in the County’s general plan, certified local coastal programs, specific plans, zoning ordinances, or any future rules, ordinances, regulations or policies adopted by the County purport to be applicable to the property but are inconsistent with the terms and conditions of the development agreement, the terms of the development agreement shall prevail, unless the parties thereto mutually agree to amend or modify the development agreement. (Ord. 2399, § 1, 9/16/2008)
(2) A development agreement shall not prevent the County, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with the terms and conditions of the development agreement, nor shall a development agreement prevent the County from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations, and policies. (Ord. 2399, § 1, 9/16/2008)
(3) In the event State or Federal laws or regulations enacted after the effective date of the development agreement prevent or preclude compliance with one or more provisions of the agreement, such provisions of the development agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. Said modification or suspension shall be noticed and heard in accordance with the procedures set forth in Section 2171-12 of this Chapter. The development agreement shall not preclude the County from applying to the property which is the subject of the development agreement those changes in County plans, regulations and policies which are specifically mandated by changes in State or Federal laws or regulations. (Ord. 2399, § 1, 9/16/2008)
(4) Nothing in this Chapter or in the development agreement shall be construed to limit the authority of the County to impose requirements and conditions on subsequent required approvals or permits if such requirements or conditions are necessary to protect persons or property from situations which create a condition dangerous to health or safety, nor shall this Chapter or the development agreement be construed to limit the authority of the County to require compliance with building standards, building codes and such other codes, ordinances, and regulations as are necessary to protect against a condition dangerous to the public health or safety. (Ord. 2399, § 1, 9/16/2008)
(b) Notwithstanding any other provision of this Chapter, subsequent applications for development of the property which is the subject of the development agreement shall be subject to the development and processing fees which are in force and effect at the time the subsequent applications are filed. (Ord. 2399, § 1, 9/16/2008)
(c) Nothing in this Chapter shall be construed to limit the authority or obligation of the County to hold necessary public hearings or to limit the discretion of the County or any of its officers or officials with regard to the rules, regulations, ordinances, laws, and entitlements of use which require the exercise of discretion by the County or any of its officers or officials, provided that subsequent discretionary actions shall not conflict with those elements vested as a result of the development agreement. (Ord. 2399, § 1, 9/16/2008)