Chapter 20.08 — GENERAL PROVISIONS

• A. Any person wishing to enter into a development agreement must file an application for approval of a development agreement with director of planning. The form of such application and the information and data required to be set forth thereon shall be in letter form and shall comply with the following requirements.

  1. The application shall be accomplished by a draft of the proposed development agreement, which shall contain the following:

     • a. The proposed term of the agreement;

     • b. The permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes;

     • c. Proposed conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The proposed development agreement shall identify the county ordinances, codes, resolutions, regulations and policies that shall be applicable to the project that is the subject of the proposed development agreement;

     • d. A legal description of the property proposed to be covered by the agreement;

     • e. A discussion of the public benefits that shall be provided by the project that is the subject of the proposed development agreement;

     • f. Identify those portions of this code, ordinances, rules, regulations and official policies to remain unchanged through the term of the development agreement as well as the elements of the general plan and sections of the zoning ordinance to remain unchanged.

  2. The application shall be accompanied by payment of a filing fee in the amount of seven hundred fifty dollars. In addition, the applicant shall be required to pay any actual costs incurred by the county in processing the application for a development agreement that exceed the amount of the filing fee.

• B. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement.

• C. Upon receipt of an application for a development agreement, the director of planning shall review the application. If the application is deemed complete, the director of planning shall transmit the application, together with any recommendation thereon, to the planning commission.

• (Ord. 946 § 1, 1994)

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Inyo County, CA

INYO COUNTY CODE

§ 20.08.020

§ 20.08.040

• A. Notice of the intention of the planning commission and the board of supervisors to consider recommendation or the approval of a proposed development agreement shall be given in the manner provided in California Government Code Section 65867.

• B. The public hearing on the development agreement, and the notice thereof, may be combined with the public hearing and notice for an application for general plan amendment, rezoning, subdivision map or other land use entitlement pertaining to the property that is the subject of the proposed development agreement.

• C. The failure of any person entitled to notice required by law or this title to receive notice shall not affect the authority of the county to enter into a development agreement.

• (Ord. 946 § 1, 1994)

All applications for development agreements shall be considered at a public hearing before the planning commission for recommendation. After the public hearing, the planning commission shall make its recommendation by resolution to the board of supervisors concerning compliance with the California Environmental Quality Act ("CEQA") and the planning and land use issues related to the development agreement, including a finding with respect to its consistency with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.

(Ord. 946 § 1, 1994)

• A. Upon receipt of the application and the recommendations of the director of planning and following the planning commission hearing, the board of supervisors shall hold a public hearing on the application for a development agreement. Notice of intention to consider the application shall be given in the same manner as set forth in Section 20.08.020 of this chapter.

• B. The public hearing on the development agreement, and the notice thereof, may be combined with the public hearing and notice for an application for general plan amendment, rezoning, subdivision map or other land use entitlement pertaining to the property that is the subject of the proposed development agreement.

• C. After the public hearing is closed, the board of supervisors shall approve, modify or disapprove the proposed development agreement. Any action by the board of supervisors to add, modify or delete any provision of the development agreement may, but need not be, referred back to planning commission for its review and recommendation, without the necessity for a further hearing before the planning commission. The board of supervisors may specify a time period during which the planning commission must act on such referral back. An application for a development agreement shall not be approved unless the board of supervisors finds that the provisions of the development agreement, as submitted or as modified, are consistent with the general plan and any applicable specific plan and that the county has complied with the requirements of CEQA. The approval of a development agreement shall be made by ordinance, which shall authorize the chairperson of the board of supervisors to execute the agreement on behalf of the county.

• D. If the board of supervisors adopts an ordinance approving a development agreement, then

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Inyo County, CA

DEVELOPMENT AGREEMENTS

§ 20.08.040

§ 20.08.060

the parties thereto shall execute the development agreement within ten days after the ordinance authorizing the development agreement becomes effective. The time for executing the agreement may be extended by the mutual consent of the board of supervisors and the applicant.

• E. Within ten days after the chairperson of the board of supervisors signs a development agreement, the clerk of the board of supervisors shall cause a copy thereof to be recorded with the Inyo County recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in California Government Code Section 65868, or if the county determines or modifies the agreement as provided in California Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, the clerk of the board of supervisors shall have notice of such action recorded with the Inyo County recorder.

• (Ord. 946 § 1, 1994)

• A. All development agreements shall be revised by the director of planning at least once every twelve months. The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms of the development agreement and for any other purpose which may be specified in said agreement.

• B. Prior to each review, the director of planning shall prepare a report for review by the planning commission relative to all development which has occurred under the development agreement subsequent to the last past review and any other matters which the director of planning wishes to bring to the planning commission's attention. A copy of the report prepared by the director of planning shall also be given to the board of supervisors.

• C. If the director of planning's report recommends modification or termination of the development agreement, he or she shall schedule a public hearing before the planning commission on the agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as set forth in Section 20.08.020 of this chapter. At such hearing the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the development agreement.

• D. If, after the public hearing is closed, the planning commission recommends that the development agreement should be terminated or modified, the matter shall be referred to the board of supervisors for proceedings for termination or modification.

• E. Upon receipt of the planning commission's recommendation, the board of supervisors shall schedule a public hearing. Notice of intention to modify or terminate the development agreement shall be given in the same manner as set forth in Section 20.08.020 of this chapter.

• F. If, after the public hearing is closed, the board of supervisors finds and determines, on the basis of substantial evidence, that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the development agreement, the board of supervisors may modify or terminate the development agreement. Any modification or termination is subject to the provisions of Section 20.08.100 of this chapter.

• (Ord. 946 § 1, 1994)

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Inyo County, CA

INYO COUNTY CODE

§ 20.08.060

§ 20.08.100

The term of any development agreement entered into by the county shall not exceed fifty years. (Ord. 946 § 1, 1994)

This code, ordinances, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those codes, ordinances, rules, regulations and official policies specifically identified in the development agreement, and in force at the time of the execution of the development agreement. A development agreement shall not prevent the county, in subsequent actions applicable to the property that is the subject of a development agreement, from applying new codes, ordinances, rules, regulations and policies that do not conflict with the terms of the development agreement or those codes, ordinances, rules, regulations and policies applicable to the property as specifically identified therein, nor shall a development agreement prevent the county from denying or conditionally approving any subsequent development project application on the basis of such existing or new codes, ordinances, rules, regulations or policies. (Ord. 946 § 1, 1994)

A development agreement shall acknowledge the possibility of changes in the Uniform Building Code or the county's building, plumbing, mechanical, fire and electrical codes during the term of the development agreement and shall provide that any amendments adopted by the county shall apply to the project that is the subject of the development agreement. (Ord. 946 § 1, 1994)

In the event that state or federal laws or regulations enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development 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. (Ord. 946 § 1, 1994)

A development agreement may be amended or canceled, in whole or in part, by the mutual consent of the parties to the development agreement or their successors in interest, and as otherwise provided in the development agreement. Notice of intention to take such action shall be given in the manner provided in Section 20.08.090; provided, however, that the parties may set forth special procedures within the development agreement for processing specifically identified amendments to the development agreement, including amendments necessitated by the granting of subsequent project approvals or modifications which are otherwise approved in accordance with the county's processing procedures for such approvals. Except for those amendments that are identified specifically in the development agreement and subsequent project approvals or modifications thereof which are otherwise approved in accordance with the county's processing procedures for such approvals, all amendments to the development

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Inyo County, CA

DEVELOPMENT AGREEMENTS

§ 20.08.100

§ 20.08.130

agreement shall be processed in accordance with the procedures set forth herein for the consideration and approval of development agreements. (Ord. 946 § 1, 1994)

Inyo County board of supervisors by resolution, and upon recommendation of planning commission, may adopt guidelines for the consideration and approval of the development agreement.

(Ord. 946 § 1, 1994)

Title 21, Section 21.08.100 of this code provides that renewable energy development agreements shall be processed in the same manner entered into in accordance with the procedures set forth in Title 20 of this code except that the county planning commission will not be involved in the consideration, approval or review of such agreements. Section 21.08.100 also provides that a renewable energy development agreement may be exempted from the annual review provisions of Title 20, Section 20.08.050 if the renewable energy development agreement contains the enforcement provisions set forth in Sections 21.24.010 to 21.24.080 of Title 21. In accordance with Section 21.08.100, the planning commission shall not be involved with the consideration, approval or review of renewable energy development permits, including related California Environmental Quality Act documents, and in a renewable energy development agreement, the board of supervisors may exempt the agreement from the annual review provisions of Title 20, Section 20.08.050 if the agreement contains the enforcement provisions set forth in Sections 21.24.010 to 21.24.080 of this code.

(Ord. 1158 § 4, 2010)

Any violation of this chapter may be enforced pursuant to Title 22. (Ord. 1192 § 20, 2015)

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Inyo County, CA

DEVELOPMENT AGREEMENTS

§ 20.12.010

§ 20.12.010