Butte County Municipal Code Div. 6 Development Agreements

A Development Agreement is a contract between the County and an applicant for a development project, in compliance with Government Code Section 65864 et seq. The purpose of a Development Agreement is to:

A. Facilitate development projects for which there is significant applicant contribution toward infrastructure, public facilities, open space or other amenities, or other programs of benefit to the County and its residents.

B. Assure the applicant that upon approval of the subject project, the project may proceed in accordance with existing County policies, rules, and regulations in place at the time of Development Agreement approval.

C. Encourage private participation in comprehensive planning and provision of public facilities, including, but not limited to, streets, sewerage, transportation, potable water, schools, and utilities.

D. Provide a net benefit to the County and its residents not otherwise obtainable through other processes.

(Ord. No. 4062, § 1, 9-10-13)

A. The County may enter into a Development Agreement with any person who has controlling, legal, or equitable interest in real property for the development of the property.

B. Applicants for projects requiring major discretionary approvals, as determined by the Department of Development Services, shall negotiate development agreements with the County to ensure that the County's interests will be protected. Terms of Development Agreements shall be commensurate with a project's anticipated impacts, while also providing a net benefit to the County and its residents not otherwise obtainable through other processes

(Ord. No. 4062, § 1, 9-10-13)

A Development Agreement is a legislative act. The Board of Supervisors shall take action on all Development Agreement applications after considering the recommendation of the Planning Commission and Zoning Administrator.

(Ord. No. 4062, § 1, 9-10-13)

An application for a Development Agreement shall be filed and reviewed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Development Agreement applications, together with all required fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 24-292 (Findings).

(Ord. No. 4062, § 1, 9-10-13)

Public notice and hearing for an application for a Development Agreement shall be provided in compliance with Article VI, Division 2 (Public Notice and Hearings).

(Ord. No. 4062, § 1, 9-10-13)

After the public hearing on a Development Agreement application, the Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the Board of Supervisors based on the findings identified in Section 24-292 (Findings). The recommendation shall be transmitted to the Board of Supervisors within ninety (90) days after the date the hearing was closed to the public.

(Ord. No. 4062, § 1, 9-10-13)

A. Approval or Denial.

1. Upon receipt of the Planning Commission's recommendation on a Development Agreement application, the Board of Supervisors shall conduct a public hearing and take action on the application based on the findings identified in Section 24-292 (Findings).

2. The action by the Board of Supervisors shall be by a majority vote of the entire Board and shall be final and conclusive.

B. Referral to Commission.

1. If the Board of Supervisors proposes to adopt a substantial modification to the Development Agreement not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.

C. Adoption by Ordinance. If the Board of Supervisors approves the Development Agreement, it shall do so by adoption of an ordinance specifying the findings identified in Section 24-292 (Findings). The effective date of the Development Agreement shall be the effective date of the ordinance approving the Development Agreement.

(Ord. No. 4062, § 1, 9-10-13)

The Board of Supervisors may approve an application for a Development Agreement only if all of the following findings can be made:

A. The Development Agreement will provide clear and substantial benefits to the County and its residents.

B. The Development Agreement complies with applicable policies and regulations set forth in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan, and the Butte County Improvement Standards.

C. The Development Agreement complies with the requirements of California Government Code Sections 65864 et seq.

D. The Development Agreement will promote the public health, safety, and welfare, and will not be detrimental to or cause adverse effects to the residents, property, or improvements in the vicinity of the subject project.

E. The Development Agreement will be compatible with the uses allowed in, and the regulations that apply to, the zone in which the subject property is located.

F. The Development Agreement will not cause adverse effects to the orderly development of property or the preservation of property values in the county.

G. The Development Agreement will further important countywide goals and policies that have been officially recognized by the Board of Supervisors.

H. The Development Agreement will provide the County with important, tangible benefits beyond those that may be required by the County through project conditions of approval.

(Ord. No. 4062, § 1, 9-10-13)

The Board of Supervisors may attach conditions to the approval of a Development Agreement as needed to ensure compliance with all applicable standards and regulations in the Zoning Ordinance.

(Ord. No. 4062, § 1, 9-10-13)

A. Mandatory Contents. All Development Agreements shall specify all of the following:

1. The specified duration of the Development Agreement.

2. The permitted uses of the subject property.

3. The permitted density or intensity of development of the subject project.

4. The maximum permitted height and size of proposed structures.

5. Provisions for the dedication or reservation of land for public purposes.

6. A specific sunset date for the Development Agreement.

B. Optional Contents. Development Agreements may, upon mutual agreement of the County and the applicant, specify any of the following:

1. The conditions, terms, restrictions, and requirements for subsequent discretionary actions.

2. Requirements that construction be commenced within a specified time and that the project or any phase of the project be completed within a specified time.

3. Terms and conditions related to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Ord. No. 4062, § 1, 9-10-13)

The Development Agreement shall be recorded in the County Recorder's Office no later than ten (10) days after it is approved.

(Ord. No. 4062, § 1, 9-10-13)

A. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a Development Agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.

B. A Development Agreement does not prevent the County in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 4062, § 1, 9-10-13)

A. The County shall maintain a list of all Development Agreements. The County shall perform a periodic review of the Development Agreement at least once every twelve (12) months, or at any other time that the County considers to be appropriate, at which time the applicant (or successor in interest) shall demonstrate good faith compliance with the terms and conditions of the Development Agreement. The review shall be limited in scope to compliance with the terms and conditions of the Development Agreement.

B. The costs of notice and related costs incurred by the County for review shall be borne by the applicant (or successor in interest).

C. Failure of the County to conduct a periodic review shall not constitute a waiver by the County of its rights to enforce the provisions of the Development Agreement. The developer shall not assert any defense to the enforcement of the Development Agreement by reason of the failure of the County to conduct a periodic review.

(Ord. No. 4062, § 1, 9-10-13)

A. Result of Review. If, as a result of review under Section 24-297 (Periodic Review), the County determines that the applicant (or successor in interest) has not complied in good faith with the terms and conditions of the Development Agreement, the County may modify or terminate the Development Agreement.

B. Notice. If the County determines to proceed with modification or termination of the Development Agreement, the County shall give notice to the applicant (or successor in interest) of its intention to modify or terminate the agreement. The notice shall contain all of the following:

1. The time and place of the hearing, which shall be conducted by the Board of Supervisors as provided in Subsection C (Hearing).

2. A statement of whether the County proposes to modify or terminate the Development Agreement.

3. Any other information the County considers necessary to inform the applicant (or successor in interest) of the nature of the proceedings.

C. Hearing. The Board of Supervisors shall conduct a hearing on the modification or termination of the Development Agreement consistent with the following provisions:

1. The applicant (or successor in interest) shall be given an opportunity to be heard at the hearing.

2. At the hearing, the Board of Supervisors may affirm, modify, or reject the determination of County staff to modify or terminate the Development Agreement.

3. The Board of Supervisors may refer the matter back to County staff for further proceedings or for report and recommendation.

4. The Board of Supervisors may impose conditions to the action it takes that it considers reasonable and necessary to protect the interests of the County.

5. The decision of the Board of Supervisors on the modification or termination shall be final.

(Ord. No. 4062, § 1, 9-10-13)