§ 130.58

This Chapter establishes procedures and requirements for the adoption and amendment of development agreements in compliance with California Government Code Section 65864 et seq. A development agreement provides assurances to an applicant of a development project that, upon approval, the project may proceed in accordance with the conditions placed upon it by the review authority, as well as with existing policies, rules, and regulations. Development agreements strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

Unless otherwise expressed in this Title, the provisions in this Chapter are the exclusive procedures and rules relating to development agreements and, in the event of conflict, these provisions shall prevail over any other provisions of this Title.

The Board shall have review authority of original jurisdiction for development agreement applications, based on the review and recommendation by the Commission in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51

(General Application Procedures) above in this Article. The Board shall approve the development agreement by ordinance. The approval of a development agreement is a discretionary project pursuant to CEQA.

Sec. 130.58.040 - Findings Required.

The Board may approve the development agreement only if it finds that the agreement:

A.

Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

B.

Will not be detrimental to the health, safety, and welfare of persons residing in the immediate area or detrimental to the general welfare of the residents of the County as a whole;

C.

Will not adversely affect the orderly development of property or the preservation of property values;

D.

Is consistent with the provisions of California Government Code Sections 65864 through 65869.5; and

E.

If the development agreement includes a subdivision of 500 or more units, the agreement provides that there is sufficient water to serve any tentative map in compliance with California Government Code Section 66473.7.

Sec. 130.58.050 - Form of Agreement.

A.

The development agreement shall be in a form approved by County Counsel and shall contain the following:

1.

A legal description of the subject property;

2.

The allowed uses of the property;

3.

The density or intensity of use;

4.

The maximum height and size of proposed buildings;

5.

Provisions for reservation or dedication of land for public purposes; and

6.

The term of the agreement to a maximum of twenty years.

B.

The development agreement may include conditions, restrictions, and requirements for subsequent discretionary actions, provided they shall not prevent development of the land for the uses and density or intensity of development set forth in the agreement.

C.

The agreement may provide that construction will commence within a specified time and that the project, or any phase thereof, will be completed within a specified time.

Sec. 130.58.060 - Amendment, Cancellation, or Assignment.

A.

Either party may request an amendment or cancellation, in whole or in part, of any development agreement, either by procedures specifically set forth within the agreement or by the application process in compliance with Chapters 130.50 (Application Filing and Processing) and 130.51 ( General Application Procedures) above in this Article, on a form provided by the Department.

B.

An amendment or cancellation of the development agreement may occur upon mutual consent of the Board, the parties to the agreement, the qualified applicant(s) if different from the parties to the agreement, or as otherwise provided in the agreement.

C.

All assignments of the development agreement shall be subject to mutual agreement by all parties to the agreement, unless otherwise provided in the agreement. Any party to the agreement, excluding the County, may initiate a request for assignment. As part of the request for assignment, any amendments to the development agreement that may be required as a result of the assignment shall be identified.

Within ten days after the effective date of a development agreement or any amendment or cancellation thereof, the Clerk of the Board shall have the agreement, amendment, or cancellation notice recorded with the County Recorder.

A.

The Director shall review the development agreement not less than once every 12 months from its effective date for compliance with its terms and conditions.

B.

The Director shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement, excluding the County, and to each party entitled to notice in compliance with Section 130.51.050 (Public Notice) above in this Article.

C.

The Director shall conduct an investigation as to whether or not there has been good faith compliance and if it is found that there has not been such compliance a report with recommendations shall be filed with the Clerk of the Board.

D.

Upon receipt of the report, the Clerk of the Board shall place the matter on the Board's agenda for public hearing, subject to public notice requirements.

E.

If the Board finds and determines on the basis of substantial evidence that the applicant has complied in good faith with the terms and conditions of the agreement during the period under review, no further action is required. The burden of proof on this issue shall be on the applicant.

F.

If the Board determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Board may modify or terminate the agreement.

Sec. 130.58.090 - Rules, Regulations, and Official Policies.

Unless otherwise provided by the development agreement:

A.

The rules, regulations, and official policies of the County applicable to the development of the property that is subject to the development agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement.

B.

In subsequent actions on said property, the development agreement shall not prevent the County from applying new rules, regulations, or policies that do not conflict with those rules, regulations and policies in force at the time the agreement was executed.

C.

The development agreement shall not prevent the County from denying or conditionally approving any subsequent development project application on said property on the basis of such existing or new rules, regulations, and policies.

ARTICLE 6. - ZONING ORDINANCE ADMINISTRATION* CHAPTER 130.60. - ADMINISTRATIVE RESPONSIBILITIES

Sec. 130.60.010 - Planning Agency Established; Functions Defined.

This Chapter establishes a planning agency as provided by California Government Code Section 65100, comprised of the Board, the Commission, the Zoning Administrator, the Director and the Department. The planning agency shall perform all of the following functions:

A.

Prepare, periodically review, and revise, as necessary, the General Plan.

B.

Implement the General Plan through actions including but not limited to the administration of adopted community design standards, specific plans, and ordinances.

C.

Annually review the capital improvement program of the County and the public works projects of other local agencies for their consistency with the General Plan.

D.

Promote public interest, understanding, and comment on the general plan and regulations relating to it.

E.

Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the General Plan.

F.

Promote the coordination of local plans and programs with the plans and programs of other public agencies.

G.

Perform other functions as provided by the Board, including conducting studies and preparing plans other than those required or authorized by California Government Code Title 7, Sections 65100, et seq.

H.

Determine the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and Section 130.51.030 (Application Filing and Processing—Environmental Review) in Article 5 (Planning Permit Processing) of this Title.

————

*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.