Chapter 844.5 — DEVELOPMENT AGREEMENTS

• A. Purpose. A development agreement is a contract between the County and an applicant for a development project, in compliance with State law (Government Code Article 2.5 [Development Agreements]). A development agreement is an optional, not mandatory, application, based on the needs and desires of the applicant.

• B. Intent. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to County policies, rules, and regulations after project approval. In return, the County is provided assurance of payment of required fees, installation of necessary infrastructure, and other considerations the County might obtain in the development agreement.

• A. Filing. An application for a Development Agreement shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees.)

• B. Findings and decision. The review authority may approve a development agreement only after first making all of the following findings:

  1. The development agreement is in the best interests of the County; 
  

  2. The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and this Zoning Ordinance;

  3. The development agreement will promote the public convenience, health, interest, safety, and general welfare of the County;

  4. The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;

  5. The project will not adversely affect the orderly development of property or the preservation of property values;

  6. The project will further important County-wide goals and policies that have been officially recognized by the Board; and

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

Final Zoning Ordinance

February 2024

5-13

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 844.5

Development Agreements

• A. Mandatory contents. A development agreement shall contain the applicable provisions in compliance with Government Code Section 65865.2.

• B. Permissive contents. A development agreement may contain the applicable provisions in compliance with Government Code Section 65865.2.

• A. Ordinance becomes effective. The County shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Subsection 844.5.030 D. (Notice and hearings), above, becomes effective.

• B. Recordation of agreement. A development agreement shall be recorded in the County Recorder’s Office no later than 10 days after it is executed.

• A. Proposed amendment or cancellation. Either party to the agreement may propose an amendment to or cancellation of the development agreement.

• B. Same procedures. The procedure and notice requirements for amendment or cancellation of the development agreement are the same as the procedure for entering into an agreement in compliance with this Chapter.

• C. County initiated amendment or cancellation. Where the County initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least 15 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 874.6 (Public Hearings).

• A. Subject to periodic review.

  1. Every development agreement approved and executed in compliance with this Chapter, shall be subject to periodic County review during the full term of the agreement in compliance with Government Code Section 65856.1.

  2. The County shall review the development agreement at least every 12 months from the date the agreement is entered into.

     3. The review schedule shall be specified in the agreement.

Final Zoning Ordinance

February 2024

5-14

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 844.5

Development Agreements

• B. Purpose of periodic review.

  1. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement.

  2. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the County.

• A. Rules in force at the time of execution. Unless otherwise provided by the development agreement, the policies, regulations, and rules 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 policies, regulations, and rules in force at the time of execution of the agreement.

• B. Application of new rules. In compliance with State law (Government Code Section 65866), a development agreement shall not prevent the County, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property, nor shall a development agreement prevent the County from conditionally approving or denying any subsequent development project application on the basis of existing or new policies, regulations, and rules.

Final Zoning Ordinance

February 2024

5-15

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 844.5

Development Agreements

- This Page Intentionally Left Blank -

Final Zoning Ordinance

February 2024

5-16

FRESNO COUNTY ORDINANCE CODE - DIVISION 6, ZONING ORDINANCE

Chapter 846.5

Director’s Review and Approval