Chapter 18.117 — DEVELOPMENT AGREEMENTS

These regulations are adopted under the authority of Government Code Section 65864 et seq. ("law"), and the county's general plan.

(Ord. 557 § 2, 2003)

• (a) The County of Lassen ("county"), in its sole and exclusive legislative discretion, may enter into a binding agreement with any qualified applicant for the development of property within the county, pursuant to and in accordance with these regulations and the law.

• (b) The authority specified in subsection (a) of this section includes entering into a development agreement with a qualified applicant who owns land which land lies in an unincorporated area and is within a city's sphere of influence. This authority is founded on the provisions of Government Code Section 65865(b) .

• (c) Except in cases covered by subsection (b) of this section, a development agreement shall be considered only in conjunction with a completed application for any required general, area or specific plan amendments, rezoning, use permit, subdivision or parcel map, building permit, or other land use entitlement.

• (d) A development agreement may among other things include according to its terms all subsequent land use entitlements and all easements, dedications and public and private improvements to be installed pursuant thereto and other requirements to be imposed in connection therewith. It may limit, for a period of years, the changes to land use controls applicable to the specific parcels involved. It may limit the scope of uses which must be analyzed for California Environmental Quality Act purposes to those allowed under the terms of the development agreement.

• (Ord. 557 § 2, 2003)

• (a) Development agreements may be used in conjunction with any development project for which an application is filed or pending. All applications for development agreements shall be filed in conjunction with the community development department. The form of such application and the information and data required to be set forth thereon shall be as prescribed by the community development department. The community development department may require an applicant to submit such additional information and data as considered necessary to process the application.

• (b) A separate application shall be filed for each development project for which a development agreement is requested.

• (c) For purposes of these regulations, a "development project" shall mean a specific proposal for land use entitlement for development of a parcel or combination of parcels. A development project includes a proposed rezoning, use permit, subdivision or parcel map a specific plan or other land use entitlement, or combination thereof.

• (Ord. 557 § 2, 2003)

Each application shall be accompanied by payment of processing fees as set forth in the schedule of fees established by resolution of the board of supervisors fees and cost reimbursement.

Each application shall be accompanied by payment of processing fees as set forth in the schedule of fees established by resolution of the board of supervisors. (Ord. 557 § 2, 2003)

• (a) Only a qualified applicant may file an application to enter into a development agreement.

• (b) A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the proposed development agreement ("property").

• (c) The applicant shall submit, with the application, a copy of a preliminary title report which identifies the holders of all legal and equitable interests in the property, and all easements.

• (d) The community development department may require an applicant to submit proof of sufficient interest in the said real property.

• (e) The community development department may also require that all persons having a legal or equitable interest in the real property be made parties to the application and signatories to the agreement or otherwise assure the county, in form approved by the county counsel, that they will be legally bound to comply with the terms and conditions of the development agreements.

• (f) The provisions of subsection (e) of this section shall not apply to owners or claimants of interests in easements, whether of record or otherwise, unless the county counsel determines that their agreement or undertaking to be bound by the agreement is necessary for the agreement to be effective in achieving the county's objectives.

• (g) The qualified application and any successors in interest are hereinafter referred to as "landowner," which term shall include the plural in the case of an applicant consisting of more than one party.

• (h) The community development department may allow an agent for a qualified applicant to file and process the application upon proper execution of an agency letter.

• (Ord. 557 § 2, 2003)

The property shall:

• (a) Be situated within the county unincorporated area; and

• (b) Represent an appropriate parcel or parcels, as to ownership and parcel configuration, size and location, as determined by the community development department, to assure the development of property consistent with the policies, goals, standards and objectives of the general plan and any applicable area or specific plan.

Agreements relating to land which is covered by the provisions of this chapter may contain terms and conditions deemed necessary by the county in order to deal with issues peculiar to future annexation of land within the unincorporated area.

(Ord. 557 § 2, 2003)

Upon acceptance of the application as complete with the payment of fees required hereunder, the community development department shall review the application and shall at the appropriate time set a public hearing thereon before the planning commission in accordance with the procedures as set forth in Section 18.117.080 , below.

(Ord. 557 § 2, 2003)

Notice of the intention of either the planning commission or the county board of supervisors to consider the approval of a development agreement shall be given in accordance with the provisions of this section.

• (a) The notice shall contain, except as otherwise provided in subsection (c) of this section, the following information:

  • (1) The time and place of the hearing before the planning commission or the board of supervisors, as the case may be;

  • (2) The property location;

  • (3) A brief description of the project proposed to be subject to the agreement;

  • (4) A statement that a copy of the proposed development agreement is on file and available for public inspection.

• (b) Except as provided in subsection (c) of this section, the notice shall be:

  • (1) Published at least once in a newspaper of general circulation in the county;

  • (2) Mailed to the applicant and to all persons shown on the last equalized assessment roll as owning real property within five hundred feet of the property, postage prepaid, at least ten days before the date set for the hearing. If the number of owners to whom notice is to be mailed is greater than one thousand, the director of the community development department may as an alternative provide notice in the manner set forth in Section 65091(a)(3) of the Government Code;

  • (3) Provided by such additional means and to such additional persons as the director of community development, in his or her discretion, may determine to be appropriate; and

  • (4) Contain the notice specified in Government Code Section 65009(b)(2) .

• (c) The public hearing on the development agreement, and the notice thereof, may be combined with the public hearing and notice for an application for rezoning, use permit, subdivision or parcel map, or other land use entitlement pertaining to the property, in which case the notice requirements may be the same as those given for such other application, provided that such notice requirements shall comply with the provisions of subsection (b) of this section.

• (d) The failure of any person entitled to notice required by law or these regulations to receive notice shall not affect the authority of the county to enter into a development agreement.

• (Ord. 557 § 2, 2003)

• (a) No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury and that a different result would have been probable if the error had not occurred or existed.

• (b) There is no presumption that any error was or is prejudicial or that injury was done if an error was shown.

• (Ord. 557 § 2, 2003)

After its public hearing, the planning commission shall make its recommendation to the board of supervisors concerning the development agreement, including its consistency with the policies, goals, standards and objectives of the general plan and any applicable specific or area plan. A public hearing shall then be set and noticed before the board of supervisors in the manner specified in the section of this chapter regarding notice of hearing.

(Ord. 557 § 2, 2003)

• (a) After its public hearing, the board of supervisors in the exercise of its legislative discretion shall determine whether or not to approve and authorize execution of the proposed development agreement. The board of supervisors shall not approve the agreement unless it makes all of the following findings:

  • (1) The agreement is consistent with the goals, policies, standards and objectives of the county general plan any applicable specific or area plan;

  • (2) The development project should be encouraged in order to meet important economic, social, environmental or planning goals of the general plan or any applicable specific or area plan;

  • (3) The project would be unlikely to proceed in the manner proposed in the absence of a development agreement;

  • (4) The applicant will incur substantial costs in order to provide public improvements, facilities or services from which the general public will benefit;

  • (5) The landowner will participate in all programs established and/or required under the general plan or any applicable specific or area plan and all of its approving resolutions (including any mitigation monitoring plan), and has agreed to financial participation required under any applicable financing plan and its implementation measures, all of which will accrue to the benefit of the public;

  • (6) The landowner has made commitments to a high standard of quality and has agreed to all applicable land use and development regulations or negotiated list of land uses.

• (b) Even if all of the findings set forth in subsection (a) of this section can be made, the board of supervisors may in its sole discretion deny approval of the development agreement on the ground that the development agreement is not in the public interest.

• (c) The board of supervisors may add provisions to, or modify or delete any provision of the development agreement as a condition of its approval. Such action may, but need not be, referred back to the planning commission for its review and recommendation, without the necessity for a further public hearing before the commission.

• (Ord. 557 § 2, 2003)

• (a) If the board of supervisors approves the agreement, it shall do so by the adoption of an ordinance authorizing the chairman of the board of supervisors to execute the agreement at such time as the agreement becomes effective.

• (b) The development agreement shall become effective ("effective date") on the later of either; the effective date of the ordinance approving the agreement, or the date of the last the signatory to execute the agreement.

• (c) In the event that a referendum petition is filed or referendum proceedings are otherwise commenced within the referendum period, the agreement shall take effect, if at all, at the conclusion of the referendum proceedings. If the referendum proceedings result in a reversal of the action of the board of supervisors in approving the agreement, the agreement shall be void in its entirety, and no vested or other rights shall be deemed to have accrued to landowner or the property.

• (Ord. 557 § 2, 2003)

• (a) Any development agreement may be amended or canceled, in whole or in part, by the mutual consent of the parties to the agreement, or their successors in interest. Where amendments are proposed, which amendments are of a substantive nature, the procedures for approval thereof shall be the same as the procedures for approval of a development agreement in the first instance.

• (b) For purposes of these regulations, an amendment is a substantive amendment if it is one which changes the term of the development agreement or modifies the provisions of the agreement dealing with the permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by a landowner, or any other material term or condition of the agreement.

• (c) Any other amendment of the agreement is not a substantive amendment and shall not require a hearing before the planning commission or the board of supervisors and need not be referred to the planning commission.

• (d) Prior to commencement of development or at such earlier time as may be required under the development agreement approval process, parcelization of the property or any portion thereof, shall conform to the applicable zoning. It is contemplated that upon the reparcelization of the property, a development agreement may be amended by the landowner or a successor and the director of the community development department, acting on behalf of the county, to conform the descriptions of the property to such reparcelization, as a non-substantive amendment.

• (e) Determinations as to whether a proposed amendment is a substantive amendment shall be made to the county counsel.

• (f) The board of supervisors shall not approve a substantive amendment unless it makes all of the findings required pursuant to Section 18.117.110(a) of this chapter.

• (g) Even if the findings set forth in subsection (f) of this section can be made, the board of supervisors may in its sole discretion deny approval of the amendment on the ground that it is not in the public interest.

• (Ord. 557 § 2, 2003)

• (a) In addition to the provisions of Government Code Section 65865.1 , in the event that a landowner or its successor in interest is in default under the terms and conditions of the development agreement, no building permit application shall be accepted nor building permit issued to such landowner or successor unless such default is cured, or the development agreement is terminated and landowner has otherwise satisfied all county land use and development regulations as they exist at the time of application for a building permit.

• (b) Termination of the development agreement as to any landowner or successor shall not affect the landowner's or successor's obligations to comply with the general plan, any applicable specific or area plan, and all applicable land use and development regulations, together with any applicable financing plan and all of the measures implementing said plan.

• (Ord. 557 § 2, 2003)

• (a) Within ten days after the effective date, the county clerk shall have the agreement and the ordinance approving the agreement recorded with the county recorder without charge.

• (b) If the development agreement is terminated, the county clerk shall have notice of such action recorded with the county recorder, within ten days of the termination date without charge.

• (c) Any amendment to the development agreement shall be recorded in the same manner as a development agreement.

• (Ord. 557 § 2, 2003)

• (a) The director of the community development department shall, on an annual basis and at any other time that the director determines to be appropriate, cause to be reviewed the extent of good faith substantial compliance by the landowner with the terms and conditions of the development agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of the agreement, pursuant to Government Code Section 65865.1 . The costs of notice and related costs incurred by the county for such annual review shall be borne by the landowner. Failure to pay such annual review cost shall constitute a default on the part of the landowner.

• (b) The director of the community development department shall provide thirty days' prior written notice of such periodic review to the landowner. Such notice shall require the landowner to demonstrate good faith compliance with the terms and conditions of the agreement, and to provide such other information as may be reasonably requested by the director and deemed by the director to be required in order to ascertain compliance with the agreement. Such notice shall also include the statement that any review may result in amendment or termination of the agreement.

• (c) If, following the review, the director is satisfied that there has been good faith compliance with the terms and conditions of the agreement, the director of the community development department shall by letter inform the landowner of this finding. If the director is not satisfied that the landowner has demonstrated good faith compliance with all the terms and conditions of the agreement, the director may refer the matter along with recommendations to the board of supervisors.

• (d) Subject to all applicable noticing requirements, the board of supervisors shall conduct a hearing on compliance at its first available agenda after referral by the director. The landowner shall be given written notice of the hearing by mail at the address specified in the agreement, at least ten days prior to the date of the hearing, in addition to any other notice required by law. When the written notice is sent to the landowner, it shall include any staff report or other materials upon which the director based a conclusion that there has not been demonstrated good faith compliance with terms and conditions of this agreement.

• (e) The landowner shall be provided with opportunity to present written and/or oral testimony at the public hearing.

• (f) The board of supervisors shall hear the matter de novo.

• (g) At the conclusion of the hearing, the board of supervisors shall make written findings and determinations on the basis of substantial evidence, as to whether or not the landowner or successors have complied in good faith with the terms and conditions of the agreement.

• (h) If the board of supervisors determines that the landowner or successor has not complied in good faith with the terms and conditions of the agreement, the board of supervisors may terminate the agreement as to the particular landowner or successor, and as to the portion of the property in which the particular landowner or successor holds an interest. Alternatively, the

board of supervisors may modify the agreement; in that case, the landowner or successor shall decide whether to accept the modification. If the proposed modification is rejected, the agreement shall be terminated.

• (i) Termination of the agreement shall not affect any of landowner's obligations to comply with the general plan, any applicable specific or area plan, any applicable financing plan, any applicable zoning, use permit, subdivision or parcel map or other land use entitlement approved with respect to the property, nor shall it affect other covenants of landowner specified in the agreement to continue after termination of the agreement.

• (j) A finding by the director of the community development department or the board of supervisors of good faith compliance by a landowner with the terms and conditions of the agreement shall conclusively determine said issue up to and including the date of said review as to such landowner and that landowner's property.

• (Ord. 557 § 2, 2003)