Article 15.20 — DEVELOPMENT AGREEMENTS

• A. The purpose of this article is to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development by enabling the county and an applicant for a development project to enter into a development agreement which vests certain development rights.

• B. The reduction of uncertainty in the development review process will promote long-term stability in the land use planning process of local government and will result in significant public gain at the local level.

• C. These regulations are adopted pursuant to the authority of the California Government Code, Section 65864 et seq.

• D. References included herein, unless otherwise specified, are to Chapter 934 of the Statutes of 1979 added Article 2.5 to Chapter 4 of Division 1 of Title 7 of the California Government Code commencing with Section 65864.

• (Prior code § 37.01)

• A. The terms used in this article are consistent with the same terms used in the enabling legislation (Section 65864 et seq., California Government Code).

• B. Where used in this article, the following words and phrases shall have the meanings given to them in this section:

"Board" means the board of supervisors of the county of Placer.

"Commission" means the planning commission of the county of Placer.

"County" means the county of Placer.

"Department" means the planning department of the county of Placer.

"Developer" means the qualified applicant for a development project. One who has a legal or equitable interest in the real property which is the subject of the development agreement. An authorized agent of the applicant or principle developer.

"Development project" means a project proposed requiring the approval of local government in order to proceed to completion.

"Development review committee (DRC)" means the development review committee of the county of Placer consisting of one member of each from the departments of planning, public works and environmental health.

"Master plan" means the master plan conditional use permit approved by the planning commission which sets forth the conceptual design, plan of improvements, and utilization of the project real property. The exhibit map for the master plan conditional use permit.

"Planning director" means the head of the planning department and chief planning officer of the county of Placer who is appointed by and serves at the discretion of the county executive officer. Unless otherwise stated, the planning director's designee may be

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.020

§ 15.20.050

substituted for the director wherever this article mentions planning director.

"State" means the state of California.

(Prior code § 37.03)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant (developer) is a person, or other entity, who has a legal or equitable interest in the real property which is the subject of the development agreement. An authorized agent may be a qualified applicant. An applicant may be required by the planning director to submit proof of his or her legal or equitable interest in the real property and of the authority of an agent to act on behalf of the applicant.

(Prior code § 37.05)

• A. Forms. The planning director shall prescribe the form for each application, notice and document required by or provided for by these regulations.

• B. Supplemental Data. The planning director may require an applicant to submit such information and supporting data as is necessary to evaluate and process the application.

• C. Fees. The board of supervisors may, by separate resolution, fix a schedule of fees and charges imposed for the filing and processing of each application or document required by or provided for within these regulations.

• D. Form and Content. The form and content of development agreements authorized by this article shall be as specified in Section 15.20.140.

• (Prior code § 37.07)

• A. Submittal of Application. The required forms and supplemental information such as maps, plans, etc. shall be submitted to the planning department together with the fee(s) required by Section 15.20.040(C). The development agreement application may also be filed concurrently with other development applications which may be appropriate for the project in question.

• B. Preliminary Acceptance. The department shall have five working days to determine if the development agreement application is complete. This period may be extended by agreement of the developer. If said application is complete, it shall be filed for processing with the planning commission secretary. If the application is incomplete, all materials submitted shall be returned to the developer together with any filing fees paid and a statement of deficiencies in the application.

• C. Distribution of Applications. The commission secretary shall forward the development agreement application and copies of all supporting documents to members of the development review committee (DRC) for review. The planning director or designee shall act as chairperson of the DRC and shall have the authority to include other such technical or professional persons into the DRC as may be required for a full and thorough examination of the development agreement application and supporting documents.

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Placer County, CA

PLACER COUNTY CODE

§ 15.20.050

§ 15.20.060

• D. Development Review Committee Conference. Once the technical review of the development agreement application is completed by the DRC, at least one conference shall be held to refine the draft development agreement into a document by which all parties may agree to be bound.

• E. Scheduling for Planning Commission Hearing. Following one or more such conferences, the DRC shall prepare a written report for submittal to the planning commission, together with the draft development agreement document(s). Consideration of the development agreement draft document(s) shall be scheduled at the next available planning commission meeting following receipt of the DRC's written report by the commission secretary.

• (Prior code § 37.10)

• A. Duty to Give Notice. The planning department shall give notice of intention to consider the adoption of a development agreement and of any other public hearing required by law or these rules at least 10 days prior to the subject public hearing.

• B. Form of Notice. The form of the notice of intention to consider the adoption of a development agreement shall contain:

  1. The time and place of the hearing;

  2. The body conducting the hearing;

  3. A general explanation of the matter to be considered including a general description of the area affected; and

  4. Other information required by specific provisions of these regulations or which the planning director considers necessary or desirable.

• C. Time and Manner of Notice. The time and manner of giving notice is by:

  1. Publication or Posting. Publication at least once in a newspaper of general circulation, published and circulated in Placer County or if there is none, posting in at least three prominent places on the real property which is the subject of the proposed development agreement. Those places chosen for posting must be visible to the general public. The posters shall be no less than eight and one-half inches by 11 inches in size and shall be in a form prescribed by the planning director.

  2. Mailing. Mailing of the notice to all persons shown on the latest equalized assessment roll as owning real property within 600 feet of the exterior boundary of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than 1,000, the planning director may provide notice in a manner set forth in Section 65854.5(b) of the Government Code.

• D. Additional Notice. The planning commission may direct that the notice of the public hearing to consider a proposed development agreement shall be given in a manner that exceeds the notice requirements prescribed by state law.

• E. Declaration of Existing Law. The notice requirements listed above are declaratory of existing law (Government Code Sections 65867, 65854, 65854.5 and 65856 as incorporated by reference) If state law changes to prescribe different notice requirements,

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.060

§ 15.20.080

legal notices for the consideration of proposed development agreements shall be given in that manner.

• F. Failure to Receive Notice. The failure of any person to receive a notice as prescribed by law, or these regulations, does not affect the authority of the county to enter into a development agreement.

• (Prior code § 37.12)

• A. Conduct of the Proceedings. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.

• B. Irregularity of Proceedings. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any 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. There is not presumption that error is prejudicial or that injury was done if error is shown.

• C. Determination by the Planning Commission. After the hearing by the planning commission, the planning commission shall make its recommendation in writing to the board of supervisors. The recommendation shall include the planning commission's findings as to whether or not the development agreement proposed:

  1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan;

  2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

  3. Is in conformity with public convenience, general welfare and good land use practice;

  4. Will be detrimental to the health, safety and general welfare of persons residing in the county;

  5. Will adversely affect the orderly development of property or the preservation of property valued.

The recommendation shall include the reasons for the recommendation.

(Prior code § 37.14)

• A. Legal Notice Requirements. The hearing before the board of supervisors shall be preceded by the legal notice requirements specified in Section 15.20.060 except that the clerk of the board shall be responsible for items listed as the responsibility of the planning department

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Placer County, CA § 15.20.080

PLACER COUNTY CODE

• B. Conduct of the Proceedings. The hearing shall be conducted pursuant to Section 15.20.070(A) above. Section 15.20.070(B) is also applicable.

• C. Decision by the Board of Supervisors. After the board of supervisors completes the public hearing, it may accept, modify or disapprove the recommendation of the planning commission. It may, but need not, refer matters not previously considered by the planning commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the board of supervisors. The board of supervisors may not approve the proposed development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

• (Prior code § 37.16)

• A. If the board of supervisors approves the proposed development agreement, it shall do so by the adoption of an ordinance supported by the findings as required in Section 15.20.070(C).

• B. After the ordinance approving the development agreement takes effect, the county may enter into the agreement.

(Prior code § 37.18)

• A. Initiation of Amendment or Cancellation. Any party to a development agreement may propose an amendment to or cancellation in whole or in part of the development agreement.

• B. Procedure. The procedure for proposing an adoption of an amendment to or cancellation in whole or in part of the agreement is the same as the procedure set forth in Sections 15.20.050 through 15.20.090.

• (Prior code § 37.24)

• A. Within 10 days after the county enters into the development agreement, the county shall have the agreement recorded with the county recorder.

• B. If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Section 15.20.100 (Government Code Section 65868 incorporated by reference), or if the county terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the county shall have notice of such action recorded with the county recorder.

• (Prior code § 37.28)

• A. Time for and Initiation of Review. The county shall review the development agreement at least once during each 12 month period from the date the agreement was entered into. The

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.120

§ 15.20.130

frequency of review may be increased, but may not be decreased, either by agreement between the parties or by initiation of the modification process in Section 15.20.130, in one or more of the following ways:

1. Recommendation of the development review committee (DRC);

2. The affirmative vote of at least four members of the planning commission;

3. The affirmative vote of at least three members of the board of supervisors.

• B. Notice of Periodic Review. The planning director shall begin the review proceeding by giving notice to the developer that the county intends to undertake a periodic review of the development agreement. Notice shall be given at least 10 days in advance of the time at which the matter will be considered by the planning commission. The planning commission may, by majority vote, delegate the responsibility of periodic review to the development review committee.

• C. Public Hearing. The planning commission or its designee (e.g., DRC) shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof in such matters is upon the developer. Such a hearing need not be advertised as provided in Section 15.20.060; however, hearings on periodic review of development agreements shall be included in the regular agenda of the hearing body considering the periodic review.

• D. Determination by Hearing Body. The hearing body shall determine upon the basis of substantial evidence whether or not the developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.

  1. If the county finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, a written report stating such shall be issued terminating that review period.

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

  3. The developer may appeal a determination pursuant to paragraph (2) above to the planning commission and/or board of supervisors in accordance with the procedures outlined in Section 17.60.110, et seq. Chapter 17, Placer County Code (zoning ordinance). For such appeals, the planning commission, of the board of zoning appeals, shall be the appellate body of the development review committee.

(Prior code § 37.32)

• A. Proceedings Upon Modification Or Termination. If, upon a finding under Section 15.20.120(D)(2), the county determines to proceed with modification or termination of the agreement, the county shall give notice to the developer of its intention to hold a hearing not less than 30 days prior to the hearing. The notice shall contain:

  1. The time and place of the hearing;

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Placer County, CA

PLACER COUNTY CODE

§ 15.20.130

§ 15.20.140

2. A statement as to whether or not the county considers necessary to inform the developer of the nature of the proceeding;

3. Any other information which the county considers necessary to inform the developer of the nature of the proceeding.

• B. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the developer shall be given an opportunity to be heard. If the hearing is conducted before the board of supervisors on appeal, the board may refer the matter back to the planning commission for further proceedings or for report and recommendation. The board of supervisors may impose those conditions to the action it takes as it considers necessary to protect the interests of the county. The decision of the board is final.

(Prior code § 37.36)

All documents required by this article, whether the agreement or any attachments and exhibits, must be suitable for recordation by the county recorder.

• A. Parties. All parties to the agreement must be listed within the first paragraph of the agreement. The county may require such other descriptive information as may be required to clearly and accurately identify the parties to the development agreement. If a purpose statement describing the reasons for the nature of the agreement is included, the listing of parties to the agreement may follow such purpose statement.

• B. Recitals. The development agreement must include a section which refers to concurrent or prior governmental actions taken on the development project itself or other governmental actions which materially affect the development agreement for that project (ref. Government Code Sections 65867, 65867.5). Actions taken pursuant to the California Environmental Quality Act (CEQA) should also be mentioned in this section.

• C. Definitions. All terms used in a context other than normal, daily usage shall be clearly defined at the beginning of the development agreement. Any terms unique or special to the proposed development project shall be clearly defined for purposes of the agreement.

• D. List of Exhibits. Any document, map, plan, form, display, photograph, etc., necessary for the review and approval of the project shall be listed as an exhibit to the development agreement or incorporated by reference to prior approvals which are part of the agreement. At a minimum, exhibits presented as a part of the development agreement shall be:

  1. A legal description of the real property for which the development agreement is proposed;

  2. A map of the development project consistent with the requirements of Section 15.20.150; and

  3. Approval documents of all prior governmental approvals for the development project.

• E. Assignability. A statement specifying the assignability of responsibilities, obligations and benefits under the agreement shall be included in the development agreement.

  1. The responsibilities, obligations and benefits of the agreement may only be assigned

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.140

§ 15.20.140

subsequent to notification of all other parties to the agreement.

2. Successors in interest to property governed by an agreement shall be notified of the provisions of the agreement. Such successors in interest shall notify the county of their receipt of such notice.

• F. Interest of Contracting Party in the Real Property. If not mentioned in the development agreement section relating to parties to the agreement, a separate section shall be included in the development agreement specifically explaining the contracting party's interest in the real property of the development project.

• G. Duration of the Agreement. The term of the development agreement shall be specified in the draft agreement. Any provisions for extension or modification of said term shall also be included.

• H. Relationship of Parties. The relationship of all parties to the development agreement shall be clearly specified:

  1. Addresses of all parties to which written notice, demands, correspondence and communications are to be directed shall be included in the agreement.

  2. A statement shall be included in the agreement specifying any changes in the relationship of the parties which may occur as a result of the development project's real property being included in another governmental jurisdiction (e.g., annexation into an incorporated city from the county).

• I. Restrictions on Uses of the Property. Any restriction, limitation or other modification of uses on the real property which is the subject of the development agreement and which is not otherwise controlled by applicable governmental regulations shall be specified in the agreement. Such restrictions may include, but not be limited to:

  1. Permitted or prohibited uses;

  2. Density of uses;

  3. Intensity of uses;

  4. Maximum height of building and other structures;

  5. Maximum size of buildings and other structures;

  6. Reservations and dedications of land for common or public purposes.

  7. Special setbacks or other construction standards.

• J. Subsequent Discretionary Actions. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions and shall provide that such conditions, terms, restrictions and requirements for subsequent actions, if included, shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

  1. The agreement shall also indicate the duty of the developer/applicant to obtain further approvals if any are required.

  2. The agreement shall contain provisions for cooperation by the parties to the

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Placer County, CA § 15.20.140

PLACER COUNTY CODE

• K. Effect of the Agreement in Light of Subsequently Adopted Land Use Regulations and/or Design and Construction Standards.

  1. With regard to the real property which is the subject of the development agreement, the county rules, regulations, ordinances, laws, general and specific plans, and official policies governing development, density, permitted uses, growth management, design criteria, construction standards and environmental considerations shall be those in force and effect upon the commencement of the term of the agreement unless otherwise provided by said agreement.

  2. Unless specifically provided for in the agreement, the county will thereafter, during the term of the agreement, apply only such newer, modified rules, regulations, laws, ordinances, design criteria, construction standards and environmental considerations which are not in conflict with those in effect on the date of commencement of the development agreement, except that such measures as are deemed to be necessary by the county health officer to protect the health and safety of the local population shall be incorporated as added requirements for the development project's construction, if applicable.

  3. The provisions of subsections (K)(1) and (2) of this section shall not preclude the application to a development project those changes in county rules, regulations, laws, ordinances or policies specifically mandated and required by changes in state or federal laws or regulations. In the event that such changes in state or federal laws prevent or preclude compliance with one or more provisions of the development agreement, the parties shall take action to amend the agreement pursuant to Section 15.20.100 of these regulations.

• L. Periodic Review. The development agreement shall contain provisions for periodic review pursuant to Section 15.20.120 of these regulations.

• M. Amendment, Cancellation, Modification, Termination, Suspension and/or Recordation of the Agreement. The development agreement shall contain provisions for the amendment, cancellation, modification, termination, suspension and/or recordation of the agreement pursuant to Sections 15.20.100 and 15.20.110 of these regulations.

• N. Enforcement and Remedies. The development agreement shall contain provisions for enforcement of the agreement by all parties involved and shall specify legal remedies available to parties injured by the lack of performance of other parties to the agreement.

• O. Attorney's Fees and Costs.

  1. At a minimum, the development agreement shall provide for recovery of attorney's fees and costs of enforcement by the county, in the event that legal action or other enforcement processing is undertaken by the county pursuant to these regulations.

2. The agreement shall also provide for a reimbursement schedule for county staff time spent processing, reviewing and implementing the provisions of the agreement. This reimbursement schedule shall contain prevailing wage rates of appropriate staff members at the time the agreement is executed. The wage rate shall include the costs to the county of employee benefits, overhead and other appropriate associated costs.

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.140

§ 15.20.150

• P. Improvement Security/Insurance. As a condition of the development project's approval and as a portion of the development agreement, the county may require the furnishing of appropriate and reasonable improvement security pursuant to local ordinances and California Government Code Section 66499 et seq. The county may also require evidence of compliance with labor standards and insurance required as a standard condition under federal, state or local law at the time of county action on any necessary development permits or any other entitlements for use of the development project real property which is the subject of the development agreement.

• Q. Miscellaneous Terms and Conditions. All terms, conditions, requirements and provisions of the development project's permit approvals shall be included in the development agreement. Additional terms, conditions, requirements and provisions not a part of the project permit approvals may be included in the development agreement with the mutual consent of all parties to the agreement.

• (Prior code § 37.40)

The map shall be clearly and legibly drawn one sheet whenever possible, and shall contain, at a minimum, the following information:

• A. The title may contain such name as may be selected by the subdivider and approved by the county.

• B. Names and address for the legal owner of the property, developer/agent and civil engineer, or licensed land surveyor or person who prepared the map.

• C. A topographic contour map showing accurately the existing terrain within the project and a minimum of 500 feet on all sides, approximately finished grade contours of all proposed roads, existing drainage channels, roads, culverts, overhead and underground utility lines, wells and springs, major structures, irrigation ditches, utility poles and other improvements in their correct location which may affect the design of the project.

  1. For subdivisions of average lot size of less than one acre, the map shall be drawn to an engineer's scale of one inch equals 50 feet.

  2. For subdivisions of average lot size of one acre or more, the map shall be drawn to an engineer's scale of one inch equals 100 feet.

  3. All other projects shall be presented on a map drawn to an engineer's scale of one inch equals 50 feet or larger, if required by DRC.

The DRC may approve a map scale different than those specified if warranted by unique features of the project.

The contour interval within the project boundaries shall not be greater than two feet; the contour interval outside the project boundaries shall not exceed five feet. Every fifth contour shall be of heavier weight and labeled. Care shall be exercised in labeling contours to the end that the elevation of any contour is readily discernable. Contours may be omitted when the lines fall closer than 10 contours per inch; provided, that all contours at the bottom and top of slope changes are shown. In no event shall the heavy contours be omitted.

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Placer County, CA § 15.20.150

PLACER COUNTY CODE

§ 15.20.150

Spot elevations shall be expressed to the nearest 0.1 foot. On comparatively level terrain where contours are more than 100 feet apart, the contours may be omitted and spot elevations substituted therefor. Additional spot elevations shall be shown at intervals along the center of dikes, roads, and ditches at summits, depressions, saddles, or at other existing permanent installations.

At least 90% of all contours shall be within one-half contour of true elevation except that in areas where the ground is completely obscured by dense brush or timber, 90% of all contours shall be within one contour interval. Contours in obscured areas shall be indicated by dashed lines. Mapping not having this accuracy shall be rejected. When the map contains more than one sheet, the sheets shall be indexed to show the relative position of each sheet.

• D. The maps shall show:

  1. The outline of existing slides, slips, slump areas, and areas subject to inundation or avalanche hazard.

2. The approximate edges of pavements of existing paved roads, driveways and the edges of existing traveled ways, within or adjacent to public rights-of-way and easements or within private common rights-of-way.

   3. Approximate existing property lines and approximate boundaries of existing easements within the project, with the names of owners of record of easements, exclusions, and the properties abutting the project.

   4. The proposed lot and street layout with a scaled dimension of lots and the minimum, maximum, and average lot area. The corner of a lot adjacent to a street intersection shall be designed with a 25 foot minimum (property line) radius. Where a part of a parcel is used for a driveway, that portion may not be less than 20 feet in width.

   5. The approximate width, location and purpose of all existing and proposed easements. Easements shall be shown for electric, telephone, cable television, sewer and water lines, and for drainage and access when applicable.

   6. Street names, widths of streets and easements, approximate grade, approximate point of grade change, and radius of curves along property line or center line of each street.

   7. Typical road sections shall be referred to as shown in the Placer County land development manual (available from the department of public works).

   8. Areas designated for public and/or common purpose.

   9. Location, approximate grade, direction of flow, and type of facility or existing drainage channels and storm drains.

   10. A vicinity map showing roads, adjoining subdivision, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to community development.

   11. The line of high and low water and floodplain on all lots abutting any lake, river, stream, reservoir, or other body of water.

   12. North arrow, scales for maps and contour interval.

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.20.150

§ 15.20.160

13. Existing and proposed use of all existing structures.

14. Names of adjacent property owners or projects.

15. Approximate toe of fills and top of cuts.

16. Approximate finish contour lines along roadways.

17. Parking areas and access solutions for individual portions of the project and for the project as a whole.

18. Any proposed project phasing lines.

19. All tax district boundary lines which exist within the boundaries of the project.

20. All trails, together with restrictions which may apply to them (e.g., "no motor vehicles," etc.).

21. All drainage facilities, including storm drains, floodways, diversions, etc.

22. If on-site sewage disposal is proposed for a project, the method and location of such disposal.

23. Calculations (if needed) for planned unit developments as to land use intensity factors, open space, land coverage, parking, etc. (Section 17.54.080, Chapter 17 (zoning ordinance) Placer County Code).

24. Other such information as may be required to comply with regional planning regulations (e.g., Tahoe Regional Planning Agency—soil types, impervious surface coverage, etc.).

The development review committee (DRC) may waive any or all map requirements mentioned in this section. Insofar as other comparison application maps qualify, such maps may be used to satisfy the above requirements of this section, subject to DRC review and approval.

(Prior code § 37.50)

A variance to any provision of this article may be granted by the development review committee (DRC). If such a variance is granted, all hearing bodies holding hearings on the agreement for which the variance was approved shall be notified of the DRC's decision at the time of the hearing on the development agreement. At that time, the hearing body may, at its own discretion, over-turn the DRC and rescind the variance if the action of the DRC is determined to have been improper or inappropriate.

(Prior code § 37.60)

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Placer County, CA