Chapter 35.86 — DEVELOPMENT AGREEMENTS

The purpose and intent of this Chapter is to establish procedures and requirements for the review and approval of Development Agreements in compliance with Government Code Section 65864, et seq.

A.

Qualification as an applicant.

1.

Only a person who has legal or equitable interest in the real property that is the subject of a proposed Development Agreement, or their authorized agent may apply to the County for the approval of a Development Agreement.

2.

The Director may require an applicant to submit proof of their interest in the real property and of the authority of an agent to act for the applicant.

3.

Before processing the application, the Director shall obtain the opinion of the County Counsel as to the sufficiency of the applicant's interest in the real property to enter into the Agreement.

B.

Application contents.

1.

Forms and information. The Director shall prescribe the form for application, notice, and documents provided for or required under this Chapter for the preparation and implementation of a Development Agreement. The Director may require an applicant to submit information and supporting data as the Director considers necessary to process the application.

2.

Proposed form of Agreement. Each application shall be accompanied by a draft Development Agreement in the form required by the County.

3.

Fee. Each application for a Development Agreement shall include the processing fee deposit established by the Board's Fee Resolution.

C.

Application filing and processing. An application for a Development Agreement shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

A.

Notice of intention. The Director shall give notice of intention to consider adoption of a Development Agreement in addition to any other notice required by this Development Code for other actions to be considered concurrently with the Development Agreement. The notice shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

B.

Public hearings.

1.

Commission and Board hearings required. The Commission shall conduct at least one public hearing on a proposed Development Agreement before making a recommendation to the Board on the Agreement, and the Board shall conduct at least one hearing before making a decision on the application.

2.

Hearing notice. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings). Failure of any person entitled to notice required by law or this Development Code does not affect the authority of the County to enter into a Development Agreement.

35.86.040 - Standards of Review, Findings and Decision

A.

Commission recommendation. After a hearing, the Commission shall make its recommendation in writing to the Board. The recommendation shall include the Commission's findings and determination, and reasons for the determination, as to whether the Development Agreement proposed:

1.

Is consistent with the objectives, policies, general land uses, and programs specified in the Comprehensive Plan and any applicable Specific Plan.

2.

Provides that any tentative map which is included in the Development Agreement will comply with Government Code Section 66473.7 regarding water supply.

3.

Contains provisions for periodic review pursuant to Government Code Section 65854.1.

4.

Complies with Government Code Section 65865.2 as may be amended from time to time which states:

a.

The Development Agreement shall specify the following:

(1)

The duration of the Agreement;

(2)

The permitted uses of the property;

(3)

The density or intensity of use;

(4)

The maximum height and size of proposed buildings; and

(5)

Provisions for reservation or dedication of land for public purposes.

b.

The Development Agreement may include the following:

(1)

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the Agreement;

(2)

That construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time; and/or

(3)

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

B.

Decision by the Board.

1.

Board's decision. After the Board completes its public hearing, it may approve, conditionally approve, or deny the Development Agreement.

2.

Referral to the Commission. The Board may, but need not, refer matters not previously considered by the 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.

3.

Required findings. The Board shall not approve the Development Agreement unless it first makes the findings identified in Subsection A. (Commission recommendation) above.

C.

Approval of Development Agreement. The Board's approval of a Development Agreement shall be by the adoption of an ordinance. The Board may enter into the Agreement after the ordinance approving the Development Agreement takes effect.

A.

Initiation of amendment or cancellation. Either party to the Agreement may propose an amendment to or cancellation of an effective Development Agreement, in whole or in part.

B.

Procedure. The procedure for proposing and adopting an amendment to, or cancellation in whole or in part of a Development Agreement shall be the same as the procedure for entering into an Agreement as provided by this Chapter, except as otherwise provided in the Development Agreement.

A.

Time for recordation. Within 10 days after the County enters into the Development Agreement, the County Clerk shall record the Agreement with the County Recorder.

B.

Notice of amendment or cancellation. If the parties to the Agreement or their successors-in-interest amend or cancel the Agreement, or if the County terminates or modifies the Agreement for failure of the applicant to comply in good faith with the terms or conditions of the Agreement, the County Clerk shall record notice of the action with the County Recorder.

A.

Review required. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to annual County review during the full term of the Agreement. Appropriate fees to cover the County's costs to conduct the periodic reviews shall be collected from the applicant.

B.

Purpose of review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the Development Agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the County.

C.

Initiation of review. The applicant shall contact the Director to initiate the required periodic review no later than 60 days before the expiration of each 12 month period after the execution of the Development Agreement.

D.

Action based on non-compliance. If, as a result of periodic review the Board finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the Agreement, the Board may after a noticed public hearing in compliance with Chapter 35.106 (Noticing and Public Hearings), modify or terminate the Agreement.

A.

Proceedings upon modification or termination. If, upon a finding made under Subsection 35.86.070.D (Action based on non-compliance) above, the County determines to proceed with modification or termination of the Agreement, the County shall give notice to the property owner of its intention to do so. The notice shall contain:

1.

The time and place of the hearing;

2.

A statement as to whether or not and in what respects the County proposes to modify or terminate the Development Agreement; and

3.

Other information that the County considers necessary to inform the property owner 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 property owner shall be given an opportunity to be heard. The decision of the Board shall be final.

CHAPTER 35.88 - SPECIFIC PLANS