Tehama Municipal Code Ch. 13.32 Development Agreements

The intent and purpose of this chapter is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development by establishing uniform procedures for the preparation, review, and adoption of development agreements under the authority of Sections 65864 through 65869.5 of the Government Code of the state.

(Ord. 1222 §1, 1983)

The procedures and requirements set forth in this chapter shall apply to all development agreements proposed by an applicant and entered into by the county.

(Ord. 1222 §2, 1983)

Any person having a legal or equitable interest in real property may propose that the county enter into a development agreement with respect to said property and may make application, in person or by authorized agent, for consideration of a proposed agreement pursuant to the procedures and requirements contained in this chapter.

(Ord. 1222 §3, 1983)

A. The planning director shall prescribe the form for each application, notice or other document provided for or required under this chapter.

B. The planning director may require an applicant to submit such information and other supporting data as the director considers necessary for the processing of the application under this chapter. Each application shall be accompanied by the proposed development agreement or a substantial summary thereof.

C. The board of supervisors shall, by resolution, fix the schedule of fees and charges imposed for the filing and processing of each application and document provided for or required under this chapter.

(Ord. 1222 §4, 1983)

A. The planning director or his designee shall endorse on the application the date it is received.

B. He shall review the application and may reject it if incomplete or otherwise insufficient for processing.

C. If he finds the application substantially complete, he shall accept it for filing.

D. The director shall review the application and notify the applicant of any additional requirements.

E. After all required information is received, a staff report and recommendation shall be prepared, stating whether or not the agreement, as proposed or in an amended form, would be consistent with the county general plan and any applicable specific plan.

(Ord. 1222 §5, 1983)

A. A public hearing on an application for a development agreement shall be held by the planning commission and by the board of supervisors. Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65854, 65854.5, and 65856 of the Government Code, in addition to such other notice as may be required by law for any other actions to be considered concurrently with the development agreement. The failure of any person entitled to notice to receive such notice does not affect the authority of the county to enter into a development agreement.

B. The public hearing shall be conducted as nearly as possible in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(Ord. 1222 §6, 1983)

After holding a public hearing as provided in Section 13.32.060, the planning commission shall make its recommendation and reasons therefor in writing to the board of supervisors. The recommendation shall include the planning commission's determination whether or not the proposed development agreement:

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

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

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

D. Will be detrimental to the health, safety and general welfare;

E. Will adversely affect the orderly development of property or the preservation of property values.

(Ord. 1222 §7, 1983)

A. After receipt of the planning commission's recommendation, the board of supervisors shall hold a public hearing, after which 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 planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the board of supervisors.

B. The board of supervisors may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

C. If the board of supervisors approves the development agreement, it shall do so by the adoption of an ordinance. The agreement shall then be executed on behalf of the county and shall take effect on the effective date of the ordinance.

(Ord. 1222 §8, 1983)

A. Any party to a development agreement may propose an amendment to or cancellation of the agreement, in whole or in part, by consent of all parties to the agreement.

B. The procedure for proposing and adopting an amendment to or cancellation of a development agreement is the same as the procedure for entering into an agreement.

(Ord. 1222 §9, 1983)

A. The county shall review a development agreement every twelve months from the effective date of the agreement.

B. The planning director or his designee shall give notice to all parties to the development agreement that the county intends to undertake such review, and shall require all such parties to provide such information as may be required to demonstrate good faith compliance with the terms of the development agreement.

C. If the planning director finds substantial evidence that any party to the development agreement has not complied in good faith with the terms and conditions of the development agreement, the planning director shall request that the planning commission conduct a public hearing at which such party must demonstrate in good faith compliance with the terms of the agreement. The planning commission shall determine upon the basis of substantial evidence whether or not such party has, during the period under review, complied in good faith with the terms and conditions of the development agreement.

D. If the planning director after his review or the planning commission after a hearing determines that all parties have complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the planning director after his review and the planning commission after a hearing determine on the basis of substantial evidence that any party has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission shall forward its recommendation to the board of supervisors and the board of supervisors may modify or terminate the agreement in the manner provided hereinafter in this chapter.

E. If the board of supervisors determines to proceed with modification or termination of the agreement, the board of supervisors shall hold a public hearing and give all parties to the agreement thirty days' notice of its intention so to do. The notice shall state:

1. The time and place of the hearing;

2. In what particulars the county proposes to terminate or to modify the development agreement; and

3. The grounds for the proposed termination or modification.

F. At the time and place set for the hearing on modification or termination, all interested parties shall be given an opportunity to be heard. The board of supervisors may refer the matter to the planning commission for further proceedings or for further report and recommendation. The board of supervisors may impose such conditions on any action it takes as it considers necessary to protect the interests of the county. The decision of the board shall be final.

(Ord. 1222 §10, 1983)

A. Within ten days after the county enters into a development agreement, the clerk of the board of supervisors shall have the agreement recorded with the county recorder.

B. If a development agreement is amended or cancelled by mutual consent as provided herein, or if the board of supervisors terminates or modifies the agreement as provided herein, the clerk of the board of supervisors shall have such amendment, cancellation, termination, modification or notice thereof, recorded with the county recorder.

(Ord. 1222 §11, 1983)

A. No action, inaction or recommendation regarding a 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 all the evidence, the court is of the opinion that the error complained of was prejudicial and that by the 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.

B. There is no presumption that error is prejudicial or that injury resulted if error is shown.

(Ord. 1222 §12, 1983)

The contents and effect of development agreements adopted pursuant to this chapter shall be as prescribed and authorized in Government Code Sections 65865.2, 65865.4, 65866 and 65869.5.

(Ord. 1222 §13, 1983)