Article 1 — Applications

(a) The purpose of this chapter is to establish the procedures and requirements mandated by Article 2.5 of Chapter 4 of the Government Code for the consideration of development agreements.

(b) Notwithstanding anything herein to the contrary, the Planning Commission shall not consider the adoption of, nor shall the Board of Supervisors approve, any development agreement if the project to which the development agreement pertains is located within a sphere of influence established or under consideration by the Local Agency Formation Commission at the time the development agreement is to be considered by the Planning Commission pursuant to Section 8-5.201 et seq.

(c) The County takes notice that the Legislature, in passing the State Development Agreement Law, found and declared that:

(1) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

(2) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

(3) The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.

(Ord. 1445, eff. August 14, 2014)

(a) The Planning Director shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation, review and implementation of development agreements.

(b) The Planning Director may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application.

(Ord. 1445, eff. August 14, 2014)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director shall require an applicant to submit proof of this interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the State evidencing the requisite interest of the applicant in

the real property. Before processing the application, the Planning Director may obtain the opinion of County Counsel as to the sufficiency of the applicant’s interest in the real property to enter into the development agreement. (Ord. 1445, eff. August 14, 2014)

(a) Development proposals which are eligible for consideration for such an agreement shall be limited to projects in which the developer makes a significant contribution to infrastructure, open space, affordable housing, or other public improvements and amenities of benefit to the County that would not otherwise be obtained through other applicable development approval processes.

(b) An application for a development agreement shall be considered only under the following circumstances:

(1) The application is submitted in conjunction with an application for rezoning, a specific plan, subdivision map, a Use Permit, or other discretionary land use entitlement authorizing the development which is the subject of the proposed development agreement; or

(2) The application pertains to an area governed by a specific plan previously adopted by the County. (Ord. 1445, eff. August 14, 2014)

(a) The application for a development agreement shall be submitted together with the applications needed for other required entitlements of the project. The application must be filed in time for the request to be considered in the environmental analysis of the project. In no event shall the application be filed later than the release of the final environmental document in order to allow staff time to analyze the merits of entering into such an agreement, prior to preparation of the staff report and staff recommendation.

(b) An application for a development agreement may be submitted on any eligible project that has not received a final approval as of the date the ordinance codified in this chapter becomes effective provided that such application for such project has been deemed complete by the Planning Director prior to such date.

(c) Each application shall be accompanied by the form of development agreement proposed by the applicant, if the Community Development Director has approved a standard form of development agreement, this requirement shall be met by utilizing such standard form and including specific proposals for changes in or additions to the language or the standard form.

(Ord. 1445, eff. August 14, 2014)

The Planning Director shall endorse on the application the date of receipt, shall review the application, and may reject it if incomplete or inaccurate. If the application is complete, the Planning Director shall accept it for filing. The Planning Director shall determine any additional requirements necessary to complete the development agreement on the basis of the application as filed. After receiving all required information, the Planning Director shall prepare a report and recommendation as to whether or not the development agreement as proposed, or in amended form, is consistent with the general plan, any applicable specific plan, and the provisions of these regulations. (Ord. 1445, eff. August 14, 2014)