Chapter 11.66 — DEVELOPMENT AGREEMENTS

A development agreement is a contract between the County and an applicant for a development project, in compliance with Government Code Section 65864 et seq. The purpose of a development agreement is to:

(1)

Facilitate development projects for which there is significant applicant contribution toward infrastructure, public facilities, open space or other amenities, or other programs of benefit to the County and its residents.

(2)

Assure the applicant that upon approval of the subject project, the project may proceed in accordance with existing County policies, rules and regulations in place at the time of development agreement approval.

(3)

Encourage private participation in comprehensive planning and provision of public facilities, including, but not limited to, streets, sewerage, transportation, potable water, schools and utilities.

(4)

Provide a net benefit to the County and its residents not otherwise obtainable through other processes.

(Ord. No. 1624)

The County may enter into a development agreement with any person who has controlling, legal, or equitable interest in real property for the development of the property.

(Ord. No. 1624)

(a)

Pre-application review. Prior to submitting an application for a development agreement, the applicant shall schedule a pre-application review conference with the CDSA Director to discuss the general terms of the agreement.

(b)

Application. A qualified applicant shall submit an application for a development agreement on a form prescribed by the CDSA Director accompanied by the required fee in accordance with the procedures in Chapter 11.53, Common Procedures. The CDSA Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(c)

Concurrent processing. An application for a development agreement may be processed concurrently with other applications, at the discretion of the Planning Director.

(Ord. No. 1624)

(a)

Mandatory contents. All development agreements shall specify all of the following:

(1)

The specified duration of the development agreement.

(2)

The permitted uses of the subject property.

(3)

The permitted density or intensity of development of the subject project.

(4)

The maximum permitted height and size of proposed structures.

(5)

Provisions for the dedication or preservation of land for public purposes, if applicable.

(6)

A specific sunset date for the development agreement.

(b)

Optional contents. Development agreements may, upon mutual agreement of the County and the applicant, specify any of the following:

(1)

The conditions, terms, restrictions, and requirements for subsequent discretionary actions.

(2)

Requirements that construction be commenced within a specified time and that the project or any phase of the project be completed within a specified time.

(3)

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

(Ord. No. 1624)

(a)

Staff report. The CDSA Director shall prepare a report and recommendation to the Planning Commission on any application for development agreement. The report shall include, but is not limited to, a discussion of how the proposed development agreement meets the criteria in Section 11.66.080, Required Findings for Approval, of this Chapter, and an environmental document prepared in compliance with the California Environmental Quality Act.

(b)

Scheduling. The Planning Department shall schedule the application for hearing by the Planning Commission.

(c)

Public notice. At least ten days before the date of the public hearing, the Planning Department shall provide notice consistent with Chapter 11.53, Common Procedures.

(Ord. No. 1624)

(a)

Planning commission hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 11.53, Common Procedures.

(b)

Recommendation to board. Following the public hearing, the Planning Commission shall make a recommendation on the proposed development agreement to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, findings related to the criteria in Section 11.66.080, Required Findings for Approval, and the relationship of the proposed development agreement to applicable general and specific plans, and shall be transmitted to the Board of Supervisors in the form of a Board memo, prepared by planning staff, with a copy of the minutes or minute order from the Planning Commission meeting.

(Ord. No. 1624)

(a)

If the Planning Commission has recommended against the adoption of such development agreement, the Board of Supervisors is not required to take any further action unless an interested party files a written request for a hearing with the Planning Department within ten days after the Planning Commission action.

(b)

When a development agreement is forwarded to the Board of Supervisors for action, the Board of Supervisors shall hold a duly-noticed public hearing pursuant to Section 11.53.050, Notice of Public Hearings. In addition, the notice shall include a summary of the Planning Commission recommendation.

(c)

After the conclusion of the hearing, the Board of Supervisors may approve, modify or deny the proposed development agreement. If the Board proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification shall first be referred back to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 40 days after the referral shall be deemed a recommendation to approve and the development agreement shall be returned to Board for adoption.

(1)

The action by the Board of Supervisors shall be by a majority vote of the entire Board and shall be final and conclusive.

(2)

The Board of Supervisors may attach conditions to the approval of a development agreement as needed to ensure compliance with all applicable standards and regulations in the Development Code.

(Ord. No. 1624)

11.66.080. - Required findings for approval.

The Board of Supervisors may approve an application for a development agreement only if all of the following findings can be made:

(1)

The development agreement will provide clear and substantial benefits to the County and its residents.

(2)

The development agreement complies with applicable policies and regulations set forth in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan, and the Improvement Standards.

(3)

The development agreement complies with the requirements of California Government Code Sections 65864 et seq.

(4)

The development agreement will promote the public health, safety and welfare, and will not be detrimental to or cause adverse effects to the residents, property, or improvements in the vicinity of the subject project.

(5)

The development agreement will be compatible with the uses allowed in, and the regulations that apply to, the zone in which the subject property is located.

(6)

The development agreement will not cause adverse effects to the orderly development of property or the preservation of property values in the County.

(7)

The development agreement will further important countywide goals and policies that have been officially recognized by the Board of Supervisors.

(8)

The development agreement will provide the County with important, tangible benefits beyond those that may be required by the County through project conditions of approval.

(Ord. No. 1624)

(a)

Result of review. If, as a result of review under Section 11.66.110, Periodic Review, the County determines that the applicant (or successor in interest) has not complied in good faith with the terms and conditions of the development agreement, the County may modify or terminate the development agreement.

(b)

Notice. If the County determines to proceed with modification or termination of the development agreement, the County shall give notice to the applicant (or successor in interest) of its intention to modify or terminate the agreement. The notice shall contain all of the following:

(1)

The time and place of the hearing, which shall be conducted by the Board of Supervisors as provided in Subsection (c) (Hearing).

(2)

A statement of whether the County proposes to modify or terminate the development agreement.

(3)

Any other information the County considers necessary to inform the applicant (or successor in interest) of the nature of the proceedings.

(c)

Hearing. The Board of Supervisors shall conduct a hearing on the modification or termination of the development agreement consistent with the following provisions:

(1)

The applicant (or successor in interest) shall be given an opportunity to be heard at the hearing.

(2)

At the hearing, the Board of Supervisors may affirm, modify or reject the determination of County staff to modify or terminate the development agreement.

(3)

The Board of Supervisors may refer the matter back to County staff for further proceedings or for report and recommendation.

(4)

The Board of Supervisors may impose conditions to the action it takes that it considers reasonable and necessary to protect the interests of the County.

(5)

The decision of the Board of Supervisors on the modification or termination shall be final.

(Ord. No. 1624)

(a)

The effective date of the development agreement shall be the effective date of the ordinance approving the development agreement.

(b)

The development agreement shall be recorded in the County Recorder's Office no later than ten days after it is approved.

(c)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.

(d)

A development agreement does not prevent the County in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 1624)

(a)

The County shall perform a periodic review of the development agreement at least every 12 months, or at any other time that the County considers to be appropriate, at which time the applicant (or successor in interest)

shall demonstrate good faith compliance with the terms and conditions of the development agreement. The review shall be limited in scope to compliance with the terms and conditions of the development agreement.

(b)

The costs of notice and related costs incurred by the County for review shall be borne by the applicant (or successor in interest).

(c)

Failure of the County to conduct a periodic review shall not constitute a waiver by the County of its rights to enforce the provisions of the development agreement. The developer shall not assert any defense to the enforcement of the development agreement by reason of the failure of the County to conduct a periodic review.

(Ord. No. 1624)