Los Angeles County — Development Agreements

Required Agreement Terms

Every Board-approved Development Agreement must identify six core subjects: its duration and, when appropriate, a termination date; permitted uses; allowed density or intensity; minimum building height, size, and location; any public-purpose land reservation or dedication; and the periodic-review schedule. § 22.162.050(A)

These terms are project-specific. Chapter 22.162 does not establish countywide numeric height limits, setbacks, floor-area ratios, parking ratios, or a list of permitted uses. Those baseline subjects remain governed by the applicable land use and development standards for the unincorporated-area property.

Optional Project Conditions

A Development Agreement may impose additional conditions for later discretionary actions, so long as they do not prevent development of the lot for the uses and density or intensity stated in the agreement. § 22.162.050(C)

Potential conditions include:

• Construction start or completion schedules, including phased development. § 22.162.050(C)(1)
• Public improvements such as rights-of-way, drainage, flood-control facilities, parks, recreation facilities, sewers, and sewage-treatment facilities. § 22.162.050(C)(2)
• Prohibition of uses that would otherwise be permitted, accessory, or discretionary in the applicable zone. § 22.162.050(C)(3)
• Limits on later development or specified conditions for later development not included in the agreement. § 22.162.050(C)(4)
• A faithful-performance bond—or qualifying deposited and assigned certificates or shares—in an amount the County considers sufficient. § 22.162.050(C)(5)
• Exterior design criteria, including sign design; related design review and signage requirements may still apply. § 22.162.050(C)(6)
• Special yards, open space, buffers, fences, walls, landscaping, and parking facilities, including vehicle and pedestrian access. § 22.162.050(C)(7)
• Controls for noise, vibration, smoke, dust, odors, glare, and similar nuisance effects. § 22.162.050(C)(8)
• Operating-hour and operational restrictions intended to protect surrounding neighborhood functions. § 22.162.050(C)(9)

Findings Required for Approval

Before recommending approval, the Commission must find that the proposed Development Agreement is consistent with the General Plan and any applicable Community, Area, or Specific Plan; complies with zoning, subdivision, and other applicable regulations; and serves public safety, welfare, and convenience so that entering the agreement is in the public interest. § 22.162.040(A)(2)(a)–(c)

The Commission must also find that the agreement will not adversely affect nearby persons’ health, peace, comfort, or welfare; materially harm nearby property use, enjoyment, or value; or jeopardize public health, safety, or general welfare. § 22.162.040(A)(2)(d)

Where a proposal also needs a Los Angeles County Specific Plan approval, zone change, permit, variance, tentative tract, or minor land division, public hearings may be coordinated when feasible. A requested modification of development standards may likewise be considered concurrently when the applicable ordinances allow that modification. § 22.162.040(B)

Effect of Later Regulations

Unless the agreement says otherwise, the General Plan, zoning, subdivision, and other ordinances, rules, regulations, official policies, and design, improvement, construction, and specification standards applicable on the date the Board executes the agreement govern the property. § 22.162.060

That baseline does not stop later nonconflicting rules from applying to later applications, and it does not require the County to approve future development applications. The County may approve, conditionally approve, or deny later applications under existing or later-adopted rules. § 22.162.060(A)–(B)

Coastal-Zone Development Agreements

For property in the County’s unincorporated coastal zone, a Development Agreement cannot be approved unless the required Local Coastal Program has already been certified, or—if it has not been certified—the California Coastal Commission formally approves the agreement. § 22.162.020(B)

A Board-approved coastal-zone agreement does not become effective until it is certified as an amendment to the Local Coastal Program when it would supersede or replace Local Coastal Program provisions for an area, or when its provisions are not congruent with the Local Coastal Program. § 22.44.1160(A)–(B)

The agreement must also state that the Local Coastal Program controls matters the agreement does not address. § 22.44.1160(C) This is especially important where the agreement addresses permitted uses, density or intensity, building height or size, or public-purpose land dedication differently from the Local Coastal Program. § 22.44.1160(B)

District-by-District Applicability

All Unincorporated-Area Zoning Districts

Chapter 22.162 does not create separate Development Agreement standards for any named zoning district, overlay, community standards district, hillside area, or equestrian district. Instead, an agreement must comply with the zoning, subdivision, and other rules applicable to the particular unincorporated-area parcel. § 22.162.050(B)

The source materials do not establish district-specific permitted uses, lot dimensions, setbacks, height limits, lot coverage, or FAR for Development Agreements. Check the property’s underlying zoning and applicable overlay districts, and verify with the jurisdiction.

Compliance, Violations, and Board Action

If the Director’s findings indicate a Development Agreement violation, the Commission must hold a public hearing using the same initiation-and-consideration procedures that apply to a Development Agreement. § 22.162.130(A)(1)

If the Commission finds a violation by the applicant or successor in interest, it notifies the Board and recommends appropriate action. The Board may implement the recommendation, return the matter to the Commission, or hold its own hearing when termination or modification is recommended. § 22.162.130(A)(2)–(B)

Information Gaps

The source materials do not establish:

• The contents of the Development Agreement Checklist or application fees.
• Notice, hearing, appeal, execution, recording, amendment, cancellation, or periodic-review procedures beyond the cited provisions.
• Numeric district standards, including setbacks, height, lot coverage, FAR, parking ratios, or landscaping quantities.
• Whether a Development Agreement changes requirements for ADUs, California housing laws, or the California Building Standards Code.
• Parcel-specific applicability in incorporated cities within Los Angeles County; those cities have their own land-use codes.

Checklist

• Confirm that the property is in an unincorporated area of Los Angeles County and that the applicant has a legal or equitable interest. § 22.162.020(A)
• Submit all materials required by the Development Agreement Checklist. § 22.162.030(A)
• Prepare for Type IV Review—Discretionary processing. § 22.162.030(B)
• Define the agreement’s duration, permitted uses, density or intensity, building height/size/location, public-purpose land obligations, and periodic-review schedule. § 22.162.050(A)
• Demonstrate consistency with the General Plan and any applicable Community, Area, or Specific Plan. § 22.162.040(A)(2)(a)
• Demonstrate compliance with zoning, subdivision, and other applicable regulations. § 22.162.040(A)(2)(b)
• Address public-interest and neighborhood-impact findings. § 22.162.040(A)(2)(c)–(d)
• If proposing special conditions, confirm they do not prevent the agreed uses or density/intensity. § 22.162.050(C)
• If the property is in the coastal zone, confirm Local Coastal Program certification or California Coastal Commission approval and any required Local Coastal Program amendment certification. § 22.162.020(B); § 22.44.1160

Risks & Ambiguities

Plain-English Summary

In unincorporated Los Angeles County, a Development Agreement is a Board-approved, project-specific contract that can set your project’s uses, development intensity, building envelope, timing, public improvements, and review schedule. It still must satisfy applicable County rules, and it does not promise that every future permit will be approved. §§ 22.162.050–.060

Source References

• Los Angeles County Zoning Code, § 22.162.010 (purpose).
• Los Angeles County Zoning Code, § 22.162.020 (applicability and coastal-program condition).
• Los Angeles County Zoning Code, § 22.162.030 (application and Type IV review).
• Los Angeles County Zoning Code, § 22.162.040 (findings, decision, and coordinated approvals).
• Los Angeles County Zoning Code, § 22.162.050 (required and optional agreement conditions).
• Los Angeles County Zoning Code, § 22.162.060 (applicable ordinances, regulations, and later applications).
• Los Angeles County Zoning Code, § 22.162.130 (violation review and Board action).
• Los Angeles County Zoning Code, § 22.44.1160 (coastal-zone Development Agreements).