Chapter 13.36
DEVELOPMENT AGREEMENTS

Sections:

13.36.010    Findings, purposes and authority for adoption.

13.36.020    Applications and processing.

13.36.030    Forms and information.

13.36.040    Fees.

13.36.050    Qualification as an applicant.

13.36.060    Review of application.

13.36.070    Notice of hearing.

13.36.080    Recommendation by Planning Commission.

13.36.090    Decisions by Board of Supervisors.

13.36.100    Approval of development agreement.

13.36.110    Amendment or cancellation of development agreement.

13.36.120    Recordation.

13.36.130    Periodic review.

13.36.140    Modification, termination, or suspension.

13.36.010 Findings, purposes and authority for adoption.

These procedures and requirements for consideration of development agreements are adopted under the authority of Title 7, Division 1, Chapter 4, Article 2.5 of the California Government Code (commencing at Section 65864). The findings and purposes of the California Legislature as set forth at California Government Code Section 65865 are the findings and purposes of this chapter. [Ord. 3998 § 2, 1989].

13.36.020 Applications and processing.

Applications and processing for development agreements shall be governed by these sections and Chapter 18.10 SCCC. [Ord. 3998 § 2, 1989].

13.36.030 Forms and information.

(A)    The Planning Director shall prescribe the form for each application, notice and document required for the preparation 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 or convenient to process the application. [Ord. 3998 § 2, 1989].

13.36.040 Fees.

The Board of Supervisors shall by resolution establish as part of the unified fee schedule the fees to be imposed for the filing, processing, and periodic review of each application and/or document provided for or required under these regulations. [Ord. 3998 § 2, 1989].

13.36.050 Qualification as an applicant.

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. An applicant shall submit written proof of interest in the real property and of the authority of any agent to act for the applicant. [Ord. 3998 § 2, 1989].

13.36.060 Review of application.

Upon receipt of a complete application, the Planning Director shall prepare a staff report and recommendation regarding the contents of the development agreement and whether the development agreement proposed or in an amended form would be consistent with the General Plan, Local Coastal Plan, and any applicable specific plan. The Planning Director shall also process the development agreement for environmental review in compliance with CEQA. [Ord. 3998 § 2, 1989].

13.36.070 Notice of hearing.

A public hearing on an application for a development agreement shall be held by the Planning Commission and the Board of Supervisors. Notice of intention to consider a development agreement is governed by Chapter 18.10 SCCC and California Government Code Sections 65090 and 65091. [Ord. 3998 § 2, 1989].

13.36.080 Recommendation by Planning Commission.

After duly noticed public hearing, the Planning Commission shall make its recommendation in writing to the Board of Supervisors. The recommendation shall include the Planning Commission’s determination whether the development agreement proposed: (A) is consistent with the objectives, policies, general land uses and programs specified in the General Plan, Local Coastal 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 planning; (D) will not be detrimental to the health, safety and general welfare; and (E) is in the best interests of the County of Santa Cruz and its residents. [Ord. 3998 § 2, 1989].

13.36.090 Decisions by Board of Supervisors.

(A)    After duly noticed public hearing, the Board of Supervisors may approve, 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: (1) consistent with the General Plan, Local Coastal Plan, and any applicable specific plan; (2) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) is in conformity with good land use planning; (4) will not be detrimental to the health, safety and general welfare; and (5) is in the best interest of the County of Santa Cruz and its residents.

(C)    The contents and effect of the development agreement shall be as specified at California Government Code Sections 65865.2, 65865.4 and 65866. [Ord. 3998 § 2, 1989].

13.36.100 Approval of development agreement.

If the Board of Supervisors approves a development agreement, it shall do so by the adoption of an ordinance. Such approval is a legislative act and such ordinance is subject to referendum. After the ordinance approving the development agreement takes effect, the County may enter into the development agreement, by signature of the Chairperson of the Board of Supervisors to said development agreement. [Ord. 3998 § 2, 1989].

13.36.110 Amendment or cancellation of development agreement.

(A)    Either party (or successors in interest thereof) may initiate an amendment to or cancellation in whole or in part of a previously executed development agreement.

(B)    The procedure for initiating and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance.

(C)    A development agreement, after notice and public hearing, may be amended or canceled in whole or in part by mutual consent of the parties to the development agreement or their successors in interest.

(D)    Amendment of a development agreement is a legislative act and must be approved by ordinance, which ordinance is subject to referendum. [Ord. 3998 § 2, 1989].

13.36.120 Recordation.

(A)    The applicant shall present to the Planning Director the written consent to the development agreement of all parties having any record title interest in the real property which is the subject of the development agreement prior to approval of the agreement by the Board of Supervisors.

(B)    No later than 10 days after the County enters into the development agreement, the Clerk of the Board shall record with the County Recorder a copy of the development agreement which shall describe the land subject thereto.

(C)    If the parties to the agreement (or their successors in interest) amend or cancel the agreement as provided in California Government Code Section 65868, or if the County terminates, suspends, or modifies the agreement as provided in Government Code Section 65865.1 or 65868, the Clerk of the Board shall record such action with the County Recorder. [Ord. 3998 § 2, 1989].

13.36.130 Periodic review.

(A)    The County shall review the development agreement every 12 months from the date the agreement is entered into.

(B)    The Planning Director shall initiate the review proceeding by giving notice as provided at SCCC 13.36.070 that the County intends to undertake a periodic review of the development agreement and preparing a staff report and recommendation.

(C)    The annual review shall be conducted as a public hearing before the Board of Supervisors only.

(D)    The Board of Supervisors shall determine whether the property owner has demonstrated good faith compliance with the terms and conditions of the development agreement.

(E)    If the Board of Supervisors finds and determines on the basis of substantial evidence that the property owner has complied in good faith with all terms and conditions of the agreement during the period under review, the review for that period is concluded.

(F)    If the Board of Supervisors finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with any one or more of the terms or conditions of the development agreement during the period under review, the County may initiate proceedings to modify or terminate the agreement or undertake other enforcement action as deemed appropriate.

(G)    Such periodic review will end when all the terms and conditions have been completed as found and determined by the Board of Supervisors after public hearing. [Ord. 3998 § 2, 1989].

13.36.140 Modification, termination, or suspension.

(A)    A development agreement or portions thereof may be modified, terminated, or suspended upon a finding under SCCC 13.36.130(F) or in the event that State or Federal laws enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement. Such provisions of the agreement shall be modified, terminated, or suspended as may be deemed necessary by the Board of Supervisors to enforce good faith compliance by the property owner to comply with such subsequently enacted State or Federal laws or regulations. The Board of Supervisors may then determine to proceed with modification, termination, or suspension of the agreement or portion thereof in which event the Board of Supervisors shall give notice of its intention to do so and of the public hearing thereon all as set forth at SCCC 13.36.070.

(B)    At the time and place set for the public hearing on modification, suspension, or termination of the development agreement, the property owner and the public shall be given an opportunity to be heard. The finding of noncompliance under SCCC 13.36.130(F) shall be deemed final and not subject to reconsideration at this hearing. The issue at this hearing is whether termination, suspension, or modification is warranted, and if so in what respects. The Board of Supervisors may impose those conditions to the action it takes as it deems to be in the best interest of the County. [Ord. 3998 § 2, 1989].