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Home My WebLink AboutMINUTES - 07161985 - 2.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on ' July 16 19$5 by the following vote: AYES: Supervisor Powers , Torlakson and Fanden NOES: None ABSENT: Supervisors Schroder and McPeak ABSTAIN: None SUBJECT: Procedures and Requirements ) for the Consideration of } RESOLUTION NO. 85/ 4_12 Development Agreements ) (Gov .C. SS65864-65869.5) ------------------------------- } The Board of Supervisors RESOLVES THAT: Government Code Sections 65864-65869. 5 authorize the County to enter into development agreements with persons having legal or equitable interests in real property for the development of such property and toyestablish procedures for consideration of applica- tions for such agreements . It is in the public interest to adopt a set of procedures and requirements for such applications , and the public health , safety and welfare will be promoted thereby . This Board hereby FINDS , DETERMINES , and ORDERS, as follows ; I . This Board adopts the following procedures and require- ments for the consideration of development agreements A. Application, 1 . Consideration of a development agreement pursuant to Article 2.5 , Chapter 4, Title 7 of the California Government Code , commencing with- section 65864 , shall be initiated by an applicant (who shall be joined therein by the owner if the applicant is not the fee 'owner ) filing an application with the Contra Costa County ComTnunit-y Devel:opment Department (Department ). The .applica;tion shall include : a . A proposed agreement which shall contain the following: (4 ) A legal description of the property sought to be covered by the agreement . (':2) A description of the proposed uses , height and size of buildings , density or intensity of use , and provision for reservation or ''dedication of land for public purposes . (3) All proposed conditions , terms , restrictions , requirements for subsequent County discretionary actions . (4) The proposed time when construction would be commenced and completed , both as to the entire project and as to all phases thereof . (5) The termination date for the agreement . b . Sufficient information to enable the Department to perform an initial study pursuant to State CEQA Guidelines Section 15063 (14 Cal .Admin.C. 515063) . c . Sufficient information to establish that the project is consistent with the County General Plan and all applicable spe- cific pe-cifis plans . RESOLUTION_NO._85 /_ 412 M 16 d . Such other information as the County may require by policy or to satisfy other requirements of law. 3 . Payment of all required fees . B. Recommendation and Transmittal . The Department shall , at Applicant ' s expense and in accordance with County procedures for implementation of CEQA, accomplish appropriate environmental investigations and, upon completion of such investigati�b ns , transmit the application , together with the Department ' s rec;ornnendations thereon , to the hearing body provided for herein . C. Hearin Bodv'. If the applil,cation is submitted and processed together with the developmentprojeet the application shall be considered by the division of 'A he planning agency considering the development project . If the, application is processed separately , it shall be considered by the Zoning Administrator as the hearing body . The Board hereby prescribes this duty on the zoning admin- istrator in accordance with Co.Ord .C. &26-2 . 1244(4) . D. Hearing_Body_Action. 1 . Upon receipt of an application , the results of the environmental investigation , and the recommendations of the Department , therhearing body shall schedule a public hearing . Notice of intention to consider the application shall be given as provided,: in GovC. S§65494 and 65491 . In addition , if the appli- cation is beingprocessed together with the development project , notice of such intention shall be given as required for con- sideration of the development project . 2 . After the public hearing is closed , the hearing body shall recommend either approval , modification, or disapproval of the proposed' development agreement . The hearing body shall transmit its recommendation to the Board of Supervisors promptly. E. Boar`d_of_Supervisors ' Action_ 1 . Upon receipt of the application , the results of the environmental investigation, and the recommendations of the Department and :the Hearing Body , the Board of Supervisors shall schedule a public hearing on the application . Notice of intention to consider th4 application shall be given in the same manner as set forth in Paragraph D. , above . 2. If the application is being processed together with the development prdject , the public hearing on the application may be held concurrently with the hearing on the project . 3 . "After t`.he public hearing is closed , the Board of Supervisors shall approve , modify, or disapprove the proposed development agreement . An agreement shall not be approved unless- the Board of Supervisors finds that the provisions of the agreement , as submitted or as modified, are consistent with the general plan and any applicable specific plan. Any approval of a proposed agreement shall be made by ordinance , which shall authorize the Director of Community Development ("Director" ) to sign the agreement on behalf of the County. -2- RESOLUTION NO. 85/412 1. 4 . No agreement shall be signed by the Director until it has been duly signed�J� by the ,applicant . If the applicant has not signed and returned the approved agreement to the Director for signing within thirty (30) days of Board approval , said applica- tion shall be deemed withdrawn by applicant . 5 . Within ten (10) days after the Director signs a develop- ment agreement and the ordinance becomes effective , he shall cause a copy thereof to be recorded . 6 . All agreement provisions are subject to modification or suspension as se;t forth in Article 2.5 , Chapter 4, Title 7 of the Government Code ,,` commencing with Section 65864 . F. Annual Review, y� 1 . All deveiiopment agreements shall be reviewed by the Zoning Administrator aVA east once every twelve ( 12) months , unless the agreement provides for more frequent review, in which case the agreement shall ,'prevail . 2 . The purpose of the review shall be to inquire into the good faith compliianee of the applicant with the terms of the agreement and folr any other purpose which may be specified in said agreement . F, 3 . Prior to; each review, the Department shall file a report with the Zoning ;°Administrator relative to all development which has occurred under the agreement subsequent to the last past review and any d1ther matters which the Department wishes to bring to the Zoning Administrator ' s attention. 4 . if the Department report recommends modification or ter- mination of theilagreement , or if the Zoning Administrator proposes to make such a recomendation to the Board of Supervisors , he shall schedule , a pubiil� m c hearing on the agreement . Notice of intention to modify or teryminate the agreement shall be given in the same manner as set forth in Paragraph D. , above . At such hearing the applicant shall1have the burden of demonstrating his good faith compliance with `the terms and conditions of the agreement . 5 . If , after the public hearing is closed , the Zoning Admin- istrator determines that the agreement should be terminated or modified , the matter shall be referred to the Board of Supervisors for proceedings '°Ifor termination or modification. 6 . Upon receipt of the Zoning Administrator ' s recommendation , the Board of Supervisors shall schedule a public hearing . Notice of intention to,podify or terminate the agreement shall be given in the same manner as set forth in Paragraph D. , above . 7. If, after the public hearing is closed , the Board of Supervisors finds and determines , on the basis of substantial evi- dence , that the applicant or its successor in interest has not complied" in good faith with the terms and conditions of the agreement , the Board of Supervisors may modify or terminate the agreement . Anyja�modification or termination is subject to the pro- visions of Paragraph G. , below. G. Amendment and Cancellation. Any development agreement may be amended , or canceled in whole or in part , by mutual consent of the applicant (or its successor -3- RESOLUTION NO. 85/_4.12 3-RESOLUTIONNO_ 85/_412 n; - r 'i in interest ) arta the County (or successor city) , or it may be modified or terminated pursuant to the provisions of Paragraph F. , above . Noticeilof intention to take any such action shall be given in the manner p',jrovided by Paragraph D. 1. , above; provided , however , that the parties may set forth an alternative procedure in the agreemenk for processing insubstantial amendments . Any significant amendment shall be subject to the provisions of Government Code;4l §65867 .5 . H . The Director of Community Development shall prepare and adopt such appllllication forms , checklists , and other documents as he considers necessary and desirable to implement these procedures and requirements . I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: .�_..� PHIL BA CHEL dR, Clerk of the Board of Supervisors and County Administrator o cc: County Administrator By ,Deputy County Counsel Director ofICon-munity Development -4- RESOLUTION 4-RESOLUPION NO. 85/ 412