§ 1500-25-100. Development Agreement

A. Purpose. A Development Agreement is a contract between the County and a property owner that vests the property owners' rights to develop the property and sets forth the general obligations of the property owner and County related to the construction and financing of infrastructure for the project. Sutter County is authorized to enter into Development Agreements pursuant to Sections 65864 through 65869.5 of the California Government Code.

B. Applicability. The procedures in this chapter shall apply to adoption and amendment of all proposed Development Agreements. The County may enter into or amend a Development Agreement with any person having controlling, legal, or equitable interest in real property for the development of the property,

C. Approving Authority. The Planning Commission shall recommend, and the Board of Supervisors shall approve, conditionally approve, or deny an application for a Development Agreement or Development Agreement Amendment consistent with the requirements of Table 1500-23-1. When a Development Agreement or Development Agreement Amendment is submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time as that application. Entitlements approved in conjunction with a Development Agreement or Development Agreement Amendment that cannot be approved without the agreement or amendment shall not be effective until the agreement or amendment is effective.

D. Development Agreement Content. A Development Agreement shall, at a minimum, specify all of the following as applicable:

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;

6.

Affordable housing obligations;

7.

A specific sunset date for the Development Agreement.

8.

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

9.

Terms and conditions related to applicant construction and financing of necessary on-site and off-site public infrastructure and facilities;

10.

Credits and reimbursements;

11.

Development phasing and sub-phasing; and

12.

Any other topics which, in the judgment of the County, are necessary or desirable for implementation of the subject project, the General Plan or applicable specific plan.

E.

Required Findings. The Approving Authority shall make all of the following findings to approve a Development Agreement or Development Agreement Amendment. The inability to make one or more of the findings is grounds for denial of an application:

1.

The Development Agreement or Development Agreement Amendment is consistent with the Zoning Code, General Plan and any applicable specific plan;

2.

The Development Agreement or Development Agreement Amendment will not cause adverse effects to the orderly development of property or the preservation of property values in the County;

3.

Approval of the Development Agreement or Development Agreement Amendment will promote the health, safety, and general welfare of persons residing or working in the area, and will not be detrimental or injurious to property and improvements in the area or to the general welfare of the County; and

4.

The Development Agreement or Development Agreement Amendment will provide the County with important, tangible benefits beyond those that may be required by the County through project conditions of approval.

In making the above findings, the Approving Authority may attach conditions of approval to ensure compliance with the Zoning Code, other County ordinances and requirements and the General Plan and any applicable specific plan.

F. Periodic Review.

1.

The County shall perform a periodic review of a 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.

2.

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

3.

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.