A. Qualification of Applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person or other entity who has legal or equitable interest in the real property that is the subject of the land use permit application or other application for development pursuant to this code, and a proposed development agreement. An authorized agent may be a qualified applicant. Applicants may be required by the Planning Director to submit proof of their legal or equitable interest in the real property, and to agents, proof of their authority to act on behalf of the applicant.
B. Application Form and Content. An application for the approval of a development agreement shall include the forms provided by the Planning Department, any filing fee required by the most current Planning Department fee schedule, and any additional information required by the Planning Director deemed necessary to properly evaluate the application.
C. Agreement Preparation. The agreement shall be prepared by the County Counsel. Unless determined otherwise by the County Counsel, the agreement shall be prepared to include the following: draft development agreement. The draft development agreement and any attachments or exhibits shall be prepared in a manner suitable for recordation by the County Recorder, and shall include the following:
1. Parties to the Agreement. All parties to the development agreement shall be listed within the first paragraph of the agreement. A statement specifically explaining the contracting party’s interest in the real property of the development project shall also be included, which may be in a separate section from the initial listing of parties. Other descriptive information may also be required to clearly and accurately identify the parties to the agreement. If a purpose statement describing the reasons for the nature of the agreement is included, the listing of parties to the agreement may follow the purpose statement.
2. Relationship of Parties. A clear description of the relationship of all parties to the development agreement, including the following:
a. Addresses of all parties to which written notices, demands, correspondence and communications are to be directed.
b. A statement specifying any changes in the relationship of the parties which may occur as a result of the real property that is the site of the development project being included in another governmental jurisdiction, such as through annexation into an incorporated city.
3. Recitals. A section that refers to concurrent or prior governmental actions taken on the development project itself or other governmental actions that materially affect the development agreement for that project (see Cal. Gov’t. Code §§ 65867 and 65867.5). Actions taken pursuant to the California Environmental Quality Act (CEQA) shall also be mentioned in this section of the development agreement.
4. Definitions. All terms used in a context other than normal, daily usage shall be clearly defined. Any term unique or special to the proposed development project shall be clearly defined for purposes of the agreement.
5. List of Exhibits. Any document, map, plan, form, display, photographs, etc., necessary for the review and approval of the project shall be listed as an exhibit to the development agreement or incorporated by reference to prior approvals that are part of the agreement. At a minimum, the exhibits presented as a part of the development agreement shall be:
a. A legal description of the real property for which the development agreement is proposed.
b. A map of the development project.
c. Approval documents of all prior governmental approvals for the development project.
6. Assignability. A statement specifying the assignability of responsibilities, obligations and benefits under the agreement, consistent with the following:
a. The responsibilities, obligations and benefits of the agreement may only be assigned after notification of all other parties to the agreement.
b. Successors in interest to property governed by an agreement shall be notified of the provisions of the agreement. The successors in interest shall notify the county of their receipt of such notice.
7. Duration of the Agreement. The term of the development agreement shall be specified, along with any provisions for extension or modification of the term.
8. Restrictions on Uses of the Property. Any restriction, limitation or other modification of uses on the real property that is the subject of the development agreement and which is not otherwise controlled by applicable governmental regulations shall be specified in the agreement. Such restrictions may include, but are not limited to:
a. Permitted or prohibited uses;
b. Density and/or intensity of uses;
c. Maximum height of building and other structures;
d. Maximum size of buildings and other structures;
e. Reservations and dedications of land for common or public purposes; and
f. Special setbacks or other construction standards.
9. Subsequent Discretionary Actions. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions and shall provide that any such conditions, terms, restrictions and requirements for subsequent actions, if included, shall not prevent development of the land for the uses and the density or intensity of development set forth in the agreement.
a. The agreement shall also indicate the duty of the developer/applicant to obtain further approvals if any are required.
b. The agreement shall contain provisions for cooperation by the parties to the agreement in gaining further approvals and interacting with other agencies.
10. Effect of Regulations or Standards Adopted after Agreement.
a. With regard to the real property that is the subject of the development agreement, the county rules, regulations, ordinances, laws, general and specific plans, and official policies governing development, density, permitted uses, growth management, design criteria, construction standards and environmental considerations shall be those in force and effect upon the commencement of the term of the agreement unless otherwise provided in the agreement.
b. Unless specifically provided for in the agreement, the county will thereafter, during the term of the agreement, apply to the subject development project only such newer, modified rules, regulations, laws, ordinances, design criteria, construction standards and environmental considerations that are not in conflict with those in effect on the date of commencement of the development agreement.
c. The provisions of subsections (C)(10)(a) and (C)(10)(b) of this section shall not preclude the application to a development project of those changes in county rules, regulations, laws, ordinances or policies specifically mandated and required by changes in state or federal laws or regulations. In the event that such changes in state or federal laws prevent or preclude compliance with one or more provisions of the development agreement, the parties shall take action to amend the agreement pursuant to SCC 25.05.080.
11. Periodic Review. Provisions for periodic review as required by SCC 25.05.070.
12. Amendment, Termination, and/or Recordation. Provisions for the amendment, cancellation, modification, termination, suspension and/or recordation of the agreement pursuant to SCC 25.05.080.
13. Enforcement and Remedies. Provisions for enforcement of the agreement by all parties involved, and legal remedies available to parties injured by the lack of performance of the other parties to the agreement.
14. Attorneys’ Fees and Costs.
a. At a minimum, the development agreement shall provide for recovery of attorneys’ fees and costs of enforcement by the county, in the event that legal action or other enforcement proceeding is undertaken by the county pursuant to these regulations.
b. The agreement shall also provide a reimbursement schedule for county staff time spent processing, reviewing and implementing the provisions of the agreement. This reimbursement schedule shall contain prevailing wage rates of appropriate staff members at the time the agreement is executed. The wage rate shall include the costs to the county of employee benefits, overhead and other appropriate associated costs.
15. Summary of Rights and Benefits. Summary of special rights granted to the land owner and special benefits being afforded to the public as a result of the agreement.
16. Improvement Security/Insurance. Where required by the county as a condition of the development project’s approval, provisions requiring appropriate and reasonable improvement security pursuant to Cal. Gov’t. Code § 66499, et seq. The county may also require evidence of compliance with labor standards and insurance required as a standard condition under federal, state or local law at the time of county action on any necessary development permits or any other entitlements for use of the development project real property that is the subject of the development agreement.
17. Miscellaneous Terms and Conditions. All terms, conditions, requirements and provisions of the development project’s permit approvals shall be included in the development agreement. Additional terms, conditions, requirements and provisions not a part of the project permit approvals may be included in the development agreement with the mutual consent of all parties to the agreement.
18. Map of Development Project. A map of the proposed development project shall be provided which is sufficient to meet the submittal requirements for the project associated with the development agreement and is adequate to clearly inform the public, the hearing bodies and the county staff about the scope and nature of the project proposal. The adequacy of the map shall be determined by the Planning Director.