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Home My WebLink About81-229RESOLUTI~N QF ~HE ~OARD 0~ SUPERVISORS OF THE COUNTY OF BUTTE, ESTABLTSHTNG PROCEDURES F~RMITTING PROPERTY OWNERS TQ ENTER INTO D~VE~~PMENT AGREEh~ENTS WITH THE COUNTY PURSUANT Ta GOVERNMENT CODE SEGTIONS 65865 et s~q. WHEREAS, this Board wishes to provide grea~er cer~ainty to real estiate developers as to their ability to proceed with development projects wh~ch a~e ~ound to be cansistent with the Butte Coun~y General Plan and con~orm with a1Z applicable County regu~ations; and WH~REAS, the State Legislature by enacting Governmenti Cod~ ~65864 thraugh 55869.5, effective Jan~ary I, 1980 has authorized the County to enter into development agreements which wauld help to pxovide such certa~nty; and WHEREAS, such agree~ents may also serve to reduce County pra- eessing time ~hrough the combzning and cancurrent processing of related applicat~ons which are now ~onsidered sequentialiy; and WHEREAS, such agreements will enable the County to en~orce conditions imposed upan a development by con~ract law principZes as an alrernative ta athe~ existing means of ~egal enforcement. NQW, THEREFORE, BE ~T RESOLVED that the following protedures are adapted: DEVELO~MENT AGREEMENT PR~CEDURES AND RE UIREMENTS A. Application. ~. Consideration of a deve~opmEnt agreemen~ pursuant ta Article 2.~, Chapter ~, Title 7 0~ the California Gov~rnmen~ Code, commencing with sectaon fi5864 shaZl be in~tiated by an applicant (who shal~ be jo~n~d therein by the owner if the app~icant is not the fee owner} and col~ectively hereinaf~er called APPLICANT, filing an applica~ian ~or such cansidexa~ion with the Butte County Plann~ng D~paxtment. Ths a lication sha11 inc~ude: a. A propos~d agreemen~ which shall re~lect the fo~lo-~~ng: ~ subsequent County discretionary actions. (4) The proposed time w~en cans~ruction t~ould be commenced and comp~eted, both as to the entire proj~~t and as to aiI pha.ses thereof . (5) The terminatian date for the agreement. , ~ b. Su£fici.ent infaxmati.on to enabl.e the Planning Department Yo perfar~n an zni.tial stu~.y pursuant to Pub2ic Resources Code 5~ctian z~I~o. c. Sufficient infarmatian to establish that th~ project is consis '~ent wit h the Butte County Genera~ Plan. ~ ~ d. Surh o~her in~oxma.tion as the County may requ~re tv satisfy o~her rec~uiremen~s of law. ' 2. The app~ication sha~I be considered an appli.cati.an for a~eye~.Qpmei ~ ~roject as the term is used in Chapter 4.5, Tit~.e 7 of ~he Government Cade _ (commencing with section 65920). 3, Not later than 3Q calen~.ar days afte~ x~cei.p~ af an applicatzon, t] ~ Planning Department shal~. determin~ in writing whet~hex or not thc appTi- cation i.s complete and shal~. 'tra~.smit such de~ermination t~ the APPL~CANT. If 'the P~.anning Department does not respond ~~ithin said 3a.days the appli- cation :shall be deemed compZete. B. Recommenaation and Txansmx~tal. The Planning Departm~nt sha~l, at APPLZCANT'S expense and in accardance with adapt~d County procedures for implementation o£ GEQA, accamplish apprc pria~te~environmenta~ znvestigations and, upon camplet~on of such investi.- . gations, transmzt th~ applicataon, together with the Plannxng Department's recammendations ~hereon, to the Coun~y ~'~.anning CoT€rmiss i,on . , C. Piann~.ng Commissian Action. I. Upon xecexpt af an applicata.on, the results o~ the environmenta~ investigations and the r~commendations of ~he ~lannzng Departmen~, tha ~Planning Comm~sszon sha17. schedule a p~h~ic hearing ta consider th~ . app~.ication. {The h~aring sha13. be preceded }~y public noti.ce given in th~ ~same ma.nner as £or a zane change.) Nv~ice af zntentian to ~onsider~~adoptxo Baard the app~ication, and z~ approv~d or approved as modifaed, shal~ autho~ize the Chairman of the Baard of Sup~rvisars ta execute sa~d agxe~mer an behaif,af the Coun~y. Forma~ approval of a dev~lopmenfi agreemeri~ shall be accompli5hed by ardinance {65867.5). A dev~2opment agreement s~all not be approved un~~ss ~he ~egisla~ive ~ody finds that the prov~sxons o.f the agxeement are consis~tent ~vith thE general p~an and any app~icab~e specific p1an. ~. rIo agreement sha11 be execut~d by the Cha~rman of the Baard of Supervisars until zt has been executed by the APPL~CANT. ~f ~he APFLI~A1'3T . . has no~ executed the agreemen~, or agreement as modified by the ~3oard. a~ Supervisors, and re~urned said executed agreement ta the Chaxrman £ar h~.s execution withzn 30 days of Board appxova~, said application shall ~e deeme ~ithdraw~ by APPLICA~T and ~.he Ghairman sha11 not execute the agreer~en't. ~4. ~~lithin 10 days af'ter the Chairman execu~es a deve~.opment agreement, the Cler~C flf the Baard of Supervzsors shall cause a capy ther~vf ta be recardec~. ~. 5. A~Z agree~nen~ provisions are s~zbject to modifica~iQn or suspen,sion as set forth in Ar~icle 2.5, ChaP~er 4, T~.tl.e 7 of the Galifornia Govern- ment Code, cammenci.ng with Se~tion 65864. E . Annual Rev ie1~ . Y, AI1 development agreemen~s sha~.l b~ reviewed ~y the Plannxn~ Commission at least once every twe~ve man~hs, un].ess tihe agreeme~.t pravides for more frequent review, in whi.~h case t}~~e ag~reement sha~~ prevai~. , 2. . The purpase of the review sha~? be ~Co inq~zre ~~nto the good faith camp~.~.ance of. the APPLICANT wi.th the ~erms of' the agreement, an~. in ~he cas of an agreemen't which provides for mare ~reauent review, ~ox any other pur- pase which may be speci£ied in said agreement. The buxden o~ d:emonstrating good faith~compliance sha11 rest wi.th APPLICANT. 3. Prior to each revisw, ~he Planning Department shall file a repnrt w~th the P~.anning Commission ~elative to aIl develapmen'~ which has occu~red und.er the ag~eement subsequent ta the Iast past revi.ew and any other matter which the Planning Department wishes to bring to the ~~.anni.ng Commi.ssion's att~ention . ' . . not complied in gaod ~a~th w~th the terms and cnnditzans a~ the agreement th~ Board of Sup~rvisoxs may ~erm3nate or modify the agxeement. F. Termina~~on, Cancs3lation, ~~odification and Amendmen~_„of D~velopment Agx~ements. ~ Any development agreement may be cancell~d or amended by mutual consen~ of the APPLLCANT [or its successor in interest) ancl ~he Coun-Cy in the same manner as set ~orth abave far ent~ring in~o such~agreements. ~ The foregoing reso~utzon was duZy an~. regu~.axl~r adoptea at a regular meeting of the Boaxd of Supervisars vf th~ Ca~nty o~ Bu~te, Stat~ o£ Cali.£ornia, held on the b~h day of October, 1981, by 'the ~o].lawing vote: A~~~ ~ Supervisors Dolan, Saracezx~, and Chairman. Wizee~er N0~5: None A$S~NT: Super~.sor Wheeler . ABSTA~N: None / ~7 ~ r Butte County Board o~ ATTEST: CI~ARK A. hF~LSON, Coun~y Clerk-Recorder and ~x-o~ficio Clerk o~' ~.he Board , By