This article is adopted for the purpose of providing a means of processing development permits which give a development project proponent reasonable assurance that a project can be carried out to its conclusion and the county of Mariposa can be assured that all reasonable on-site or off-site improvements and other conditions of project approval are constructed or carried out to the satisfaction of the county.

This article is adopted pursuant to the California Government Code sections 65864 through 65869.5, as amended from time to time.

Unless otherwise expressed in this code, the provisions in this article are the exclusive procedures and rules relating to development agreements. In the event of conflict, these provisions shall prevail over any other provisions in this code.

A development agreement may be initiated by:

1. An application of one or more qualified applicants as defined in section 17.124.050;
2. By resolution of intention of the board of supervisors;
3. By resolution of intention of the planning commission, with approval of the board of supervisors.

Only a qualified applicant or his authorized agent may file an application pursuant to this article. A qualified applicant is a person who (which) has a legal or an equitable interest in the real property which is the subject of the development agreement. Such interest must be such that the applicant has or will have control of the use of the property during the proposed term of the agreement. The planning department may require an applicant to submit proof of his (its) interest in the real property and of the authority of the agent, if any, designated to act for the applicant. The planning department may require an applicant or agent to submit a title report from a reputable title insurance company or other evidence to verify the legal or equitable interest of the applicant in the property.

1. Application for a development agreement shall be made in writing to the planning office on a form prescribed by the planning department.
   
2. In addition to the information required by Sub-section (A) of this section, the planning department may require a qualified applicant to submit such additional information and supporting data as he considers necessary to process the application.

1. Application for a development agreement shall be made in writing to the planning office on a form prescribed by the planning department.
   
2. In addition to the information required by Sub-section (A) of this section, the planning department may require a qualified applicant to submit such additional information and supporting data as he considers necessary to process the application.

1. Application for a development agreement shall be made in writing to the planning office on a form prescribed by the planning department.
   
2. In addition to the information required by Sub-section (A) of this section, the planning department may require a qualified applicant to submit such additional information and supporting data as he considers necessary to process the application.

For the purpose of defraying the expense involved in connection with an application, the board of supervisors may establish by resolution a schedule of fees. The schedule of fees shall be available in the planning office and on file in the office of the county clerk.

For the purpose of defraying the expense involved in connection with an application, the board of supervisors may establish by resolution a schedule of fees. The schedule of fees shall be available in the planning office and on file in the office of the county clerk.

The planning department shall transmit the application and the draft agreement to the planning commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in section 17.124.150. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

After the planning commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the board of supervisors. The report and recommendation shall include proposed findings on the matters stated in 17.124.130(C).

1. Upon receipt of the recommendation and report of the planning commission, the board of supervisors shall hold a public hearing. Notice of the public hearing shall be given as provided in section 17.124.150.
2. After the board has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer matters not previously considered by the planning commission to the planning commission for a report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the board.
3. The board shall not approve the development agreement unless it finds that the agreement:
   1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
   2. Is compatible with the uses authorized in and the regulations prescribed for, the land use zone(s) in which the real property is located;
   3. Is in conformity with public convenience, general welfare and good land use practices:
   4. Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the county as a whole;
   5. Will not adversely affect the orderly development or property or the preservation of property values;
   6. Is consistent with the provisions of Government Code sections 65864 through 65869.5.
4. The agreement may provide that the rules, regulations and official policies governing the permitted uses of land, density, design, improvement and construction standards or any one of these, shall be those rules, regulations and official policies in force at the date of execution of the agreement.

If the board of supervisors approves the development agreement, it shall adopt an ordinance approving the agreement and directing the chairperson of the board to execute the agreement after the effective date of the ordinance.

1. Notice of public hearings required by this article shall be given as provided in sections 65854, 65854.5 and 65856 of the Government Code, in addition to such other notice as may be required by section 17.132 of this title.
   
2. The notice requirements referred to in Sub-section (A) of this section are as required by the laws existing at the time of adoption of this article (Government Code sections 65854, 65854.5, 65856 and 65867). If state law is amended to prescribe a different notice requirement, notice shall be given in that manner.
   
3. The failure of any person to receive notice required by law of any hearing as required by this section shall not affect the authority of the board to enter into a development agreement.

1. Any party to a development agreement may propose an amendment to or cancellation of the agreement in whole or in part.
2. Except as otherwise provided in this section and in Ssection 17.124.200, the procedure for proposing and adopting an amendment to, or a cancellation in whole or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the county initiates a proposed amendment to or a cancellation in whole or in part of the agreement, the county shall first give written notice to each party other than the county who executed the agreement of its intention to initiate such proceedings, not less than thirty (30) days in advance of giving public notice of the hearing to consider such amendment or cancellation.
3. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement and construction standards and specification, or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

Within ten (10) days after the effective date of a development agreement, or any modification or the cancellation thereof, the clerk of the board shall have the agreement, the modification or the notice of cancellation recorded with the county recorder.

The clerk of the board shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, modifications or cancellation, to the agreement.

1. The planning director shall not less than once every twelve (12) months from the effective date of the development agreement review the same for compliance with its terms and conditions. If the planning director finds that there is not compliance with those terms and conditions the planning director shall refer the development agreement to the planning commission for review at a public hearing.
2. The planning commission shall not less than once every thirty-six (36) months from the effective date of the development agreement review the same for compliance with its terms and conditions.
3. The planning department shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement other than the county. He shall give such mailed notice at least twenty (20) days in advance of the time at which the matter will be considered by the planning commission.

1. The planning commission shall conduct a public hearing at which time the party or parties to the agreement, other than the county, must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon such party or parties.
2. The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreements.
3. After the public hearing the planning commission shall render it determination in the form of a report to the board of supervisors. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the commission may include in its report a recommendation for the modification or termination of the agreement.
   

1. The board shall place the report of the commission on its agenda at the second regularly scheduled board meeting following the planning commission meeting at which the report was made.
2. If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the board shall accept the report for filing and shall not take any further action unless:
   1. The board, on its own motion, votes to set the matter for hearing; or
   2. An appeal is filed from the determination of the planning commission.
3. If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the board shall hold a public hearing to consider the report and recommendation of the commission.
4. Whenever the commission report is scheduled for hearing, notice of such hearing shall be given, as provided in section 17.124.150. Such notice shall provide:
   1. The time and place of the public hearing;
   2. A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review;
   3. A statement that the board of supervisors may terminate or modify the agreement at the conclusion of the hearing.
5. At the conclusion of the public hearing, the board may refer the matter to the planning commission for a further report and recommendation, or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the board finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the review, the board may terminate the agreement or the board may modify the agreement and impose those conditions which it considers necessary and appropriate to protect the interests of the county. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the board shall be commenced within sixty (60) days from the date upon which a final determination is made, as set forth in section 17.124.190.