Community Benefits Agreements

POD: 21-007

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Phase II TBD

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Previous Stakeholder Engagement

The County of San Diego Planning & Development Services (PDS) held a series of public webinars in November to obtain public input on the Community Benefits Agreement (CBA) Program. The staff presentation, linked below, was shared at these webinars.

Phase 1 - Staff Presentation

Project Background

Explore Feasibility of CBAs

On February 10, 2021 (2), the Board of Supervisors (Board) heard Options to Streamline Renewable Energy Projects in the unincorporated areas of the county. The Board directed staff to return with further analysis on a zoning ordinance update for renewable energy projects and research other related items, including community benefits agreements (CBAs).

Staff returned to the Board on December 8, 2021 (7) and provided the research on CBAs and sought Board direction to develop options for additional consideration based on these findings. Staff also sought Board direction regarding whether to expand the use of CBAs beyond renewable energy projects to include additional types of development projects in the unincorporated area. The Board directed staff to investigate the feasibility and resources needed for the County to establish CBA programs, policies and/or guidelines and return to the Board with options for additional considering and direction including guidelines for (1) mandatory CBAs, (2) types of development projects that would be subject to CBAs, and (3) the County to negotiate and enter into CBAs with developers.

Explore Options for CBA Program Development

On December 8, 2021 (7), the Board directed staff to investigate the feasibility and resources needed for the County to establish CBA programs, policies and/or guidelines and return to the Board with options for additional consideration and direction including:

Guidelines for the County to facilitate mandatory Community Benefits Agreements (CBA) between developers and community members, including items such as prevailing wage, local hire, job outreach to disadvantaged communities, other items as appropriate including a focus on the nexus between the negative impact on the community and the project being proposed
Guidelines for the types of development projects that would be subject to CBAs, including warehouses, business parks, hospitals, renewable energy projects, large scale housing projects, and any other large-scale projects that have a significant negative impact on the surrounding community
Guidelines for the County to negotiate and enter into CBAs with developers, including identification of potential incentives that the County could offer in return for community benefits

CBA Program Development

On September 28, 2022 (7), the Board directed staff to develop a CBA Program. For more details, please visit the Clerk of the Board’s agenda website to find the Minute Order for Item Number 7, or click here. Staff has initiated Phase 3 of the CBA project which develops the CBA Program per Board direction:

Establish both voluntary guidelines and a mandatory CBA Program for projects requiring a CEQA Statement of Overriding Consideration (SOC).
Establish County-administered mandatory and/or voluntary CBA Programs; and third party administered mandatory and/or voluntary CBA Programs.
Develop a pre-set list of benefits.
Develop a set list of incentives.
Identify project types for expanded community engagement requirements; and establish expanded community engagement for certain project types determined by the Board of Supervisors (Board).

The Board also directed staff to explore the viability of project applicants to identify and address the social impacts of projects and report back to the Board.

Staff returned to the Board on September 28, 2022 (7) and presented CBA best practice research, stakeholder input, and draft options. Staff sought Board direction on the draft options in the following categories: 1) Program Participation, 2) Program Administration, and 3) Program Components. The Board directed staff to establish both voluntary guidelines and a mandatory CBA program, develop pre-set lists of benefits and incentives, and establish expanded community engagement requirements for certain project types, including those identified by the Board in the previous phase. The Board also directed staff to explore the viability of project applicants to identify and address the social impacts of projects.