1982-565
RESOLUTION NO. 82R-565
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING PROCEDURES AND REQUIRE-
MENTS FOR THE CONSIDERATION OF DEVELOPMENT
AGREEMENTS PURSUANT TO SECTION 65865 OF THE
GOVERNMENT CODE AND REPEALING RESOLUTION NO.
82R-30.
WHEREAS, the lack of certainty in the approval of develop-
ment projects can result in a waste of resources, escalate the cost
of housing and other development to the consumer, and discourage
investment in and commitment to comprehensive planning which make
maximum efficient utilization of resources at the least economic
cost to the public; and
WHEREAS, assurance to the applicant for a development pro-
ject that upon approval of the project, the applicant may proceed
with the project in accordance with existing pOlicies, rules and
regulations, and, subject to conditions of approval, will strengthen
the pUblic planning process, encourage private participation in com-
prehensive planning, and reduce the economic costs of development;
and
WHEREAS, Article 2.5 (commencing with Section 65864) of
Chapter 4 of Title 7 of the Government Code authorizes municipali-
ties to, by resolution or ordinance, establish procedures and re-
quirements for the consideration of development agreements upon
application by, or on behalf of, the property owner or other person
having a legal or equitable interest in the property.
NOH, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, pursuant to Article 2.5 (commencing with
Section 65864) of Chapter 4 of Title 7 of the Government Code, the
City does hereby establish as procedures and requirements for the
consideration of development agreements those certain procedures and
requirements as set forth in Exhibit wAw attached hereto and incor-
porated herein by this reference.
BE IT FURTHER RESOLVED that Resolution No. 82R-30 be, and
the same is hereby, repealed.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of t.he City of Anaheim this 23rdday of November, 1982.
~~
ffAYOR OF THE CITY OF AN~
ATTEST:
~ 'P#)~
CITY CLERK OF THE C TY :~ ANAHEIM
JLW:fm
0282M
11-2-82
.........:"",.-I'"..~.,I'.c........... ." ...~_. .:.................:.!--~~-. .. ._-....-.... ...~.:& --"." - ._'W!l:...~.............. . ..r~IoI.:...."."-=.,....~.... . .~_.....- ..............:r~.~
..~ ...-.:..........~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 82R-565 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 23rd day of November, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 82R-565 on the 23rd day of November, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of November, 1982.
~l~J),)~
CITY CL RK OF THE CITY 0 NAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 828-565 duly passed and
adopted by the Anaheim City Council on November 23, 1982.
~ ~~)~(~ZZ;
-- CIT CLERK
RESOLUTION NO. 82R-565
EXHIBIT HAil
.-'"
PROCEDURES &~D REQUIREMENTS
FOR
CONSIDERATION OF DEVELOPMENT AGREEMENTS
SECTIONS:
1.0 Applications.
2.0 Planning Commission Review.
3.0 City Council Actions.
4.0 Recordation.
5.0 Amendment or Cancellation of Agreement by
Mutual Consent..
6.0 Periodic Review.
.. .
7.0 Modification "or Termination.
8.0 Effect of Agreement.
9.0 Enforceability_
10.0 Successors.an~,Assigns.
11.0 State and Fede~al Laws.
12.0 Extension of Time to Act.
1.0 APPLICATION.
Any person wishing to enter into a development agreement
(IIDevelopment Agreementll) must file an application for approval of
a Development Agreement with the Planning Department and demonstrate
that the project satisfies the eligibility requirements set forth in
.3ection 1.3 hereof. The form of said application (IIApplication ")
shall be as established by the Planning Director of the City of
Anaheim ("Planning Dire~tor".). '
1.1 Fees. An Application shall be accompanied by a filing
fee in such amount as may 'hereinafter be established from "time to time
by the City Council.
1.2 Applicant.' A~ Application may be filed only by the
property owner or other person having a legal or equitable interest
in the property that is the subject of the ~evelopment Agreement or
by that person I s authorized agent .( "Applicant") . The term "Applicant" -,'
shall also include any successor in interest to the property owner
or successor in interest to any'other person having a legal or equi-
table interest in the property.
1.3 Eligibility Requirements. The City finds that it may
be in the City's best interest to enter into a Development Agreement
when construction of the project will be phased over a several year
period, is a large scale development, shall occupy substantial .acre-
age, or in some other way requires long-term certainty on the part
of the developer and the City. The City may", but shall not be deemed
requ~red to, approve a Development Agreement when the Applica~t demon-
trates eligibility therefor by making one or more of the following
s'howings:
-1-
(a) ~.t the project shall OCCU ......, at least fifty (50)
acres; or
(b) That, upon comple"tion, the project shall result
in the construction of at least (i) two hundred fifty (250) dwelling
units, (ii) two hundred fifty thousand (250,000) square feet of
commercial-office space, or (iii) two hundred fift~ thous.and (2.50,000.)
square feet of industrial space; or
(c) That the project will be construc.ted in phases
over an anticipated period of not less than five (5).years~ or
(d) A project shall also be eligible' if the Planning
Director finds that the public health, safety or general welfare of
the citizens of Anaheim will best be served by accepting.an
Application for consideration by the Planning Commission and City
Council.
1.4 Proposed Development Agreement. Each Application
. ""
shall be accompanied by a proposed Development Agreement ("Proposed
Agreement").
(a) A Proposed Agreement shall specify the duration
of the Agreement, the permitted uses of the property, the density or
intensity of use, the maximum height and size of proposed buildings,
and provisions for reservation or dedication of land for public
purpOSQs..
(b) A Proposed Agreement may include conditions,
terms, restrictions and requirements for s~bsequent discretionary
actions, provided that such conditions, terms, restrictions and re-
quirements for subsequent discretionary actions shall not prevent
development of the land for the uses and to the density or ~ntensity
of the development set forth in the Agreement. A Proposed Agreement
may also provide that construction shall be commenced within a
-2-
specified time and \..uat the project or any phas~.:i thereof by completed
within a specified time.
(c) A Proposed Agreement may include such additional
conditions, terms, restrictions or requirements as determined by the
City Council to be in the public' interest.
2.0 PLANNING COMMISSION REVIEW.
2.1 Notice of Intention to Consider. Upon receipt of an
Application conforming" to' the eligibility requirements of Section 1. 3
hereof, the Planning Director shall give notice of the Planning
Commission's intention to consider a recommendation to the City
Council regarding adoption of a Development Agreement. Such notice
and any other notices required hereunder shall be given in the man-
ner specified in Section 65867 of the Government Code and, jn addi-
tion, in the same manner notice is given:for public hearings upon
zoning reclassifications as provided under Sectton 1S".03 .060 ",.of:. the .~
Anaheim Municipal Code.
2.2 Public Hearing~ The Planning Commission shall set
and give notice of a public h~aring to be held not more than thirty
(30) days from receip~ of an Application.
2.3 Recommendation. Not later than fifteen (15) days
following completion of the public hearing before the Planning
Commission, the Planning Commission shall make a recommendation in
writing and transmit that recommendation and the Application to the
City Council. The recommendation shall include the Planning
Commission's determination of whether the Proposed Agreement is (i)
consistent with the General Plan of the City of Anaheim and any
applicable specific plan; (ii) compatible with the uses authorized in
and the regulations prescribed for the applicable zoning district;
(iii) compatible with the orderly development of property in the
-3-
surrounding area; and (iv) is not otherwise detrimental to the health
safety and general welfare of the citizens of Anaheim.
3.0 CITY COUNCIL ACTIONS
3.1 Notice of Intention to Consider. Upon receipt of the
Planning Commission's recommendation, the City Clerk shall give notice
of the City Council's intention to consider adoption of a Development
Agreement in the same manner as set forth.in Section 2.1 hereof.
3.2 Public Hearing. The City Council shall set and give
notice of a public hearing to be held not more than forty-five (45)
days after receipt of the recommendation of the Planning Commission.
3.3 Findings. Approval of a Development Agreement is a
legislative act of the City Council and the City Council shall ha"ve
absolute discretion to approve, approve with modifications, or deny
any Proposed Agreement, prov~ded, however, the City Council shall not
approve any Development Agreement unless the City Council finds the
provisions of the Agreement are consistent with the General Plan of
the City of Anaheim and any applicable specific plan.
3.4 Decision. The City Council shall announce its findings
and decision on any Development Agreement not later than ten (10) days
following completion of. the public hearing on such "matter. Approving
a Development.Agreement shall be accomplished by enacting an ordinance
which ordinance shall be subject to referendum in the manner set forth
in Section 1303 of the City Charter of the City of Anaheim. Not later
than ten (10) days following adoption of the ordinance, one copy
thereof shall be forwarded to the Applicant.
3.5 Entering into a Development Agreement. If the City
Council adopts an ordinance approving a Development Agreement, then
the parties thereto shall execute the Development Agreement within
thirty (30) days after adoption of the ordinance; proyided, however,
-4-
that. the Development - 'reement shall not become '-.'-fective until the
ordinance autllorizing the Development Agreement also becom.es effective.
The time for executing the Agreement may be extended. by the mutual
consent of the City Council and the Applicant.
4.0 RECORDATION.
Within ten (10) days after the City enters into the
Development Agreement, the City Clerk shall have the Agreement recorded
with the Orange County Recorder. If the parties to the Agreemen~ or
their successors in interest amend or cancel the Agreement as provided
in Government Code sec~iqn 65868, or if the City terminates.or modifies
the Agreement as provided: in Government Code Section 65865.1 for fail-
ure of the Applicant to materially comply in good faith with the terms
or conditions in the Agreement, then the City Clerk shall have notice
of such action recorded wit~ the Orange County Recorder.
5.0 AMENDMENT OR CANCELLATION OF AGREEMENT BY MUTUAL. CONSENT.
. -
5.1 Initiation of Amendme'nt or Cancellation. Either party
may propose an amendment to, or cancellation of, the Development
Agreement, in whole or in part, previously entered into.
5.2 Procedure. The procedure for proposing and adopting an
amendment to., or cancellation of, the Development Agreement, in whole'
or in part, sha11 be the same as the procedure for entering into an
Agreement in the first instance; said procedure is set forth in
Sections .2 and 3 hereof. Any such proposal submitted by the Applicant
shall be accompanied by a processing fee i~ an amount equal to one-half
of any initial filing fee as may hereinafter be established from" time to
time by the City Council pursuant to Section 1.1 hereof.
Any amendment to, or cancellation of, any Development
Agreement pursuant to this Section shall require the consent of all
parties to said Development Agreement.
-5-
; .
6.0 PERIODIC RI EW.
6.1 Time for Review. The City shall periodically review
the Development Agreement at least once every twelve months after the
City enters into the Agreement.
6.2 Applicant's Submission. Not less than forty-five (45)
nor more than sixty (60) days prior to the yearly anniversary of the
date the Development Agreement was entered into, the Applicant sh~11
submit evidence to the City Council of the Applicant's good faith com-
pliance with the Development Agreement and notify the City Council in
writing that such evidence is being submitted to the City pursuant to
the periodic review requirements of this Section. Said notification
shall be accompanied by a processing fee in such amount as may herein-
after be established from time to time by the City Council.
6.3 Findings. Within forty-five (45) days after the submis-
sien of the Applicant's evidence, the .City Counci1. shall determine upon
.. . .... .-. .
the basis of substantial evidence whether or not the Applicant has, for
the period under review, complied in good faith with the terms and con-
ditions of the Agreement. If the City Council finds and dete~ines on
the basis of substantial evidence that the Applicant has complied in
good faith with the terms and conditions of the Development Agreement
during the period under review, the review for that perio~ sha11 be
deemed concluded. If the City Council finds and dete~ines on the basis
of substantial evidence that the Applicant has not complied in good
fai th with the terms and condi tion.s of the "Agreement for the period
under review, the City Council may proceed to modify or terminate the
~greement, or establish a time schedule. for compliance therewith, in
accordance with the procedures set forth in Section 7 hereinafter.
-6-
. -..-,... "., .............. II' ~~.. . ...1.... .................. "."_..~. .,~__.:Io.... ...~."......... ...._'.........._..._..........~,......~~....._............_..
6.4
Ini tic
on of Review by City_Cou!:!..
In addition to
the annual periodic review set for.th in Section 6.1, 6.2 and 6.3 hereof I
the City Council may at any time initiate a review of the Development
Agreement upon the giving of written notice thereof to Applicant. Within
thir"ty (30) days following the receipt of such notice, the ?s-pplicant
shall submit evidence to the City Council of Applicant's good faith
compliance with the Development Agreement and such review and determina-
tion shall proceed in tne manner otherwise provided in Section 6 and 7
hereof.
7.0 MODIFICATION OR TERMINATION.
7.1 Notice ~o ~pplicant. If the City Council finds and
determines on the basis of substantial evidence that the Applicant has
not complied in good faith with the terms and conditions of the
Development Agreement during the period under review and if the City
council determines to proceed wLth modification or termination of the
Development Agreement, or establish a time schedule for compliance
therewith, the City Council shall give notice to th~ Applicant o.f City
Council's intention to do so within ten (10) days of making its findings
under Section 6.3 hereof.
7.2 Public Hearin"g. The City council .shall set and 9:LVe
notice of a public hearing .on modification or termination, or to estab-
lish a ~ime schedule for eompliance, ~o be held wi~hin forty-five (45)
days after the City Council gives notice to the Appli"cant. .
7.3 Decision. The City Council shall announce its findings
and decision on whether the Development Agreement is to be terminated,
~r how the Development Agreement is to be modified, or the provisions
of the Development Agreement with which Ap~licant must comply and a
time schedule therefor, not later tnan ten (10) days following comple-
tion of the public hearing on such matter. Modifying or terminating
-7-
a Development Agreem
shall be accomplished b: nacting an ordinance.
The ordinance shall recite the reasons which, in the opinion of the
City Council, make the modifications or termination of the Development
Agreement necessary. Not later than ten (10) days following adoption
of the ordinance, one copy thereof shall be forwarded to the Applicant.
The Development Agreement shall be terminated.or the modified Development
Agreement shall become effective on the effective date of the ordinance
modifying or terminating said Agreement. Compliance with any performance
time schedule established' by the City Council as an al~ernative to modi-
fication or te~ination of the Development Agreement shall be subjec~
to periodic review in the manner set forth in Sec~ions 6 and 7 hereof
and lack of good faith compliance therewith shall be a.basis for termina- -
tion or modification of said Developmen~ Agreement.
8.0 EFFECT OF AGREEMENT.
Unless otherwise provided by the Development Agre"ement,
rules, regulations, and official policies governing permitted uses of
the land, density, design, public improvements and. construction stand-
ards and specifications shall be those rules, regulations and official
policies in force at the time of execution of the Development Agreement.
The City shall not, however, be prohibited from applying to the property
which is the subject of the Deve10pment Agreement new rules, re9u1at~ons
and"policies which do no~ conflic~ with ~hose rules, regulations and
policies set forth in the Development Agreement, nor shall the City be
prohibited from denying or conditionally approving any subsequent devel-
opment project application on the basis of such existing or new rules,
regulations and policies.
9.0 ENFORCEABILITY.
Unless amended or cancelled, a Development Agreement shall be
enforceable by any party thereto notwithstanding any change in any
-8-
................... t~.... ... .-.t... . .~...... ....~.
-......... '. ....~.",. .~ .......... ..... -:.......".. .....~.....,.~------.... ..................."110 l-:r ar.........:~;,;....
12.0 EXTENSION OF TIME TO ACT.
The time period within which any party or entity is otherwise
required to act pursuant to any applicable provision hereof shall be
deemed extended for any period of time necessary to comply with any
applicable provisions of the California. Environmental Quality.Act and
the state GUidelines adopted pursuant thereto.
-9-
...... ..-.".- .~.. .......-.f. ." ................. '.... ...~~_ """ _.~_. ................ _~.... ...~__~~"'---_........._................~