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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 BE IT FURTHER RESOLVED that Resolution No. 82R-30 be, and the same is hereby, repealed.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. ." ................. '.... ...~~_ """ _.~_. ................ _~.... ...~__~~"'---_........._................~