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1982-030 RESOLUTION NO. 82R-30 .."...-. 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. WHEREAS, the lack of certainty in the approval of development 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 would make maximum efficient utilization of resources at the least economic cost to the publiCI and WHEREAS, assurance to the applicant for a development project that upon approval of the project, the applicant may pro- ceed 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 partici- pation in comprehensive planning, and reduce the economic costs of development 1 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 requirements 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~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, purusant 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 "AW attached hereto and incorporated herein by this reference. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of nuary, 1982. -~. AT'l'EST: c~&~~ ANAHEIM JLW: fm r ~" ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITr OF ANAHEIM ) t, LINDA D. ROBE1TS, City Clerk of the City of ~hetm, do hereby certify that the foregoing Resolution NO. 82R-30 was introduced and adopted at a regu~r meettna provided by law, of the City Council of t~e City of Anahetm held on the 19th day of January, 1982, by the followingvdte of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay" Roth and Seymour NOES: COUNCIL MEMBERS: None ARSOT: COUNCIL MEMBERS: None AND I FURTHER CEIlTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-30 on the 19th day of January, 1982. I IN WlntESS WHERSOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of January, 1982. c~ (SEAL) I, LINDA D. ROBERTS ~ City Clerk of the City of Anaheim, do hereby certify that the foregoing :i:!I the original of Resolution No. 82R-30 duly passed and adol'ted by the A1\ahe:t:m City Council on January 19, 1982. . ai ~.j)~ CIT'! eLE . .--...., T"" - RESOLUTION NO. 82R- EXHIBIT "A" ""'~.. PROCEDURES AND 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 and Assigns. 11.0 State and Federal Laws. "~ .,. " 1.0 APPLICATIONS. Any person wishing to enter into a development agreement ("Development Agreement") 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 Section 1.3 hereof. The form of said application ("Applicationll) shall be as established by the Planning Director of the City of Anaheim ("Planning Director"). 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. An 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 Development Agreement or by that person'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 subs~an~ial acre- age, or in some other way requires long-term cer~ainty on the part of the developer and the City. The City may, but shall not be deemed f~_ required to, approve a Development Agreement when the Applicant demon- strates eligibility therefor by making one or more of the following showings: -1- --I !lU ..... (a) That the project shall occupy at least fifty (50) acres; or (b) That, upon completion, 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 fifty thousand (250,000) square feet of industrial space; or (c) That the project will be constructed 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 Counci 1 . 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 purposes. _.,.~ (b) A Proposed Agreement may include conditions, terms, restrictions and requirements for subsequent 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 intensity of the development set forth in the Agreement. A Proposed Agreement may also provide that construction shall be commenced within a -2- -".:T'.'" III ~ 11 c~ specified time and that the project or any phases 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, in addi- tion, in the same manner notice is given for public hearings upon zoning reclassifications as provided under Section 18.03.060 of the Anaheim Municipal Code. 2.2 Public Hearing. The Planning Commission shall set and give notice of a public hearing to be held not more than thirty (30) days from receipt of an Application. 2.3 Recommendation. Not later than fifteen (15) days following completion of the public hearing before the Planning Com.ission, 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 consid,er 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 have absolute discretion to approve, approve with mOdifications, or deny any Proposed Agreement; provided, 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 anQ 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; provided, however, -4- .""'.....,,;~~j.~ ~_iI!'-"_ 'f ----.- that the Development Agreement shall not become effective until the ordinance authorizing the Development Agreement also becomes 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 Agreement or their successors in interest amend or cancel the Agreement as provided in Government Code Section 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 with the Orange County Recorder. 5.0 AMENDMENT OR CANCELLATION OF AGREEMENT BY MUTUAL CONSENT. 5.1 Initiation of Amendment 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, shall 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 in 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 l.l 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- - ,. I ! L . 6.0 PERIODIC REVIEW. 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 shall 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- sion of the Applicant's evidence, the City Council 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 determines 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 period shall be deemed concluded. 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 Agreement for the period ,.e'_~ under review, the City Council may proceed to modify or terminate the Agree~ent, or establish a time schedule for compliance therewith, in accordance with the procedures set forth in Section 7 hereinafter. -6- "'" . " ..~ 6.4 Initiation of Review by City Council. In addition to the annual periodic review set forth in Section 6.1, 6.2 and 6.3 hereof, the City Council may at any time initiate a review of the Development Agreement upon the giving of written notice thereof to Applicant. Within thirty (30) days following the receipt of such notice, the Applicant 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 the manner otherwise provided in Section 6 and 7 hereof. 7.0 MODIFICATION OR TERMINATION. 7.1 Notice to Applicant. 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 with modification or termination of the DevelQpment Agreement, or establish a time schedule for compliance therewith, the City Council shall give notice to the Applicant of City Council's intention to do so within ten (10) days of making its findings under Section 6.3 hereof. 7.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification or termination, or to estab- lish a time schedule for compliance, to be held within forty-five (45) days after the City Council gives notice to the Applicant. 7.3 Decision. The City Council shall announce its findings and decision on whether the Development Agreement is to be terminated, or how the Development Agreement is to be modified, or the provisions of the Development Agreement with which Applicant must comply and a time schedule therefor, not later than ten (10) days following comple- tion of the public hearing on such matter. Modifying or terminating -7- -- ..... ,.." a Development Agreement shall be accomplished by enacting 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 alternative to modi- fication or termination of the Development Agreement shall be subject to periodic review in the manner set forth in Sections 6 and 7 hereof and lack of good faith compliance therewith shall be a basis for termina- tion or modification of said Development Agreement. 8.0 EFFECT OF AGREEMENT. Unless otherwise provided by the Development Agreement, 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 Development Agreement new rules, regulations and policies which do not conflict with those 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 , applicable general or specific plan, zoning, subdivision or building regulation adopted by the City which alters or amends the rules, regu- lations or policies specified in Section 8 hereof or is inconsistent "~ with the provisions contained in the Development Agreement. 10.0 SUCCESSORS AND ASSIGNS. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to, all suc- cessors in interest and assigns of the parties to the Development Agreement. 11.0 STATE AND FEDERAL LAWS. In the event that state or federal laws or regulations en- acted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modi- fied or suspended as may be necessary to comply with such state or federal law or regulation, so long as such laws or regulations shall remain in effect. ~. -9- t