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RESOLUTION NO, 6469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, ESTABLISHING PROCEDURES
AND REQUIREMENTS FOR THE CONSIDERATION
OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT
CODE SECTIONS 65864 THROUGH 65869.5, INCLUSIVE
WHEREAS, Government Code sections 65864 through 65869.5, inclusive,
authorize cities and counties to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of
such property and authorizes the City to establish procedures and requirements for
consideration of applications for such agreements; and
WHEREAS, it is in the public interest to adopt such procedures and
requirements and the public health, safety and welfare will be promoted thereby;
and
WHEREAS, the adoption of procedures and requirements for consideration
of applications for development agreements is not a "project" subject to the
requirements of the California Environmental Quality Act because it is an
organizational or administrative activity of government which is political and
which will not cause a direct or reasonably foreseeable indirect change in the
environment as set forth in Public Resources Code Section 21083 and Section
15378 of the California Environmental Quality Act Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Any existing policies, procedures, or regulations in
conflict with the provisions of this resolution are hereby repealed in their entirety
and are hereby replaced with the terms and conditions of this Resolution No, 6469.
SECTION 2. The procedures and requirements for the consideration of
development agreements as set forth in Exhibit "A" attached to this resolution and
made a part by this reference, are hereby adopted.
SECTION 3, The City Manager is directed to prepare and adopt such
application forms, checklists and other documents as he/she considers necessary to
implement the attached procedures and requirements.
SECTION 4.
The City Clerk shall certify to the adoption of this
Resolution.
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Passed, approved and adopted this 19th day of July
,2005.
ATTEST:
yor of the City of Arcadia
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- APPROVE.0 AS TO FORM:
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6469 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 19th day of July, 2005 and that said Resolution
was adopted by the following vote, to wit:
A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
-; ........
Ity Clerk of the ~rtY;;of Arcadia
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Exhibit "A"
CITY OF ARCADIA
REGULATIONS ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF
DEVELOPMENT AGREEMENTS
Article I.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6,
Article 7.
Article 8.
Article I.
Table of Articles
Applications
Form and Content of Development Agreements
Notices and Hearing
Standards of Review, Findings and Decision
Amendment and Cancellation of Agreement by Mutual Consent
Recordation
Periodic Review
Modification or Termination
Applications
Section 101. Authority for Adoption
Section 102, Forms and Information
Section 103. Fees
Section 104. Qualifications as an Applicant
Section 105, Proposed Business Terms of Agreement
Section 106, Review of Application
Section 101, Authority for Adoption. These regulations are adopted under the authority
of Government Code Sections 65864 through 65869.5, inclusive.
Section. 102. Forms and Information.
(a) The City Manager or designee shall prescribe the form for each
application, notice and documents provided for or required under these regulations for the
preparation and implementation of development agreements,
(b) The City Manager or designee may require an applicant to submit such
information and supporting data as considered necessary to process the application.
Section 103. Fees. The City Council shall, by separate resolution, fix the schedule of
fees and charges imposed for the filing and processing of each application and document
provided for or required under these regulations.
Section 104, Qualifications as an Applicant. Only a qualified applicant may file an
application to enter into a development agreement. A qualified applicant is a person who has
legal or equitable interest in the real property located within the municipal boundaries of the
City, or real property to be annexed to the City, which is the subject of the development
agreement. A qualified applicant includes the authorized agent of the applicant. The City
Manager may require an applicant to submit proof of his/her interest in the real property and of
the authority of the agent to act for the applicant. Such proof may include a preliminary report
issued by a title company licensed to do business in the State of California evidencing the
requisite interest of the applicant in the real property, Before processing the application, the City
Manager may obtain the opinion of the City Attorney as to the sufficiency of the applicant's
interest in the real property to enter into a development agreement.
Section 105, Proposed Business Tenns of Agreement. Each application shall be
accompanied by a document setting forth those business tenns proposed by the applicant to be
included in a development agreement.
Section 106. Review of Application, The City Manager shall endorse on the
application the date it is received. He/she shall review the application and may reject it if it is
incomplete or inaccurate, [fhe/she finds that the application is complete, it shall be accepted for
filing. The City Manager shall review the application and detennine any additional requirements
necessary to complete the application. After receiving the required infonnation, he/she shall
prepare a report and recommendation and shall state whether or not the business tenns proposed
or in an amended fonn would be consistent with the general plan, any applicable specific plan
and these regulations.
Article 2.
Fonn and Content of Development Agreements,
Section 201. Contents
Section 202. Payment of Impact Fees, Deferral
Section 203. Tenn of Development Agreement
Section 204. Reservation of Rights
Section 201. Contents, A proposed development agreement shall include the following
prOVISIOns:
(a) A legal description of the property subject to the development agreement;
(b) The duration of the agreement, the pennitted uses of the property, the
density or intensity of use, the maximum height and size or proposed
buildings, and provisions for reservation or dedication of land for public
purposes;
(c) Conditions, tenns, restnctlOns, and requirements for subsequent City
discretionary actions, provided that such conditions, tenns, restrictions and
requirements for subsequent discretionary actions shall not prevent
development of the land for the uses and to the density or intensity of
development set forth in the agreement;
(d) The time when construction will be commenced and completed, including
a phasing plan for the public and private improvements;
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(e) A schedule of payment of impact fees or deferral In accordance with
Section 202;
(f) A provision to the effect that any financing for the acqUIsItIon,
construction and maintenance of infrastructure improvements through the
use of any type of public financing mechanism shall be in accordance with
and shall not deviate from adopted City policies regarding the same;
(g) Such other infonnation as is deemed necessary by the City Manager to
assure that the proposed development agreement is consistent with the
provisions of State law, the General Plan, applicable Specific Plans, and
any other laws and regulations of the City and all other local agencies,
(h) Sufficient infonnation to enable the City Manager to perfonn an Initial
Study in accordance with procedures and guidelines enacted pursuant to
Sections 21082 and 21083 of the Public Resources Code of the State and
Section 15063 of State CEQA Guidelines,
Section 202, Payment of Impact Fees, Deferral, In Lieu Dedications, An application
shall include a schedule of impact, public facilities and service mitigation fees due and payable
from the applicant/owner at those times and in those amounts as established by separate
resolution of the City, which is in effect at the time of execution of the development agreement.
A proposed development agreement may provide for the limitation upon increases
of applicable impact, public facilities and service mitigation fees, The period for which the fee
shall be limited shall be established in the agreement not to exceed five (5) years from the
execution of the development agreement. Upon expiration of the limitation period, the full
amount of applicable impact, public facilities and service mitigation fees as set forth in then-
existing City ordinances or resolutions shall be payable in connection with the development
proj ect.
A development agreement may provide, as detennined by the City on a case by
case basis, for the deferral of payment of impact fees, for those times and on those tenns to be set
forth in the development agreement.
A development agreement may also provide for the owner's construction and
dedication of public improvements to partially or fully satisfy those impact fees applicable to the
development project. The development agreement shall specifically set forth the public
improvements to be constructed and dedicated to the City as separate exhibits and the amount of
fees to be satisfied by such construction and dedication.
Section 203, Tenn of Development Agreement. The maximum initial tenn of a
development agreement shall be ten (10) years.
The tenn of a development agreement may provide for an extension of the tenn
for an additional five (5) years following expiration of the initial tenn, provided the following
have occurred:
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(a) Developer provide~ at least 180 days notice to City prior to expiration of
the initial term;
(b) The developer has made substantial progress in completing the project as
determined in the sole discretion of the City Council;
(c) The City may impose additional terms and conditions upon an extension
to the term;
(d) Developer is not then in uncured default of the development agreement.
Section 204. Reservation of Rights, Unless otherwise reserved by the City under the
development agreement, the rules, regulations, and official policies governing permitted uses of
the land, density and intensity of use, design, improvement, and construction standards and
specifications, applicable to development of the property subject to a development agreement,
shall be those rules, regulations, and official policies in force at the time of execution of the
development agreement.
Notwithstanding the paragraph above, a development agreement shall provide for
the following reservations of rights, and the City shall not be prevented from applying new rules,
regulations and policies upon the applicant/owner, nor shall a development agreement prevent
the City from denying or conditionally approving any subsequent development project
application on the basis of such new rules, regulations and policies where the new rules,
regulations and policies consist of the following:
(a) Processing fees by City to cover costs of processing applications for
development approvals or for monitoring compliance with any
development approvals;
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction
standards and specifications applicable to public and private
improvements, including all uniform codes adopted by the City and any
local amendments to those codes adopted by the City;
(d) Regulations which may conflict with the development agreement and any
approved plan for development but which are reasonably necessary to
protect the residents of the project and/or of the immediate community
from a condition perilous to their health or safety;
( e) Regulations that do not conflict with those rules, regulations and policies
set forth in the development agreement or any approved plan for
development;
(f) Regulations which may conflict but to which the developer consents,
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The development agreement may provide for additional rights to be reserved to
the City,
Article 3.
Notices and Hearing.
Section 301. Notice
Section 302, Requirements for Form and Time of Notice of Intention to
Consider Adoption of Development Agreement.
Section 303, Failure to Receive Notice.
Section 304. Rules Governing Conduct of Hearings,
Section 305, Irregularity in Proceedings.
Section 301. Notice. The City Manager shall give notice of intention to consider
adoption of development agreement and of any other public hearing required by law or these
rules.
Section 302. Requirements for Form and Time of Notice of Intention to Consider
Adoption of Development Agreement.
(a) . The notice of intention to consider adoption of a development agreement
shall contain the following information:
(1) The date, time and place of the public hearing;
(2) The identity of the hearing body (i.e., Planning Commission and/or
City Council);
(3) A general explanation of the matter to be considered, and a general
description, in text or by diagram, of the location of the real
property subject to the proposed development agreement;
(4) Other information required by law, these regulations or which the
City Manager considers necessary or desirable.
(b) Time and Manner of Notice, The time and manner of giving notice shall
be in accordance with Govemment Code Section.65867.
(c) Declaration of Existing Law. The notice requirement referred to in
subsections (a) and (b) are declaratory of existing law (Government Code
Sections 65867, 65090 and 65091). If state law prescribes a different
notice requirement, notice shall be given in that manner. The notices
required by this Section are in addition to any other notices required by
law for other actions to be considered concurrently with a development
agreement.
(d) Additional Notice. The Planning Commission and/or City Council, as the
case may be, may direct that notice of the publiC hearing to be held before
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it shall be given in a manner that exceeds the notice requirements
prescribed by state law,
Section 303. Failure to Receive Notice. The failure to receive notice by any person
entitled to notice required by law or these regulations does not affect the authority of the City to
enter into a development agreement.
Section 304. Rules Goveming Conduct of Hearings. The public hearing shall be
conducted as nearly as may be in accordance with the procedural standards adopted under
Government Code Section 65804 for the conduct of zoning hearings, Each person interested in
the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the
public hearing on the proposed development agreement.
Section 305. Irregularity in Proceedings, Fonnal rules of evidence or procedure
applicable in judicial actions and proceedings shall not apply in any proceeding concerning a
development agreement. No action, inaction or recommendation regarding the proposed
development agreement shall be held void or invalid or be set aside by a court on the ground of
the improper admission or rejection of evidence or by reason of any error, irregularity,
infonnality, neglect Or omission ("error") as to any matter pertaining to petition, application,
notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever
unless after an examination of the entire case, including the evidence, the court is of the opinion
that the error complained of was prejudicial and that by reason of the error the complaining party
sustained and suffered substantial injury, and that a different result would have been probable if
the error had not occurred or existed, There is no presumption that error is prejudicial or that
injury was done if error is shown.
Article 4.
Standards of Review, Findings and Decision.
Section 40 I. Detennination by Planning Commission
Section 402, Decision by City Council
Section 403. Approval of Development Agreement
Section 401. Detennination by Planning Commission, All development agreements
shall be considered at a public hearing before the Planning Commission. After the hearing by
the Planning Commission, the Planning Commission shall make its recommendation in writing
to the City Council. The recommendation shall include the Planning Commission's
detennination whether or not the development agreement proposed:
(a) Is consistent with the objectives, policies, general land uses and programs
specified in the general plan and any applicable specific plan;
(b) Is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is located;
(c) Is in confonnity with public convenience, general welfare and good land
use practice;
(d) Will be beneficial to the health, safety and general welfare; and
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(e) Will adversely affect the orderly development of property or the
preservation of property values.
The recommendation shall include the reasons for the recommendation,
Section 402, Decision by City Council.
(a) After receipt of the recommendation of the Planning Commission, the City
Council shall hold a public hearing to consider adoption of the
development agreement, after providing notice of the hearing in the same
manner prescribed by Section 302.
(b) After the City Council completes the public hearing, it may accept, modify
or disapprove the recommendation of the Planning Commission. It may,
but need not, refer matters not previously considered by the Planning
Commission during its hearing back to the Planning Commission for
report and recommendation. The Planning Commission may, but need
not, hold a public hearing on matters referred back to it by the City
Council.
(c) The City Council may not approve the development agreement unless it
finds that the provisions of the agreement are consistent with the general
plan and any applicable specific plan,
Section 403. Approval of Development Agreement.
(a) If the City Council approves the development agreement, it shall do so by
the adoption of an ordinance, The ordinance shall refer to and incorporate
by reference the text of the development agreement.
(b) After the ordinance approving the development agreement takes effect, the
City may enter into the agreement. A development agreement shall be
signed by the Mayor.
Article 5,
Amendment and Cancellation of Agreement by Mutual Consent.
Section 50 \. Initiation of Amendment or Cancellation by Mutual Consent
Section 502. Procedure
Section 50\. Initiation of Amendment or Cancellation by Mutual Consent. Either party
or successor in interest, may propose an amendment to or cancellation, in whole or in part, of the
development agreement previously entered into, Any amendment or cancellation shall be by
mutual consent of the parties or their successors in interest except as provided under Article 8 of
these regulations and Government Code Section 65865,\,
Section 502. Procedure.
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(a) The procedure for proposing and adopting an amendment to or
cancellation in whole or in part of a development agreement is the same as
the procedure for entering into an agreement in the first instance (Articles
1,3 and 4 inclusive).
(b) However, where the City initiates the proposed amendment to or
cancellation in whole or in part of the development agreement, it shall first
give notice to the property owner of its intention to initiate such
proceedings at least sixty (60) days in advance of the giving notice of
intention to consider the amendment or cancellation required by Section
302.
Article 6,
Recordation.
Section 601. Recordation of Development Agreement, Amendment or Cancellation,
(a) Within ten (10) days after the City enters into the development agreement,
the City Clerk shall have the agreement recorded with the County
Recorder.
(b) 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 failure of the applicant to comply
in good faith with the terms or conditions of the agreement, the City Clerk
shall have notice of such action recorded with the County Recorder.
Article 7.
Periodic Review,
Section 701.
Section 702.
Section 703,
Section 704,
Section 705.
Section 701.
(a)
(b)
Time for and Initiation of Review
Notice of Periodic or Special Review
Public Hearing
Findings upon Public Hearing
Procedure upon Findings
Time for and Initiation of Review.
The City shall review the development agreement every twelve (12)
months from the date the agreement in entered into in order to ascertain
the good faith compliance by the property owner with the terms of the
agreement. The property owner shall submit an Annual Monitoring
Report, in a form acceptable to the City Manager, within ten (10) days
after written notice from the City Manager.
The time for review may be shortened or a special review called either by
agreement between the parties or by initiation in one or more of the
following ways:
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(I) Recommendation of the City Manager or his/her designee;
(2) Affinnative vote of at least three (3) members of the Planning
Commission; or
(3) Affinnative vote of at least three (3) members of the City CounciL
Section 702. Notice of Periodic or Special Review, The City Manager shall begin the
review proceeding by giving notice that the City intends to undertake a
periodic or special review of the development agreement to the property
owner. The City Manager shall give the notice at least ten (10) days in
advance of the time at which the matter will be considered by the Planning
Commission.
Section 703. Public Hearing, The Planning Commission shall conduct a public hearing
at which the property owner must demonstrate good faith compliance with
the tenns of the agreement. The burden of proof on this issue is upon the
property owner.
Section 704. Findings Upon Public Hearing, The Planning Commission shall
detennine upon the basis of substantial evidence whether or not the
property owner has, for the period under review, complied in good faith
with the tenns and conditions of the agreement.
Section 705, Procedure Upon Findings.
(a) If the Planning Commission finds and detennines on the basis of
substantial evidence that the property owner has complied in good faith
with the tenns and conditions of the agreement during the period under
review, the Planning Commission's findings and detenninations shall be
transmitted to the City CounciL The City Council shall then either (i)
receive and file the Planning Commission's report, thereby accepting the
Planning Commission's findings and detenninations without further
action, or (ii) set this matter for public hearing, in which event, the City
Council shall proceed to conduct the public hearing as set forth in Article
8 hereof.
(b) If the Planning Commission finds and detennines on the basis of
substantial evidence that the property owner has not complied in good
faith with the tenns and conditions of the agreement during the period
under review, the Planning Commission's findings and detenninations
shall be transmitted to the City Council. The Planning Commission may
recommend to the City Council that the agreement be modified or
tenninated,
Article 8,
Possible Modification or Tennination of Agreement.
Section 80 I. Proceedings Upon Potential Modification or Tennination
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Section 802. Hearing on Modification or Termination
Section 801. Proceedings Upon Potential Modification or Termination, Any public
hearing conducted by the City Council pursuant to Section 705 shall be
subject to the following procedures and requirements. The City shall give
notice to the property owner of its intention to conduct a public hearing
which might result in modification or termination of the Agreement. The
notice shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the City proposes to terminate and/or
modify the development agreement; and
(c) Other information which the City considers necessary to inform the
property owner of the nature of the proceeding.
Section 802. Public Hearing. At the time and place set for the public hearing, the
property owner shall be given an opportunity to be heard. The property
owner shall be required to demonstrate good faith compliance with the
terms and conditions of the agreement. The burden of proof on this issue
shall be on the property owner. If the City Council finds, based upon
substantial evidence in the administrative record, that the property owner
has not complied in good faith with the terms and conditions of the
agreement, the City Council may, among other remedies, terminate or
modify the agreement and impose those conditions as part of the action it
takes as it considers necessary to protect the interests of the City. The
decision of the City Council is final.
* Any reference to City Manager herein shall be deemed to include hislher designee,
* END OF REGULATIONS *
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