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Home My WebLink AboutRESO 6597,. ORIGINAL RESOLUTION NO. 6597 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ESTABLISHING PROCEDURES AtW REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREBMENTS W!IEREAS, ti"e State legislature has found and declared that: •(a) The lack of certainty in the approval of developmental projects can result in a 4aste o~ resour~es, escalate the cost of housing and other developmer.t to the consumer, and discourage in- ve~tment in and commit~ent to c~mprehensive planning which would make maximum efficient utilization of resoarces at the least eco· nomic cost to the public. (b) Assurance to the applic•nt for a development project that upon approval of the proje~t, the a~plicant may proceed with the project in accor~once with existing policies, rules and regu- lations, and subject to conditions of approval, will strengthen t~e public planning process, encourage private participation ir comprehensive planning, and reriuce the economic costs of de~elop ment. (c) The lack of public facilitiea, including~ but nQt limi- ted to, streets, sewerage, transportation, drinkin~ water; school and utility facilitias, is a serious impediment to the develoi)ment of new housing. Whenever possible, applicants and local gov&rn- ments may include provisions in agreemen~s whereby applicants are reimbursed over time for financing public facilities.• (Govern- ment Code Section 65864); and WHEREAS, the legislature therefore adopted Gnvernment Code Sections 65864 through 65869.S authorizing cities to enter into development agrea•ents1 and WHEREAS, Go~ernment Coda section 65865(c) requires that cities shall, if requested by an applicant, estdblish procedures and requirements for consideration of development agree•ents. Nai, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as ~allows: SECTION l. Authorization for ddoption. These procedures are adopted under the authOrlty of GOvernaent Code Sections 65864- 65869. S. SECTlvN 2. Authorization. (a) The City ••Y enter into a development agreeaent with any pera..:n ha\~ng • legal o~ equitable interest in real property with- in the Citi Cor the development of the property as provided in this resolution. l. (b) The City may enter into a development agreement with any person having a legal or eqvitable interest in real property in unincorporated territory within the City's sphere of influence for thr development of the property as provided in this resolution. However, the agreement shall not become operative unless annexa- tion proceedings annexing the property to the city are completed within the period ot time specifiAd by the agreement. If the annexation is not compl<ted within the time specified in the agreement or any extension of the agreement, the agreement is null and void. ,!ECTION 3. Application. Application for a developme11t agreem4nt shall be made to the Department of Planning and Com- munity Environment on a form prescribed by the department. ·rhe application shall be accompanied by the fee prescribed by the municipal fee schedule, no part of which shall be returnable to the applicant. SECTION 4. C~ntents. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the df'.:;.si'\~y or intensity of use, the ma.xi11um height and size of proposed buildings, and provisions for reservation or dedication of ::;.and fo.:-public purposes. The developmer.t agreemdnt may in- clude conditions, terms, restrictions, and requirements lor subse- quent discretionary act!.on&, provided that such condition~, termst restrictions, and requireaents 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 agree- ment. The agreeMent may 9rovide that construction shall be com- menced within a specified time and that the project or any phase thereof b~ completed within a spe~ified time. The agreement may also inclt,de ter"'ls anci conditions relating to applicant financing of necessAry public facilities and subs&- quent reimbursement over ti••· SECTION 5. Rules, re,ulations and ofticial policies. Unless otherwise providea by the development agreement, rules,-regula- tions, and official policies governt.n~ permitted uses of the land, governing density, and governing design, improvement, and con- struction standards ~nd specifications, applicable to development of the property subject to a development agreement, ~hall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the City, in aubs~quent actions applicable to the pro- perty, from applying new rules, cegulations, and policies which do not conflict with those rules, regulations, ~nd policies appli- cable ta the pro9erty aa aet forth in the development agreement, nor shall a development agr••~•nt prevent the City from denying or conditior • .-lly approving any subsequent development project .!ppli- cation on the basis of auch existing or new rules, regulations, anc3 policies. 2. SECTION 6. Public hearin~ and notice of intention to con- sider adoption. A public hear ng on an application for a develop- ment agreement shall be held by the Planning Commission snd by the City Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Palo Alto Municipal code section 18.98.060, in addition to any other notice required by law for other actions to be considered concurrently with the development a~reement. SECTION 7. Lagislative Act. A development agreement is a legialative act which shall be approved by ordinance and is sub- ject to referendum. A development agreement shall not be approved unless the legislative body finds that the provisione of the agreement are con~istent ~i~h the City's general plan and any applicable spec~.fic plan. SEC~ION 8. Amendment or terrintaion. {a) Periodic revieu. The Director of Planning and Community Environment shall review the development agreeme.1t at least every 12 m~nths, at which time the applicant or successor in interest thereto, shall be required to demo~strate good faith compliance with the t~ ·ms of the agree•ent. If, as a result of such periodic review, the director determines that, on the basis of substantial evidence, the ag~eement has not been complied with in good faith, or that the failure of the City to terminate or modify the pro- visions of the development agreement would place the residents of the territory subject to the development agreement, or the resid9nts of the City, or both, in a condi~ion dangerous to their health or safety, or both, the Planning Commission and City coun- cil shall hold a public hGaring to consider terminating or modi- fying the a~reea!ent. ~ • .;tice of such hearing shall be given as ~rovided in Palo Alto Municipal Code section 18.98.060. If the City Coun~il determines, on the basis of substantial evidence, that the applicant or succer.t'or in interest: thereto hss not com- plied in good faith with the terms or conditions of the agreement, or that the failure of the City to terminate or. modify the pro- visions of tl.e development agreement would place the residents of the territory subject to the development agreement, or the resi- dents of the City, or b.:>th, in a condition dangerous to tneir health or safety, or both, tne Council may terminate or modify the agreement. (b} Mutual consent. A development agreement may be amended, or canceled in wnole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of and public hearing regarding an intention to amend ur cancel any por- tion of the agreement shall be giv•n and held in the manner pro- vided in Palo Alto Municipal Code Section 18.98.060. An amendment to an agree11ent .shall be su~ject to the provisions of Section 7 of this resolution. (c) State or federal lows and regulations. !n the eve~t that state or feder:1i lave or regulations, enacted after a l. • • development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agree- ment, such proYisions of the a9reement shall be modified or sus- pended as inay be necessary t~ comply with such state or federal laws or regulations. SECTION 9. Enforcement. Unle~s amenued or canceled pursuant to Section 8 herein, a development agreerent shall be enforceable by any party thereto, notwithstanding any change in any applicable general or specific pl-an, zoning, subdivision, or buildil.g req'-lla- tion adopted by the City, which alters or amends the rules, r·egu- lations~ or policies specified in Section 5 herein. SECTION 10. Recordation. No later than 10 days after the City enters Into a development agreement, the City shall record with the county recorder a copy of the agreement, which ehall describe the land subject thereto. From and after the ti•~ of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the bene- fits of the agreement shall inrre to, all successors in interest to the parties to the agreement. SECTION 11. The Council fi;..:Ss that the adoption of this resolution is not a project for the purposes of the Cailifornia Environmsntal Quality Act, and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: March 9, 1987 AYES: NOES: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Sutorius, Woolley Renzel ABSTENTIONS: None ABSENT: None ... APPROVED: Mayor APPROVED: ~~ oreaoroY~nnnf7 Coamunity l!'.nvironaent