A. 
Ordinance or Resolution Required. The city council shall adopt specific plans, development agreements, planned development plans and amendments to the official zoning map, zoning code, specific plans, development agreements and planned development plans by ordinance. The city council shall adopt the general plan, and amendments thereto by resolution.
B. 
Initiation. The city council may initiate the legislative actions governed by this chapter. The planning commission, city manager or the director may initiate zoning text amendments, subject to city council concurrence. A person who has a legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on behalf of the applicant.
C. 
Annual Review and Schedule for General Plan Amendments. The planning commission shall establish a schedule for considering general plan amendments in compliance with the requirements of state law. At least one public hearing per year shall be scheduled to review the general plan and the schedule.
(Ord. 1598; Ord. 1611)
Unless otherwise indicated, the following procedure applies to applications filed by a property owner for a specific plan, development agreement, planned development plans, and amendments to the general plan, any specific plan, zoning map, and zoning code.
A. 
Application. The owner shall submit an application for each action governed by this chapter in accordance with Section 11.5.10.010: Application Forms and Fees.
B. 
Coordination of Multiple Applications. The director may require that any applications affecting the same property be processed concurrently. An application for legislative action is not a development project within the meaning of the Permit Streamlining Act (PSA) and thus such applications shall not be subject to the time limits specified therein for processing development project applications. Any PSA time periods applicable to applications for development projects processed concurrently with applications for legislative action do not commence until the effective date of the legislative action.
C. 
Initial Review. The director shall review each application to determine whether it is complete in accordance with Section 11.5.10.020: Review of Applications. If the application is complete, the director shall determine whether an initial study, negative declaration, environmental impact report, or other environmental documentation is required in compliance with applicable state and local requirements.
D. 
Preliminary Planning Commission or Council Review of General Plan Amendments, Specific Plans or Specific Plan Amendments. The director may recommend preliminary review by the planning commission or the city council of any general plan amendments, specific plans, or specific plan amendments.
1. 
Within 45 days after determining an application for a plan amendment or adoption is complete, the director shall prepare a written report for the reviewing body and place the preliminary review on the agenda at the earliest practicable date. The director shall analyze whether the proposed change:
a. 
Is compatible with the goals, objectives, and policies of the general plan and any applicable specific plan policies, zoning regulations, and design guidelines;
b. 
May have a significant impact on the environment; and
c. 
Necessitates the need for amendments to the zoning code.
2. 
Any resulting recommendations shall be considered advisory only and shall not be binding on either the applicant or the city. If the reviewing body directs staff to continue processing the proposed amendment or adoption, the direction shall not signify support for the proposed amendment or adoption. The reviewing body may identify any additional materials or documentation that it deems necessary to take action on the application.
(Ord. 1598)
At least 10 days before the date of any public hearing, the city shall provide notice in compliance with the requirements of Section 11.5.10.025: Public Notification. In addition, the city shall comply with the following requirements:
A. 
Coordination with General Plan Amendment Schedule. General plan amendments shall be scheduled in accordance with the city's annual general plan amendment schedule.
B. 
Coordination of Notices. The public hearing notice shall identify each proposed action to be considered at the public hearing.
C. 
Notice to Affected Service Providers. At least 10 days prior to the date of the public hearing, notice shall be sent to the Los Alamitos Unified School District and any other agency expected to provide essential facilities or services to the property that is the subject of the proposed action.
D. 
Notice of Intent to Approve Development Agreement. The city shall publish a notice of intent to consider adoption of a development agreement pursuant to Government Code Sections 65864 et seq., as may be amended from time to time.
(Ord. 1598)
A. 
Planning Commission Hearing and Action.
1. 
The planning commission shall conduct a public hearing on the proposed legislative action in conformance with Chapter 11.5.10: General Procedures. If an applicant has also applied for quasi-judicial action such as a subdivision, conditional use permit or variance, the commission shall consider those applications at the same hearing.
2. 
Within 30 days after concluding the hearing, the commission shall adopt a resolution recommending to the council its recommended action.
a. 
For city council initiated actions, failure of the commission to adopt a resolution shall be deemed to be a recommendation of approval.
b. 
For commission initiated actions, adoption of a resolution recommending disapproval or failure of the commission to adopt a resolution terminates the processing of the action.
c. 
For applications filed by property owners, adoption of a resolution recommending disapproval becomes final unless an appeal is filed with the city clerk within 10 days of the commission's adoption of the resolution.
B. 
City Council Hearing and Action.
1. 
The city council shall conduct a public hearing on the proposed legislative action in conformance with Chapter 11.5.10: General Procedures.
2. 
After the conclusion of the hearing, the city council may:
a. 
Adopt an ordinance adopting a specific plan, planned development plan, zone text amendment, zone change or development agreement.
b. 
Adopt a resolution approving the general plan or amendments thereto.
(Ord. 1598)
In general, no findings are required for legislative acts. Notwithstanding this general rule, the council shall make any environmental findings required pursuant to Chapter 11.5.35: Environmental Review, and determine whether the proposed action is consistent with the general plan and any applicable specific plan. Further, state law requires special findings for certain zoning decisions related to, for example, affordable housing.
(Ord. 1598)
Within one working day following the council action, the city clerk shall make the amendment available for public inspection. Within 2 working days following receipt of a request accompanied by payment of a reasonable cost for copying, the clerk shall provide copies of the documents to any person making such a request.
(Ord. 1598)
A. 
Development agreements provide a greater degree of certainty by granting assurance that an applicant may proceed with development in accordance with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved. A development agreement constitutes a contract, negotiated and voluntarily executed by the city and applicant that may contain any conditions, terms or provisions agreed upon by the parties.
B. 
The owner may request that the city treat an application for a development project as a development agreement application.
C. 
In addition to the processing fees set forth in Section 11.5.10.010: Application Forms and Fees, an owner shall deposit money with the city to pay all fees, costs, expenses and charges for: the filing and processing of the application; the administration of approved development agreements, including annual reviews; and any consultant fees and legal fees and costs incurred by the city in connection with the processing of applications and annual reviews.
D. 
The city council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the general plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed general plan or specific plan provisions which are to be adopted concurrently with the approval of the proposed development agreement. A finding of consistency may be made if, considering the general plan and/or specific plan as a whole and balancing competing provisions as appropriate, the city determines that the proposed development agreement does not conflict with the provisions of the general plan and/or specific plan.
E. 
Contents. A development agreement:
1. 
Shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability to successors in interest.
2. 
May include requirements for construction and maintenance of onsite and off-site improvements or payment of fees in lieu of such dedications or improvements.
3. 
May include conditions, terms, restrictions, and requirements for subsequent discretionary actions.
4. 
May include, without limitation, conditions and restrictions imposed by the city including any conditions and restrictions in order to eliminate or mitigate adverse environmental impacts of the project.
5. 
May provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
6. 
If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.
7. 
Shall contain an indemnity clause requiring the applicant to defend, indemnify and hold the city harmless against all claims arising out of or in any way related to the application, the agreement and the project including all legal fees and costs incurred by the city by counsel of the city's choice.
8. 
May include provisions to guarantee performance of obligations stated in the agreement.
F. 
The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in California Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.
G. 
Within 10 days after the ordinance approving the development agreement takes effect, the city manager shall execute the development agreement on behalf of the city, and the city clerk shall record the development agreement with the county recorder.
H. 
If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement for failure of the applicant to fully comply with its provisions, the city clerk shall record notice of such action with the county recorder.
I. 
Annual Review, Amendment or Cancellation. The director shall review each approved development agreement at least once a year at which time the applicant shall be required to demonstrate compliance with the provisions of the development agreement.
1. 
Initiation of Annual Review. The applicant shall initiate the required annual review by submitting a written request at least 60 days prior to the review date specified in the development agreement. The applicant shall also provide evidence as determined necessary by the director to demonstrate compliance with the provisions of the development agreement. The applicant shall bear the burden of proving by substantial evidence that it has complied with the provisions of the development agreement.
2. 
Finding of Compliance. If the director, based on substantial evidence, finds the applicant has complied with the provisions of the development agreement, the director shall issue a finding of compliance, that may be recorded with the county recorder after conclusion of the review.
3. 
Determination of Noncompliance. If the director determines the applicant has not complied with the provisions of the development agreement, the director may issue a noncompliance report and record it with the county recorder after it becomes final. The report shall specify all matters of noncompliance, required measures and a reasonable deadline for compliance. Alternatively, the director may refer the development agreement to the city council to determine compliance.
4. 
Appeal of Determination. Within 10 days after issuance of a finding of compliance or a determination of noncompliance, any person may appeal the action pursuant to Title 1: General Provisions, Section 1.20.005: Administrative Review, in which case the city council shall be the hearing officer as that term is used in Section 1.20.005: Administrative Review. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by city council resolution.
5. 
Decision is Final. The city's decision is final on the day:
a. 
The appeal period expires without appeal;
b. 
The city council takes action on any appeal.
J. 
Termination or Modification After Finding of Noncompliance. If applicant does not comply with any required measures within the deadline, the director may refer the development agreement to the city council for termination or modification. The city council shall conduct a public hearing in compliance with the provisions of Chapter 11.5.10: General Procedures; such hearing may be combined with any hearing or appeal regarding the development agreement. After the public hearing, the city council may: terminate the development agreement; modify the finding of noncompliance; impose additional compliance measures; or rescind the finding of noncompliance and issue a finding of compliance.
K. 
Termination or Modification by Mutual Consent. The parties may terminate or modify a development agreement by mutual consent. A development agreement may also specify procedures for director approval of amendments requested by the applicant.
L. 
Rights of the Parties After Termination. In the event that a development agreement is terminated, all rights of the applicant, property owner, or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the city may, in its sole discretion, keep any benefit, including reservations or dedications of land, and payments of fees, received by the city.
M. 
Effect of Development Agreement.
1. 
City Rules Apply. Unless otherwise specified in the development agreement, the city's ordinances, resolutions, rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those city ordinances, resolutions, rules, regulations and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable city ordinances or regulations pertaining to persons contracting with the city.
2. 
New Rules may be Applied. A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new ordinances, resolutions, rules, regulations and policies which do not conflict with those ordinances, resolutions, rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the city from denying or conditionally approving any subsequent discretionary land use entitlement or authorization for the project on the basis of such existing or new ordinances, resolutions, rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future required discretionary land use entitlements.
3. 
Rules Affecting Development Agreement. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law.
(Ord. 1598)
A. 
Minimum Area. The minimum area for an area proposed for a specific plan shall be 2.5 acres.
B. 
Development Standards and Regulations. All property, uses and development within a specific plan's area shall conform to the development standards and regulations and any provisions of that specific plan. Whenever the city adopts a specific plan relating to the development of a designated area of the city, as that term is used in Section 65450 et seq. of the Government Code of the State of California, as may be amended, the provisions and specifications of such an adopted specific plan shall supersede any conflicting provisions of this title without regard as to whether the provisions and specifications of such specific plan are more or less stringent than the provisions of this title.
C. 
Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or an amendment to a specific plan, particular care must be exercised in the establishment of building height development standards for each specific plan under the provisions of Section 11.3.25.010A. Factors to be carefully weighed shall include, but not be limited to, the planning district in which the specific plan is to be located, the former zoning of the specific plan site, height of existing buildings immediately surrounding the specific plan site and the effect of the building height on the areas surrounding the specific plan site. No building within the SPR Zone shall exceed a height of 39 feet, except for nonhabitable architectural features of any proposed buildings, in that portion of the city known as the coastal zone as defined by the California Coastal Act, or north of the San Diego Freeway, except such portions thereof which are zoned LM, Light Manufacturing, on October 14, 1985. The provisions of this section shall not apply to any validly existing specific plan approved by the city prior to October 14, 1985.
(Ord. 1598)