§ 59.803. The Review Process.

Concurrency Management Official. The CMO shall review each application for a concurrency resolution agreement and, within thirty (30) days of the date the application is submitted, shall determine whether the application is sufficient. No application shall be deemed to be sufficient unless it contains all information which, in the professional judgment of the CMO, is reasonably necessary to evaluate the impacts of the proposed development on public facilities and services. Within the thirty (30) day period set out above, the CMO shall notify the applicant that: (a) the application is sufficient or (b) that the application is insufficient and that additional information is required. When additional information is required, the applicant and the CMO shall agree on a time frame for its submittal, based on the complexity of the information required. Failure to submit the required information in accordance with that schedule shall result in denial of the Concurrency Resolution Application.

[Evaluation.] When the CMO deems the application complete, the application shall be evaluated within forty-five (45) days in accordance with this Part to determine whether the development, as proposed or with conditions, would degrade the LOS set forth in this Chapter. If the CMO determines that the application cannot be approved, even with conditions, the applicant may appeal such denial pursuant to the procedures set forth in Chapter 65. If such development can be approved or approved with conditions, the CMO shall, within the forty-five (45) day period set forth above, issue a Concurrency Resolution Offer to the applicant, which at a minimum shall contain all information contained in a Concurrency Encumbrance Letter and any conditions deemed necessary in order to approve the development. The letter shall specify that the applicant shall have thirty (30) days to either accept the offer or to appeal the conditions to the Planning Official, in accordance with Chapter 65 of this Code. If the applicant accepts the offer, the CMO and the applicant shall agree, in writing, on a timeframe for preparation of a Concurrency Resolution Agreement. This timeframe shall be no less than thirty (30) days and no more than one hundred twenty (120) days. After the Concurrency Resolution Agreement is executed by the applicant, the CMO shall schedule the agreement for the next regularly scheduled City Council meeting, and no such Agreement shall be effective until approved by City Council.

City Council. The application and Agreement shall be forwarded to the City Council. Based on the application and the requirements of this Chapter, the City Council shall approve, approve with conditions, or deny the application and Agreement. Following approval of the Agreement by City Council, the Agreement shall be recorded in the public records of Orange County at the expense of the applicant.

Conditions. When the City Council approves any Concurrency Resolution Agreement, they may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Chapter, including any of the following.

(a)

Limit the manner in which the use is conducted, including restricting the density and intensity of the use.

(b)

Limit the height, size, location, density or intensity of a building or other structure.

(c)

Require phasing of the project.

(d)

Designate the size, number, location or nature of vehicle access points.

(e)

Increase the amount of street dedication, roadway width, or require construction of road improvements within the street right-of-way.

(f)

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

(g)

Specify other conditions to permit development of the City in conformity with the intent and purpose of this Chapter and the adopted Growth Management Plan.

[Enforcement.] Violation of such conditions and safeguards, when made part of the terms under which a Concurrency Encumbrance is approved, shall be deemed a violation of this Chapter subject to enforcement under the provisions of Chapter 5 of the City Code.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2017-4, § 1(Exh. A), 2-27-2017, Doc. #1702271206)