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ORD 326U ORDINANCE NO. 326U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING THE PROCESSING OF DEVELOPMENT AGREEMENTS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: Article VII of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding a new Chapter 17.82 thereto to read as follows: Chapter 17.82 PROCESSING OF DEVELOPMENT AGREEMENTS Section 17.82.010 Purpose. This Chapter establishes the procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Section 65864 et seq. of the California Government Code. Section 17.82.020 Application. A. Only a qualified applicant may file an application for a Development Agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the Development Agreement, or an authorized agent of a person who has a legal or equitable interest. The Director may require an applicant to submit a title report or other evidence satisfactory to the Director to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant. B. An application for a development agreement may be filed concurrently with any other application(s) having a direct relationship to the property which is the subject of the proposed agreement. However, an application will not be accepted by the Director if the application is substantially the same as an application upon which final action has been taken by the City Council within twelve (12) months prior to the date of the subsequent application, unless accepted by motion of the City Council, or the prior application was denied without prejudice by the City Council. C. An application for a development agreement shall contain full and complete information and shall be made on a form provided for that purpose by the Department of Planning, Building and Code Enforcement, along with the applicable fee established by resolution of the City Council. D. A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Said agreement shall be in a form acceptable to the City Attorney. If deemed appropriate, the City Attorney may draft the initial agreement for review by the parties thereto. Any legal fees incurred by the City in drafting or reviewing a development agreement shall be reimbursed by the applicant. E. The Director may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the development agreement is consistent with the objectives of the City's General Plan and any applicable specific plan. Section 17.82.030 Notification. Notice of the intention to consider adoption of a development agreement shall be given in accordance with the provisions of Government Code Section 65090 and 65091, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement, if any. Section 17.82.040 Action by Planning Commission. A. The Planning Commission shall hold a public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in Section 17.82.030. The hearing may be continued from time to time. B. The Planning Commission shall determine whether the development agreement is consistent with the required findings for approval as contained in Section 17.82.060, and shall recommend to the City Council that the development agreement be approved, approved as amended, or denied. The Planning Commission's recommendation shall be set forth in a resolution. Section 17.82.050 Action by City Council. A. Upon receiving a recommendation from the Planning Commission on a proposed development agreement, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.82.030. The hearing may be continued from time to time. B. Following the closing of a public hearing, the Council shall determine if the development agreement is consistent with the findings contained within Section 17.82.060. If determined to be consistent, the City Council shall introduce an ordinance adopting the development agreement. Ordinance No. 326U Page 2 of 4 Section 17.82.060 Required findings for approval. Prior to taking an action to approve or recommend approval of a development agreement, the reviewing authority shall find as follows: A. The proposed development agreement conforms with the maps and policies of the General Plan and any applicable specific lan including,p 9� limitation, the City's Coastal Specific Plan. B. The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5. C. The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public. D. The proposed development agreement provides clear and substantial benefit to the residents of the City of Rancho Palos Verdes. Section 17.82.070 Recordation. No later than ten (10) days after the ordinance approving a development agreement becomes effective, the City Clerk shall record a copy of the development agreement with the office of the Los Angeles County Recorder. Section 17.82.080 Ongoing review. At least every twelve (12) months, the City shall review any approved development agreement to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form, materials, and fees as established by City Council resolution. Section 17.82.090 Amendments or repeal of approved development agreements. Any amendment or a repeal of a previously-approved development agreement shall be reviewed pursuant to the procedures outlined in this Chapter for a new application. Section 2: Urgency Findings. The City Council and Planning Commission of the City of Rancho Palos Verdes have determined that it is in the interest of the residents and property owners in the City that the Municipal Code contain uniform procedures relating to the adoption of development agreements. A development agreement has been prepared for the Ocean Trails project, and the developer of that project wishes the agreement be adopted as expeditiously as possible so that grading can commence on the site within the limited window of time allowed by weather conditions and the breeding season of the California Gnatcatcher. As conditioned by the City, grading cannot occur until the development agreement is approved, and the development agreement cannot be approved until these procedures have been adopted and are effective. Ordinance No. 326U Page 3 of 4 Accordingly, the City Council finds that it is necessary for this ordinance to become effective immediately so that the procedures set forth herein are effective immediately to protect and preserve the public health, safety and welfare and govern the adoption of the Ocean Trails Development Agreement. Based on these facts constituting the urgency, and passed by a four-fifths vote of this City Council, this ordinance is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately upon its adoption pursuant to Government Code Section 36937(b). PASSED, APPROVED and ADOPTED this 21st day of October 1997. . / .ira...r � 'AYOR , r, ATTEST: 14 li-bittt-efe-X---- C, CLERK State of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify certif that the whole number of members of the City Council of said City is five; that the foregoing Ordinance being Ordinance No. 326U, was adopted as an urgenc y ordinance on October 21, 1997 at a regular meeting of the City Council and that the same was adopted b y the following roll call vote: AYES: FERRARO, BYRD, HOLLINGSWORTH, LYON AND MAYOR McTAGGART NOES: NONE ABSENT: NONE ABSTAIN: NONE , /14, a A CITY CLERK n:cityclerk\res.ord\326U Ordinance No. 326U Page 4 of 4 ORDINANCE/RESOLUTION NO. 326U FILE: 1203 %V 0701 l SUBJECT: auLAADING THE PROCESSING OF DEVELOPMENT AGREEMENTS , AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF INTRODUCED: ADOPTED: 10/21/97 POSTED/PUBLISHED 10/24/97 ORDINANCE AND RESOLUTION DISTRIBUTION:, CITY ATTORNEY ' . PUBLIC WORKS DEPARTMENT /0/zyW97 RICHARDS, WATSON, & GERSHON PLAN. BLDG. & CODE ENFORCEMENT 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT. LOS ANGELES, CA 90071 CITY MANAGER DEPT. �,�9� FINANCE DEPT. BOOK PUBLISHING COMPANY _ HOMEOWNERS ASSOCIATION 201 WESTLAKE AVENUE N. APPLICANT SEATTLE, WA 98109 SCHOOL REGISTAR SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY - 825 SOUTH MAPLE AVE. NORWALK, CA 90651-1024 TORRANCE, CA 90503 . ATTN: MARGARET MILLER, ATTN: EXECUTIVE OFFICES ELECTIONS ADM. LEAGUE OF CALIFORNIA CITIES (STREET VACATIONS/EASEMENTS/ - 702 HILTON CENTER ABANDONMENTS/ NAME CHANGES/ LOS ANGELES , CA 90017 DEDICATIONS/TRAILS) L.A. COUNTY REGISTRAR-RECORDER LA COUNTY DEPT. OF PUBLIC WORKS/ 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATT: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 SPCA (OWNERSHIP, EXEMPTION & MAPPING DIV.) 5026 WEST JEFFERSON . BLVD. LOS ANGELES , CA 90717 __ SO. CALIFORNIA GAS COMPANY P.O. BOX 2944 TORRANCE, CA 90509 STATION COMMANDER 26123 NARBONNE AVENUE SO. CALIFORNIA EDISON COMPANY LOMITA, CA 90717 P.O. BOX 2944 TORRANCE, CA 90509 COX CABLE 43 PENINSULA __ CALIFORNIA WATER SERVICE COMPANY ROLLING HILLS EST. , CA 90274 5837 CREST ROAD WEST RANCHO PALOS VERDES CA 90275 I S fv42V/77 TITUTE OF GOVERNMENTAL S UDIES LIBRARY, 109 MOSES HALL GENERAL TELEPHONE COMPANY UNIVERSITY OF CALIFORNIA 22715 HAWTHORNE BLVD. BERKELEY, CA 94720 TORRANCE, CA 90505 vip I POSTED AT THE FOLLOWING LOCATIONS : PACIFIC TELEPHONE COMPANY I HESSE PARK RYAN PARK LADERA 19310 GATEWAY DRIVE, ROOM 208 LINDA PARK, U. S. POST OFFICE, TORRANCE, CA 90502 CITY HALL , FIRE STATION . f Orms/CTR.SH