ORD 327 ORDINANCE NO. 327
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REGARDING THE PROCESSING OF
DEVELOPMENT AGREEMENTS AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE
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.
971009 R6876-00001 pjn 0692011 (2)
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.
971009 R6876-00001 pjn 0692011 (2) - 2 - ORD. NO. 327
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 plan including,
without 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.
971009 R6876-00001 pjn 0692011 (2) - 3 - ORD. NO. 327
PASSED, APPROVED and ADOPTED this 5th day of November, 1997.
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► A OR V
ATTEST:
,
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1 _
CI a CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO P U RC E LL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance being Ordinance No. 327 passed first reading on October 21, 1997, was
duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on November 5, 1997, and that the same was passed and adopted by the
following roll call vote:
AYES: Byrd, Ferraro, Hollingsworth, Lyon and Mayor McTaggart
NOES: None
ABSENT: None
ABSTAIN: None
ITY CLERK
971009 R6876-00001 pjn 0692011 (2) — 4 - ORD. NO. 327
ORDINANCE/RESOLUTION NO. Ord, 327 FILE: 1203 x 1801
SUBJECT: REGARDING THE PROCESSING OF DEVELOPMENT AGREEMENTS AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE
INTRODUCED: ] 0/21/97 ADOPTED: 11/5/97 POSTED/PUBLISHED //' /,2- ?7
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