PC RES 1997-054P C RESOLUTION NO 97-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING
THAT CITY COUNCIL ADOPT AN ORDINANCE AMENDING
ARTICLE VII OF TITLE 17 TO ADD A NEW CHAPTER 17 82
TO CREATE A PROCEDURE FOR PROCESSING
DEVELOPMENT AGREEMENTS
WHEREAS, pursuant to state law, California Government Code Section 65864 et.
seq., cities can enter into development agreements with private property owners, provided
that the city's municipal code includes a procedure for processing such agreements, and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on October
14, 1997 at which time all interested parties were given an opportunity to be heard and
present evidence
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS
Section 1 The Planning Commission has reviewed and considered the proposed
amendment to Title 17 of the Municipal Code listed herein
Section 2 The proposed amendment to Title 17 listed herein is consistent with
California Government Code Section 65853, zoning amendment procedures
Section 3 The proposed amendment to Title 17 listed herein is consistent with the
Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does
not hinder, the goals and policies of those plans, in particular the amendment allows the
City flexibility in negotiating with private property owners to direct future growth towards
making a positive contribution to all elements of the community
Section 4 The proposed amendment to Title 17 listed herein are necessary to
preserve the public health, safety and welfare in the City
Section 5 For the foregoing reasons and based on the information contained in the
Staff Reports, Minutes and other records of the proceedings, the Planning Commission
hereby recommends to the City Council approval of the amendment to Article VII of Title
17 to add a new Chapter 17 82 (Processing of Development Agreements) and attached
hereto as Exhibit "A" in the form of a draft Ordinance
PASSED, APPROVED and ADOPTED this 14th day of October 1997 by the
following vote -
AYES. Commissioners Alberio, Cartwright, Slayden, and
Chairman Vannorsdall
NOES.
ABSTENTIONS
ABSENT. Commissioners Clark, Ng, and Vice Chairman Whiteneck
Donald E. Vannorsdall
Chairman
Carolynn Atru, AICP
Director of Planning, Building and
Code Enforcement and Secretary
to the Planning Commission
M-\IJSERSCAROLYNN\WPWINSO\OCEANTR\DEVAGREE\PCRESDVA ORD
PC Resolution No 97-54
Page 2 of 2
w
ORDINANCE NO
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 s....=. 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
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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.
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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
ATTEST.
PASSED, APPROVED and ADOPTED this _ day of , 1997.
CITY CLERK
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