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PC RES 1997-056P C RESOLUTION NO 97-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT WITH THE DEVELOPER OF THE OCEAN TRAILS PROJECT WHEREAS, on September 17, 1996, the City Council adopted Resolution No 96- 80, with the concurrence of the Ocean Trails property owners, requiring the property owners to enter into a Development Agreement with the City to provide for substitute funding methods in lieu of those previously contemplated as part of the original project approvals in 1992, and, 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 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 Section 2: The proposed Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869 5 Section 3 The proposed Development Agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public since the project will be constructed in accordance with the last revisions that were made to the project by the City Council in September 1996 (Revision "C") and the Planning Commission in September 1997 (Conditional Use Permit No 163 - Revision "D") Section 4 The proposed amendment to Title 17 listed herein are necessary to preserve the public health, safety and welfare in the City, since the Development Agreement will provide a method to substitute revenue sources that have either been eliminated or severely compromised since the original approval of the project and guarantees that the public amenities and open spaces created as part of this project will be property maintained in the future Section 5. The proposed Development Agreement provides clear and substantial benefit to the residents of the City of Rancho Palos Verdes, since the Development Agreement will provide a method to substitute revenue sources that have either been eliminated or severely compromised since the original approval of the project and guarantees that the public amenities and open spaces created as part of this project will be property maintained in the future 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 Development Agreement with the developers of the Ocean Trails project attached hereto as Exhibit "A". PASSED, APPROVED and ADOPTED this 14th day of October 1997 by the following vote. AYES Commissioners Alberio, Cartwright, Slayden, and Chairman Vannorsdall ABSTENTIONS. ABSENT. Commissioners Clark, Ng, and Vice Chairman Whi teneck Carolynn Petru, AICP Director of Planning, Building and Code Enforcement and Secretary to the Planning Commission M \USERS\CAROLYNN\WPWIN60\OCEANTR\DEVAGREE\PCRESDVA.AGR P.C. Resolution No 97- 56 Page 2of2