Chapter 15.82 — DEVELOPMENT AGREEMENTS AND OTHER ACTIONS — Aliso Viejo Zoning Code

Chapter 15.82 DEVELOPMENT AGREEMENTS AND OTHER ACTIONS
Sections:
15.82.010 Development agreements.
15.82.020 Subdivisions.
15.82.030 Environmental review.
15.82.040 Development review permit.
15.82.010 Development agreements.
A. Purpose. Development agreements are adopted as discretionary actions by the city council to provide certainty in the review and approval of development projects in order to strengthen the public
planning process and provide for public facilities and infrastructure. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this section.
B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with California Government Code Section	65864 et seq. (as amended or	superseded)
governing the preparation, adoption and implementation of development agreements.
C. Development Agreement Required. For project applications which require either a general plan amendment or zone change plus a site development permit or use permit, a concurrent development
agreement application pursuant to this section shall also be required.
D. Review Procedures.
1. Application Forms. The director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of
development agreements. The application shall include as separate documents by reference the following information:
a. Duration of the agreement;
b. The permitted uses of the property;
c. The density or intensity of use of the property;
d. The maximum height and size of proposed buildings;
e. Provisions for reservation of dedication of land for public purposes;
f. Fiscal impact statement to include revenue generated to the city and benefits received by the developer;
g. Phasing and project completion date;
h. Consistency with the general plan and any applicable specific plan.
In addition to the above, the director may require an applicant for a development agreement to submit such other information and supporting data as the director deems necessary to process the application.
E. Fees. The city council may establish, and from time to time amend by ordinance or resolution, a schedule of fees imposed for the filing and processing of each application and documentation required by
this section.
F. Who May Apply. The following parties may apply for or initiate consideration of a development agreement:
1. The city council;
2. The owner of property or the owner’s agent (with notarized authorization from the owner) may apply for a development agreement covering the owner’s property.
G. Review Procedures. Development agreements shall be reviewed, approved or denied, and/or amended or canceled in accordance with the provisions of California Government Code Section		65864 et seq.,
as amended or superseded.
H. Required Findings. The following findings shall be made by the city council prior to approval of any development agreement:
1. Public Welfare. Approval of the development agreement will not create conditions materially detrimental to the public health, safety and general welfare.
2. General Plan Consistency. The development agreement is consistent with the goals, objectives, and policies of the general plan and any applicable specific plan. [Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126
§ 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.82.020 Subdivisions.
Tentative and final tract maps, parcel maps and related subdivision applications shall be processed in accordance with the Subdivision Map Act (California Government Code Section 66410 et		seq., as
amended or superseded) and the city’s subdivision code. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
Cross-reference: subdivisions, AVMC Title 14.
15.82.030 Environmental review.
All discretionary applications shall be processed in accordance with the California Environmental Quality Act (“CEQA,” California Public Resources Code Section	21000 et seq.), the State CEQA Guidelines
(California Code of Regulations, Title 14, Chapter 3, commencing with Section 15000) and the city’s environmental review procedures to determine the proposal’s potential environmental impacts. Funding
for the preparation of environmental impact reports and other environmental documents shall be provided in accordance with Chapter 15.90 AVMC. [Ord. 2011-136 § 29; Ord. 2010-126 § 1 (Exh. A); Ord.
2010-123 § 3 (Exh. A)].
15.82.040 Development review permit.
A. Purpose. The purpose of a development review permit is for the planning department to process certain types of nondiscretionary projects, ministerially. Development review permits shall be prepared,
reviewed, approved or denied, and maintained in accordance with the provisions of this section and this code, with the director of planning services serving as the review authority.
B. Review Procedures. The director shall prescribe the form of each application, notice and document provided for or required under this section for the preparation, processing and implementation of
development review permits.
C. Fees. The city council may establish, and from time to time amend by ordinance or resolution, a schedule of fees imposed for the filing and processing of each application and documentation required by
this section.
D. Who May Apply. The owner of property or the owner’s agent (with notarized authorization from the owner) may apply for a development review permit. [Ord.	2017-187 § 7].
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