Hermosa Beach Municipal Code Ch. 17.80 Development Agreements

Contents:

17.80.010 Purpose.

17.80.020 Applicability.

17.80.030 Review authority.

17.80.040 Procedures.

17.80.050 Required findings.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

This Chapter establishes procedures and requirements for considering and entering into a voluntary legally binding agreements, with applicants for development projects, as authorized in Government Code Sections 65864-65869.5. The development agreement is intended to provide assurance to the City that a proposed project will proceed to its completion in compliance with the plans submitted and provides assurance to the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

A voluntary agreement that may be initiated by a property owner, or by the Director, for a complex or multi-phase development project that is consistent with the General Plan.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

The Planning Commission shall act as the advisory body for all Development Agreements and provide its recommendation to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Development Agreement.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

1. Processing Proposed Development Agreements. A Development Agreement which may be proposed by the City or any person having a legal or equitable interest in real property shall be processed in the manner of a Zone Change as provided in Article 15 and shall conform to the requirements of Article 2.5 (commencing with Section 65864) Division 1, of the Government Code entitled "Development Agreements."

2. Development Agreement Content All development agreements shall contain the following provisions:

3. Duration of the agreement;

4. Permitted uses for the subject property;

5. Density or intensity of the permitted uses;

6. Approved site plans, elevations, floor plans and sections, including the maximum height and size of proposed buildings;

7. Provisions, if any, for reservation or dedication of land for public purposes or other contribution to public improvements and amenities of benefit to the City;

8. Protection from either a future growth control ordinance or a future increase in development impact fees;

9. Provisions that address the applicable environmental review for the project;

10. Provisions requiring periodic review of the Development Agreement;

11. Provisions that would necessitate a reconsideration or amendment of the development agreement if any health and safety issues of compelling public necessity are discovered (i.e., a new environmental health hazard is discovered);

12. Provisions for the expiration and extension of said expiration of the agreement.

13. Provisions to amend or cancel, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with state law (Government Code Section 65868).

14. Provisions which are appropriate and acceptable to the City Attorney, that the developer shall commence construction or satisfy other requirements within a specified timeframe; and

15. Any other terms determined to be appropriate and necessary including provisions for payment to the City.

16. Periodic Review Requirement.

17. The Planning Commission shall review the Development Agreement every 12 months, unless otherwise specified in the Development Agreement, after the approval of the agreement for the life of the project to determine whether the contracting party or the successor has complied in good faith with the terms and conditions of the Development Agreement.

18. The applicant shall initiate the review by filing a request for review along with the corresponding fee established by City Council within

60 days prior to the anniversary of the date of approval. The applicant shall submit evidence demonstrating the applicant’s good-faith compliance with the Development Agreement.

3. If as a result of this review, the Planning Commission finds and determines time of annual review, on the basis of substantial evidence, that the contracting party or the successor in interest has not complied with, a report shall be made the City Council, and referred to the City Attorney’s office for action.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

The following findings shall be made before approval of a Development Agreement or amendment:

1. The Development Agreement is in the best interests of the City, promoting the public interest and welfare through public benefits; and
2. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance.

(Ord. # 26-1500 §5 (Exh. N), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026