Rancho Palos Verdes Municipal Code Ch. 17.82 Processing of Development Agreements

This chapter establishes the procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Government Code title 7, div. 1, ch. 4, art. 2.5 (Government Code § 65864 et seq.).

(Code 1981, § 17.82.010; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

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 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 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.

D. A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Such 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.

(Code 1981, § 17.82.020; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

Notice of the intention to consider adoption of a development agreement shall be given in accordance with the provisions of Government Code §§ 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.

(Code 1981, § 17.82.030; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

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.

(Code 1981, § 17.82.040; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

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.

(Code 1981, § 17.82.050; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

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 Government Code §§ 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.

(Code 1981, § 17.82.060; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

No later than ten 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 county recorder.

(Code 1981, § 17.82.070; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

At least every 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.

(Code 1981, § 17.82.080; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)

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.

(Code 1981, § 17.82.090; Ord. No. 326U, § 1(part), 1997; Ord. No. 327, § 1(part), 1997)