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SR-410-000-01 .r--~ ~ - tj/()-tJtJtJ - 0/ CA:RMM:rm 9818 C1ty Councll Meetlng 5-8-84 Santa Monica, Cal1fornia STAFF REPORT 1-A MAY - B IJlI4 TO: Mayor and City Council FROM: ci ty Attorney SUBJEC l' : Ord~nance Establ1shing Development Agreement Monitoring Fee At 1ts meetlng on March 27, 1984, the Clty Cauncll directed the City Attorney to prepare an ordinance establlshlng a development agreement monltorlng fee. In response to this directlon, the accampanYlng ordinance has been prepared and is presented for Clty Councll conslderation. On February 9, 1982, the City Council adopted Ordinance Number 1245 (CCS) adding Chapter 8 to Artlcle IX of the Municipal Code relating to development agreements. Section 9818 provides for the perlodic revlew of development agreements. The accoMpanying ordinance amends Municipal Code Section 9818 to add a new subd~vislon relating to development agreement monitorlng fees. REcmU1ENDATIOR It 15 respectfully recommended that the accompanying ordlnance be introduced for f1rst reading. PREPARED BY: Robert M. Myers, Clty Attorney ~"A MAY - 8 1984 ~---- . . fa1th compliance w1th the terms of the development agreement. (d) If, as a result of such public reV1ew, the C1ty Council finds and determ1nes, on the basis of substant1al eV1dence, that the applicant or successor in 1nterest thereto has not complied 1n good faith with the terms or condit10ns of the development agreement, the City Council enforce, may commence mod1fy or proceed1ngs to terminate the development agreement. (e) Clty Counell shall establish and from t1me to time amend by resolution a development agreement monitor1ng fee. This fee shall cover the actual costs of the Clty 1n perlod1cally review1ng the development agreement as required by thlS Sectlon. The fee shall be appl1cable only 1n connect1on with any development agreements approved after the date of adoptlon of th1S subdivision. SECTION 2. Any provis1on of the Santa Mon1ca Munlcipal Code or appendices thereto inconsistent w~th the prov~s~ons of this ordlnance, to the extent of such 1nconsistencies and no further, lS hereby repealed or modlfied to that extent necessary to affect the provislons of this ordlnance. 2 J . . SECTION 3. If any sectlon, subsectlon, sentence, clause or phrase of this ord1nance 18 for any reason held to be 1nval1d or unconstltutlonal by a deC1Slon of any court of competent ]urlsdlctlon, such dec1sion shall not affect the validlty of the remalning port1ons of the ordinance. The City Council hereby declares that it would have passed this ordlnance and each and every sectlon, subsectlon, sentence, clause, or phrase not declared invalld or unconstltutional w1thout regard to whether any portion of the ordinance would be subsequently declared lnvalid or unconstltutlonal. SECTION 4. The Mayor shall slgn and the City Clerk shall attest to the passage of thls ordlnance. The Clty Clerk shall cause the same to be published once in the official newspaper within 15 days after its adopt1on. The ordlnance shall become effective 30 days from its adoptlon. APPROVED AS TO FORM: ao.&.... ~L pq ROBERT M. MYERS C1 ty Attorney 3