SR-410-000-01
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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
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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lS hereby repealed or modlfied to that extent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.
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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
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