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ORD 356 ORDINANCE NO. 356 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.86.050 (ENFORCEMENT) OF TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE FILING OR PROCESSING OF VIEW RESTORATION, VIEW PRESERVATION, CITY TREE REVIEW APPLICATIONS OR ANY OTHER APPLICATION FOR DEVELOPMENT OR USE BY AN OWNER OF A LOT THAT IS IN VIOLATION OF THE CITY'S MUNICIPAL CODE. WHEREAS, on February 15, 2000 a City-initiated Code Amendment was approved by the City Council for review by the Planning Commission; and WHEREAS, after notice was given pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on March 14, 2000, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendment to Title 17, as set forth in the Planning Commission Staff Report of that date; and WHEREAS, at their March 14th meeting, the Planning Commission directed Staff to further investigate the proposed language and continued the public hearing to March 28, 2000; and WHEREAS, at their March 28, 2000 meeting, the Planning Commission reviewed and considered the proposed code amendment to Title 17 and forwarded its recommendations to the City Council; and WHEREAS, on April 1, 2000 a notice of a public hearing on this code amendment was published in the Palos Verdes Peninsula News; and WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on April 18, 2000, at which time all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendment to Chapter 17.86 of Title 17 of the Municipal Code. Section 2: The City Council finds that the amendment to Title 17 of the Municipal Code is consistent with California Government Code Section 65853, the zoning amendment procedures. Section 3: The City Council finds that the amendment to Title 17 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 4: The City Council finds that the amendment to Title 17 is substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendment to Title 17 shall be construed as a restatement and continuation of the previous provisions and not as a new enactment. Section 5: The City Council further finds that there is no substantial evidence that the amendment to Title 17 will result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendment is a clarification and a minor non-substantive revision to the Development Code. An addendum to the prior Negative Declaration has been prepared and is attached hereto as Exhibit `A'. The City Council hereby finds, based on its own independent judgement, that the facts stated in the addendum are true because the minor revision to the Development Code will strengthen the Code by preventing development on lots where code violations exist. Section 6: The City Council finds that the amendment to Title 17 is necessary to preserve the public health, safety, and general welfare in the area. Section 7: Paragraphs A and C of Section 17.86.050 of Chapter 17.86 of Title 17 of the Rancho Palos Verdes Municipal Code are hereby amended to read as follows: 17.86.050 Disqualification for violation. A. The city shall not accept for processing or grant: 1. Any application for a development, use or other permit or entitlement on any lot or parcel on which the director has verified that a violation of this Municipal Code exists; or, 2. A View Restoration or a View Preservation application or an application for a City Tree Review permit submitted by the owner of a lot or parcel on which the director has verified that a violation of this Municipal Code exists. Ordinance No. 356 Page 2 of 4 An application may be accepted or granted by the city if the subject lot or parcel is brought into compliance with this Municipal Code, either by removing the violation or by submitting an application to legalize the violation and a permit or approval is granted pursuant to Section 17.86.050(B) of this chapter. C. A determination of violation pursuant to paragraph A and a permit or approval granted pursuant to Paragraph B of this Section 17.86.050 may be appealed by any interested person Pursuant to Chapter 17.80 (Hearings, Notices, and Appeal Procedures) of this Title. Section 8: The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17, as they existed prior to the effective date of this ordinance. Section 9: The amendment to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all applications, including, but not limited to View Restoration, View Preservation or City Tree Permits, submitted after the effective date of this ordinance. Section 10: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law. PASSED, APPROVED and ADOPTED this 2nd day of May, 2000. 3 Y9 Ma r ATT-ST: 44. City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) Ordinance No. 356 Page 3 of 4 I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 356 passed first reading on April 18, 2000, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 2, 2000 and that the same was passed and adopted by the following roll call vote: AYES: Lyon, Ferraro, McTaggart, Stern, and Mayor Byrd NOES: none ABSENT: none ABSTAIN: none / �. City,lerk Ordinance No. 356 Page 4 of 4 ADDENDUM NO. 5 TO ENVIRONMENTAL ASSESSMENT/ NEGATIVE DECLARATION (EA/ND) NO. 694 MAY 2, 2000 On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found: 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments; 2) that many of the amendments were clarifications and minor non- substantive revisions; and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties, and therefore, upon the environment. The City Council is currently considering an amendment to Title 17 of the Development Code, prohibiting the filing or processing of View Restoration or View Preservation applications or applications for a City Tree Review permit or for any other development or use by an owner of a lot that is in violation of the Municipal Code. The proposed amendment clarifies the existing Code requirements and will not result in any new significant environmental effects. As such, the City Council has independently reviewed this item and determined that the proposed amendment will not result in any new significant environmental effects and will actually reduce impacts upon the environment. Furthermore, the City Council finds that the amendments are within the scope of EA/ND No. 694 that were prepared and adopted in conjunction with the amendments to Titles 16 and 17, that were adopted on April 19, 1997 by the City Council. As a result, no further environmental review is necessary. Exhibit "A" Ordinance No. 356 Page 1 of 1 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on June 15, 2000 she caused to be posted the following document entitled: ORDINANCE NO. 356 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.86.050 (ENFORCEMENT) OF TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE FILING OR PROCESSING OF VIEW RESTORATION, VIEW PRESERVATION, CITY TREE REVIEW APPLICATIONS OR ANY OTHER APPLICATION FOR DEVELOPMENT OR USE BY AN OWNER OF A LOT THAT IS IN VIOLATION OF THE CITY'S MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U.S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Ryan Park Rancho Palos Verdes 30359 Hawthorne Blvd., Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and co ect affadavit of posting. I / / City Clerk W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 wwvv.palosverdes.com/rpv