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ORD 513U ORDINANCE NO. 513U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS) OF THE DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC PLAN DISTRICT VII" FOR EASTVIEW PARK, AND DECLARING THE URGENCY THEREOF. WHEREAS, on November 8, 1989, the City Council adopted Ordinance No. 248, thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII") for the purpose of regulating the use and development of Eastview Park, located at 1700 Westmont Drive; and, WHEREAS, for some unknown reason, "Specific Plan District VII" was never codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan Districts) of Title 17 of the Rancho Palos Verdes Municipal Code; and, WHEREAS, on July 20, 2010, the City Council authorized the initiation of the Specific Plan Clean-Up Code Amendment (Planning Case No. ZON2010-00223) to correct the omission of "Specific Plan District VII" from Chapter 17.38 (Specific Plan Districts); and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on August 24, 2010, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Chapter 17.38 of Title 17 as set forth in the Planning Commission Staff report of that date, and adopted P.C. Resolution No. 2010-27, thereby forwarding its recommendation of approval for the proposed Specific Plan Clean-Up Code Amendment to the City Council; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes determined that there is no substantial evidence that the approval of Planning Case No. ZON2010-00223 would result in a significant adverse effect on the environment. Accordingly, Addendum No. 1 to the Negative Declaration prepared in conjunction with the adoption of Ordinance No. 510 was prepared and is attached to this Ordinance; and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council conducted a public hearing on September 21, 2010, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed Specific Plan Clean-Up Code Amendment, as set forth in the City Council Staff report of that date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendments to Chapter 17.38 of Title 17 of the Municipal Code. Section 2: The City Council finds that the amendments to Chapter 17.38 of Title 17 of the Municipal Code are consistent with California Government Code Section 65853, Zoning Amendment Procedures. Section 3: The City Council finds that the amendments to Chapter 17.38 of Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that merely correct an existing error in Chapter 17.38 and make other non-substantive changes that will reduce confusion regarding the City's specific plan districts in the future, which changes shall help to preserve and enhance the community's quality living environment, and enhance the visual character and physical quality of existing neighborhoods. Section 4: The City Council finds that the amendments to Chapter 17.38 of Title 17 are necessary to preserve the public health, safety, and general welfare in the area. Section 5: The City Council further finds, based upon its own independent review, that there is no substantial evidence that the minor amendments to Chapter 17.38 of Title 17 proposed under the Specific Plan Clean-Up Code Amendment would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified the Negative Declaration, adopted through Resolution No. 2010-43 in conjunction with Ordinance No. 510 for amendments to miscellaneous provisions of Title 17 of the Municipal Code for the Residential Development Standards Steering Committee Code Amendment and Zone Change, since the new amendments would merely correct the omission of an existing specific plan district from the Municipal Code and re-title the existing specific plan districts listed in Chapter 17.38. Addendum No. 1 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 judgment, that the facts stated in the Addendum are true because the revisions to Chapter 17.38 of Title 17 of the Municipal Code are minor in nature and will have no significant adverse environmental impacts. Section 6 Chapter 17.38 of Title 17 is hereby revised to read as follows (the underlined text represents new language and the text represents deleted language): Chapter 17.38 - SPECIFIC PLAN DISTRICTS 17.38.010 - Purpose. 17.38.020 - Establishment. Ordinance No. 513U Page 2 of 5 17.38.030 -Area delineation. 17.38.040 - Content. 17.38.050 - Conflict with other code provisions. 17.38.060 - ' " Coastal specific plan district. 17.38.0 70 - - e--' = . - e' Western Avenue specific plan district 1. 17.38.080 - - :--" : - - e' Western Avenue specific plan district 2. 17.38.090 - - •--• • • - - •• . Western Avenue specific plan district 3. 17.38.100 - Eastview Park specific plan district. 17.38.010 - Purpose. A specific plan district designates functionally interrelated geographic areas where detailed studies are being conducted. These studies shall provide the means for coordinating, balancing and regulating the development of property within a specific plan district in order to provide consistency with the goals of the general plan. 17.38.020 - Establishment. The planning commission may, or if so directed by the city council, shall, designate districts for which specific plans shall be prepared based on the general plan and recommend regulations, programs and legislation as may, in its judgment, be required for the implementation of the general plan. A specific plan district may be designated while a specific plan is in progress or following its completion. The planning commission may recommend such plans and measures to the city council for adoption according to the provisions of California Government Code Sections 65450 through 65457, which are incorporated into this chapter by this reference, as if fully set forth. 17.38.030 -Area delineation. Each specific plan district must encompass an identifiable, functionally interrelated, geographic area. A definite boundary shall be shown or described, although the plan documents may show or provide information concerning land outside the area for reference purposes. 17.38.040 - Content. A specific plan may include maps, plans, diagrams, models and text, which shall include, at a minimum, the information required by California Government Code Sections 65451 and 65452. 17.38.050 - Conflict with other code provisions. In the event that the regulations or requirements of a specific plan district are in conflict with other applicable provisions of this title, the specific plan shall govern. 17.38.060— Coastal specific "' plan district i. _ • -_• • - - : . • • - - The coastal specific plan district. This district comprises all land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated on the city's official zoning map. The provisions and requirements for this district are set forth in Chapter 17.72 (Coastal Permits). Ordinance No. 513U Page 3 of 5 17.38.070- Western Avenue specific SpeGifio plan district 111. Western Avenue specific-SpeGifiG plan district 111 encompasses The Terraces shopping center at the southwest corner of Caddington Drive and Western Avenue (28901, 28824-28947 Western Avenue). The plan strives to provide a safe, convenient and attractive commercial development related to the needs of the area. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. 17.38.080- Western Avenue specific-SpeGifio plan district 2 M. Western Avenue specific SpeGifio plan district 2 III encompasses the west side of Western Avenue, south of Crestwood Street to the city boundary (29505-29701 Western Avenue). The plan establishes a guide for the comprehensive renovation of the existing commercial development. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. 17.38.090- Western Avenue specific SpeGific plan district 3 1-v. Western Avenue specific SpeGifio plan district 3 I-V encompasses all properties which front on the west side of Western Avenue from, and including, 29019-29421 Western Avenue. This area is located between Western Avenue specific plan districts 1 11 and 2 M. This plan encourages quality renovation and development that builds on the opportunities available to this area and eliminates, or reduces, the constraints this area faces. The plan proposes cohesiveness in design to suggest an identity for the site as well as for the city. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. 17.38.100- Eastview Park specific plan district. The Eastview Park specific plan district encompasses Eastview Park, located at 1700 Westmont Drive. The property is owned by the Los Angeles County Sanitation Districts and provides a secure access point for the Districts' Joint Outfall System sewer lines. The city leases the property from the Districts for park purposes. The plan ensures that the park is maintained and developed for passive recreational use that is compatible with the surrounding residential and commercial lands uses and preserves the Districts' rights and ability to access and maintain the underground sewer lines. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. Section 7: In order to protect the public health, safety and welfare it is necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance to correct the omission of Specific Plan District VII for Eastview Park from Chapter 17.38 of Title 17, and to re-title the City's existing specific plan districts. The urgency in this case is that, on November 2, 2010, the City's voters will be asked to consider the Marymount College Initiative, which would (among other things) create a new specific plan district in the City. However, if this initiative passes before the corrected language of Chapter 17.38 is effective, it will lead to confusion in the language and organization of Chapter 17.38 since the proposed specific plan Code citation and name under the Marymount College Initiative would be out of sequence with those of existing and Ordinance No. 513U Page 4 of 5 previously-proposed specific plan districts in the City. Therefore, this ordinance is necessary for the public health, safety and welfare and shall take effect immediately upon adoption as an Urgency Ordinance. Section 8: 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 21ST DAY OF SEPTEMBER 2010. • 41/.1 i / ■if / MA •R ATTEST: C7717 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, CARLA MORREALE, 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. 513U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on September 21, 2010, and that the same was passed and adopted by the following roll call vote: AYES: Campbell, Misetich, Long and Wolowicz NOES: None ABSENT: Stern ABSTAIN: None CITY CLERK Ordinance No. 513U Page 5 of 5 ORDINANCE NO. 513U — EXHIBIT `A' ADDENDUM NO. 1 TO NEGATIVE DECLARATION SEPTEMBER 21, 2010 Project Background: On June 1, 2010, the City Council adopted Resolution No. 2010- 43, thereby adopting a Negative Declaration for miscellaneous amendments to Title 17 of the City's Municipal Code to enact the Residential Development Standards Steering Committee Code Amendment and Zone Change (Ordinance No. 510). Prior to its adoption, the Negative Declaration was circulated for public comment from April 1, 2010, through May 1, 2010. In adopting the Negative Declaration, the City Council found that: 1) the Negative Declaration was prepared in the manner required by law and that there was no substantial evidence that, with appropriate mitigation measures, the approval of the Residential Development Standards Steering Committee Code Amendment and Zone Change (Planning Case No. ZON2007-00377) would result in a significant adverse effect upon the environment; and 2) that the Residential Development Standards Steering Committee Code Amendment and Zone Change were consistent with the Rancho Palos Verdes General Plan and with the Coastal Specific Plan. Proposed Amendments: The City Council is currently reviewing further amendments to Title 17 that would revise Chapter 17.38 (Specific Plan Districts) to 1) correct the current omission of Specific Plan District VII for Eastview Park from this chapter; and 2) re-title the existing specific plan districts in the City from numbered to descriptive designations. The proposed amendments are intended to correct an existing error in the Municipal Code, and to avoid confusion in the future in the event that the new specific plan district proposed pursuant to the Marymount College Initiative is enacted by the City's voters. Purpose: This Addendum to the previously-adopted Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines which allows for the lead agency to prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project that will require major revisions of the previous Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or, (3) New information of substantial importance identifies one or more significant effects not discussed in the previous Negative Declaration, significant effects previously examined will be substantially more severe than shown in the previous Negative Declaration, mitigation measures or alternatives previously found not to be feasible or not analyzed in the Negative Declaration would be feasible and Ordinance No. 513U Page 1 of 2 would substantially reduce one or more significant effects but the project proponents decline to adopt of the measure or alternative. FINDINGS REGARDING THE PROPOSED PROJECT REVISIONS: Staff analyzed the proposed revisions to determine if any impacts would result from the proposed changes to the language of Chapter 17.38 of Title 17 of the Municipal Code. The City Council has independently reviewed this item and has determined that, pursuant to CEQA Guidelines Section 15162, a new Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects: (1) The proposed revisions do not result in any new significant environmental effects and, like Ordinance No. 510, no significant impacts have been identified. The revisions to Chapter 17.38 of Title 17 do not present new significant environmental impacts because they merely correct the current omission of Specific Plan District VII from the Municipal Code and re-title the other existing specific plan districts in the City so as to avoid confusion and duplication in the future. Therefore, the proposed revisions do not represent a substantial change in the project, and will not result in new significant environmental impacts or a substantial increase in the severity of any impacts. (2) The proposed revisions will not result in any significant environmental impacts, and the circumstances under which the project is being undertaken have not substantially changed since the CEQA determination was made for Ordinance No. 510. The scope of the proposed revisions, although potentially effective citywide, will be limited to only those areas of the City governed by existing or future specific plan districts. There are no changes with respect to the circumstances under which the revisions are undertaken that will require major revisions of the previous Negative Declaration. (3) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Negative Declaration was adopted, identifies a significant environmental effect. Because the proposed revisions would not result in any new or more severe environmental impacts that those associated with Ordinance No. 510, there is no need for new or substantially modified mitigation measures. Therefore, pursuant to CEQA, the City Council finds that no further environmental review is necessary other than the City Council's adoption of this Addendum No. 1. Ordinance No. 513U Page 2 of 2 lig RANCHO 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 September 23, 2010, she caused to be posted the following document entitled: ORDINANCE NO. 513U - AN ORDINANCE OF THE CITY OF RANCHO PALOSVERDESAMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS) OF THE DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC PLAN DISTRICT VII" FOR EASTVIEW PARK, AND DECLARING THE URGENCY THEREOF, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. I i m Pitetee_ City Clerk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.513U.doc