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ORD 532 ORDINANCE NO. 532 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING REVISIONS TO SECTION 17.90 OF THE CITY'S MUNICIPAL CODE, THEREBY CHANGING THE ALLOWABLE MOVEMENT OF AN OPEN-SPACE HAZARD BOUNDARY LINE THROUGH THE INTERPRETATION PROCEDURE FROM THIRTY (30) FEET TO ONE-HUNDRED (100) FEET. WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted by the City Council for various amendments and changes to Title 16 and 17 of the City's Municipal Code, including the creation of the Interpretation Procedure (Chapter 17.90); and, WHEREAS, Municipal Code Chapter 17.90 allows the discretionary adjustment of zoning or special district boundary lines depicted on the City's Official Zoning Map without the processing of a Zone Change, as well as allows interpretations to be made in cases of uncertainty or ambiguity as to the meaning or intent of the City's Building or Development Codes; and, WHEREAS, since adoption of the Interpretation Procedure in 1997, the City has processed interpretations on six different properties where the Open Space Hazard ("OH") District was located on the developed portion of a residential property and the OH District boundary line could be moved a small distance to accurately reflect site conditions; and, WHEREAS, based upon the comments from the public and the Planning Commission, it was suggested that the City consider increasing the allowable movement of a boundary line through the Interpretation Procedure described in Chapter 17.90; and, WHEREAS, on October 18, 2011, the City Council initiated a Code Amendment to revise Municipal Code Chapter 17.90 to amend the Interpretation Procedures to allow the Community Development Director, upon initiation by a property owner, to make administrative adjustments of a zoning or special district boundary line from thirty feet to one-hundred feet without the processing of a Zoning Map amendment; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 13, 2011, at which time Staff presented the proposed language to implement the amended interpretation procedure. Based on public testimony, the Planning Commission moved to continue the public hearing to January 10, 2012, with direction to Staff to: add to the recommendation to the Council that they waive appeal fees in addition to the application fees for an interpretation procedure; add code language which allows the Director to make "common sense" moves to the OH boundary lines, based upon criteria established by the City Geologist; address the issue for properties located completely within the OH area, where the OH boundary line does not "traverse" the property; make the Council aware of the costs of to the property owner for third party geological review; establish a time limit for how long the Director could conduct discretionary adjustments to OH boundary lines; and, address the issue of successive applications; and, WHEREAS, on January 10, 2012, the Planning Commission adopted Resolution No. 2012-01, thereby recommending that the City Council adopt an ordinance revising Section 17.90 of the City's Municipal Code, thereby changing the allowable movement of an Open-Space Hazard boundary line through the Interpretation Procedure from thirty (30) feet to one-hundred (100) feet; and, WHEREAS, on January 19, 2012, a notice was set to all property owners with the Open-Space Hazard zoning district on their property informing them of this proposed code amendment; and, WHEREAS, on January 19, 2012, notice of the public hearing on the proposed amendments to Chapter 17.90 of the Municipal Code was published in the Palos Verdes Peninsula News; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et seq. ("CEQA"), the State's CEQA Guidelines, California Code Regulations, Title 14, Section 1500 et seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), on February 7, 2012, copies of the draft Addendum No. 3 to the Negative Declaration for Ordinance No. 510 were distributed to the City Council and prior to taking action on the proposed code amendment, the City Council independently reviewed and considered the information and findings contained in Addendum No. 3; and, WHEREAS, on February 7, 2012, the City Council held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 2: 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. Section 3: That the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not Ordinance No. 532 Page 2 of 7 hinder, the goals and policies of those plans. Specifically, the revisions to Chapter 17.90 will allow property owners more flexibility to adjust the open space hazard zoning district boundary line to more accurately reflect the site conditions on property. Section 4: That the amendments to Chapter 17.90 are necessary to preserve the public health, safety, and general welfare in the area Section 5: That Chapter 17.90 (Interpretation Procedure) of Title 17 of the Municipal Code is hereby revised as follows (strikethrough text for language removed, and bold and underlined text for new language): 17.90.010 - Purpose and scope. This chapter provides a procedure for the following interpretations to the Municipal Code: A. In cases of uncertainty or ambiguity as to the meaning or intent of any provision of Title 16 or Title 17 of this Code, or to further define or enumerate the uses permitted in the various zones zoning districts. ' ' - - -. -et - -- - - = " " ' ' ' = ' '=. Said interpretations shall be generally applicable to all situations of the same type and shall not be limited or directed to specific parcels or circumstances thereon. B. An adjustment of an open-space hazard zoning district boundary line (except within the coastal zone) up to one hundred (100) feet from the location depicted on the city's official zoning map, except for a coastal wee - . "' m = " ' ' . - _ ' .• '=, - - = if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and geology . C. An adjustment of a Coastal specific plan setback zone boundary lines_ open-space hazard district boundary lines within the coastal zone, up to five (5) feet from the location depicted on the city's official zoning map, may only be adjusted up to five feet if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and approved geology. - - - - - - - - - - - e--e - . •._. •. . . Except in the case of a zoning or special district boundary adjustment, type and shall not be limited or directed to specific parcels or circumstances thereon, D. An adjustment to a zoning or special district boundary line, other than the open-space hazard district boundary line or a coastal specific plan setback zone boundary line, of up to thirty (30) feet from the location depicted on the official zoning map. (Ord. 320 § 7 (part), 1997) Ordinance No. 532 Page 3 of 7 17.90.020 - Initiation. A. The preparation of An interpretation related to Section 17.90.010.A, 17.90.010.0 or 17.90.010.D may be initiated by the city council, planning commission, . '- - = - '= - -=-- ''• = - = director, or by any person upon the written request and payment of fee, as established pursuant to city council resolution, ems. B. An interpretation related to Section 17.90.010.B may only be initiated by the owner of the property on which said open-space hazard zoning district is located. 1. The written interpretation request shall include the property address, the requested distance that the zoning district boundary line or area is to be adjusted from the location depicted on the zoning map, and the property owner's original signature. Furthermore, said written request shall be accompanied by a scaled site plan, including the property lines, the existing open-space hazard boundary line, and the proposed new boundary line with the scaled distance of the proposed movement of the boundary line, as well as a fee for a geological site inspection by the city's geotechnical staff to verify that the proposed adjustment of an open space hazard zoning district boundary line will not adversely impact the public health, safety and welfare. 2. Requests for interpretation pursuant to Section 17.90.010.B for any lot or parcel cannot exceed a cumulative total of 100 feet from the original location of the open-space hazard line. (Ord. 320 § 7 (part), 1997) 17.90.030 - Basis of interpretation. A. An interpretation shall be based on an examination of the intent of this Code, considering all the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among the regulations of the various zoning classifications and the uses and development standards therein. B. In the case of an interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to interpretation and the characteristics of those uses expressly permitted in the zone. C. In the case of an interpretation involving the location of an open ce h ,zard zoning district or a coastal specific plan setback zone boundary line, consideration shall be based on geotechnical and/or soils reports. D. In the case of an interpretation involving the location of an open space hazard zoning district boundary line, consideration shall be based on geotechnical and/or soils reports, only if required by the city's geotechnical staff after the initial geological site inspection. Otherwise, the interpretation will be based upon the geological site inspection and site conditions. (Ord. 320 § 7 (part), 1997) Ordinance No. 532 Page 4 of 7 17.90.040 - Preparation, notice and transmittal. A. For interpretations related to Section 17.90.010.A, within thirty days after the initiation of an interpretation, the director shall prepare a written interpretation and transmit it to the planning commission and the city council and shall give public notice that such interpretation has been prepared. Such notice shall be published and given to the property owner, any interested parties, and any affected homeowner associations, as required for a code amendment, pursuant to Chapter 17.68 (Zone Changes and Code Amendments) of this title. W ithin fifteen calendar days after the date of the notice, the planning commission, city council or any interested person may make a written request to the director for a hearing. If no such request for a hearing is received, the interpretation shall become effective and final fifteen calendar days after the date of the notice. B. For interpretations pursuant to Sections 17.90.010.B, 17.90.010.0 or 17.90.010.D., within thirty days after the initiation request has been deemed complete by Staff, the director shall prepare a written interpretation and transmit it to the person requesting the interpretation, owners of all abutting properties, and any interested person. Within five calendar days after the date of the Director's notice, the person requesting the interpretation, the abutting property owners, and any interested person may file a written appeal of the decision of the director to the planning commission, and any decision of the planning commission to the city council, pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. Within 15 calendar days of filing an appeal, the appellant appealing a decision related to Section 17.90.010.B and C must submit the basis for the appeal supported by a letter or report from a registered geologist or geotechnical engineer. If no timely written appeal is submitted or if a written appeal is submitted but no follow-up geological letter or report is submitted within the time frame specified, the decision will be final. (Ord. 320 § 7 (part), 1997) 17.90.050 - Planning commission hearing and action. A. If a request for an interpretation hearing related to Section 17.90.010.A is received, or if an appeal of a director interpretation pursuant to Section 17.09.010.B, 17.09.010.C, or 17.09.010.D is filed, a hearing shall be held by the planning commission within thirty calendar days of the date of such request or appeal. B. A fter the hearing, the planning commission may, by resolution, adopt the proposed interpretation, adopt a modified or different interpretation, or refer the matter to the director for further study. Failure of the planning commission to act within sixty calendar days after the close of the hearing shall be deemed an approval of the director's interpretation. Ordinance No. 532 Page 5 of 7 C. If the planning commission refers the matter to the director for further study, the director shall prepare and submit another interpretation in accordance with the provisions of Section 17.90.040 of this chapter. D. Unless the planning commission refers the interpretation to the director for further study, the director shall give written notice of the decision of the planning commission to the applicant, any interested person, and any affected homeowner association pursuant to Section 17.80.040 (Hearing Notice and Appeal Procedures) of this title. The decision of the planning commission shall become effective and final fifteen calendar days after the date of notice of its action, unless an appeal to the city council is filed in accordance with Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title. (Amended during 11-97 supplement; Ord. 320 § 7 (part), 1997) 17.90.060 - Book of interpretations. When an interpretation pursuant to Section 17.90.010.A is given final approval by the director, planning commission or city council, the director shall enter the interpretation in a book of interpretations which shall be preserved and made accessible to any interested person. When an interpretation pursuant to Sections 17.90.010.B, 17.90.010.0 or 17.90.010.D is given final approval, the interpretation shall be noted in the city's file on the subject property and updated on the city's official zoning map through the procedure identified in Section 17.88.020.E. (Ord. 320 § 7 (part), 1997) Section 6: That all application and appeal fees associated with an interpretation request be waived for property owners until the updated General Plan Land Use Map and Official Zoning Map has been officially adopted with the revised open-space hazard areas. Section 7: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 8: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Ordinance No. 532 Page 6 of 7 Section 9: This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED this 21st day of February 2012. 1 Mayor Attest: / /4,e,eet 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, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 532 passed first reading on February 7, 2012, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on February 21, 2012, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight and Misetich NOES: None ABSENT: None ABSTAIN: None 6d; &Lea City Clerk Ordinance No. 532 Page 7 of 7 Aj 11! RANCHO PAL OS 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 February 23, 2012, she caused to be posted the following document entitled: ORDINANCE NO. 532,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING REVISIONS TO SECTION 17.90 OF THE CITY'S MUNICIPAL CODE, THEREBY CHANGING THE ALLOWABLE MOVEMENT OF AN OPEN-SPACE HAZARD BOUNDARY LINE THROUGH THE INTERPRETATION PROCEDURE FROM THIRTY (30) FEET TO ONE- HUNDRED (100) FEET, 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. ,, Aa-- ', i I City Clerk W:\FORMS\Form 150 Archived Affidavits(old)Form 150-Affidavit of Posting Ordinance No.531.doc