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ORD 533 ORDINANCE NO. 533 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A CORRECTION TO AN AMENDMENT MADE TO SECTION 17.02.030(D)(4) (ROOF DECKS AND BALCONIES) AS PART OF THE RECENT MINOR MISCELLANEOUS "CLEAN-UP" AMENDMENTS TO TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE VIA ORDINANCE NO. 529 (PLANNING CASE NO. ZON2011-00023). WHEREAS, on July 15, 2011, the City Council authorized the initiation of a Code Amendment to implement a number of miscellaneous code amendments to Title 17 of the City's Municipal Code in order to clarify ambiguous language, remove language discrepancies, and codify existing policies and procedures and/or application requirements; and, WHEREAS, on August 1, 2011, a 1/8 page Public Notice was published in the Peninsula News, advertising a duly noticed public hearing before the Planning Commission regarding the proposed "clean-up" code amendments. Staff did not receive any public comments as a result of the public notice; and, WHEREAS, on August 23, 2011, the Planning Commission reviewed the list of Staff's proposed "clean-up" code amendments that were arranged by 17 topics, provided Staff with its feedback on all the proposed amendments, which included deleting some amendments, modifying the proposed code language of some amendments and requesting further review by the City Attorney on some amendments, and continued the public hearing to September 27, 2011; and, WHEREAS, on September 27, 2011, the Planning Commission adopted P.C. Resolution No. 2011-32, thereby recommending to the City Council the adoption of an ordinance to amend miscellaneous "clean-up" code changes to Title 17 (Zoning) of the City's Municipal Code; 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), the City determined that there is no substantial evidence that the approval of Planning Case No. ZON2011-00023 would result in a significant adverse effect on the environment. Accordingly, Addendum No. 2 to the Negative Declaration, which was prepared in conjunction with the adoption of Ordinance No. 510, was adopted by the City Council on November 1, 2011; and, WHEREAS, on November 1, 2011, after conducting a duly noticed public hearing, the City Council reviewed the proposed "clean-up" code amendment and adopted Ordinance No. 529, thereby approving the miscellaneous "clean-up" code amendments recommended by the Planning Commission; and, WHEREAS, shortly after the City Council adopted Ordinance No. 529, Staff noticed an inadvertent error in the amendment to Paragraph 4 of Section 17.02.030(D) (Roof Decks and Balconies). Specifically, the wrong portion of the section was amended; and, WHEREAS, on January 24, 2012, the Planning Commission reviewed and approved, via Minute Order, the recommended code correction to Section 17.02.030(D)(4) (Roof Decks and Balconies); and, WHEREAS, on February 8, 2012, a public notice describing this correction and public hearing before the City Council was published in the Peninsula News; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council independently reviewed and approved Addendum No. 2 to the Negative Declaration that was adopted in conjunction with the adoption of Ordinance No. 510, on November 1, 2011. The City Council found that none of the miscellaneous "clean-up" code amendments would have a significant adverse effect on the environment and, therefore, found that the proposed amendments would not introduce new significant environmental effects that were not already analyzed in the certified Negative Declaration. Additionally, the project did not include changed circumstances or new information, which were not known at the time the Negative Declaration was certified, that would require the preparation of a subsequent environmental analysis pursuant to the State CEQA Guidelines. Accordingly, Addendum #2 (Exhibit `A'); to the Negative Declaration was certified as having been prepared in compliance with the provisions of the California Environmental Quality Act. As the proposed code amendment is a minor correction to the previously approved code amendment as referenced under Addendum No. 2 discussed above, an additional environmental review is not required. Section 2: The City Council has reviewed and considered the amendments to Title 17 (Zoning) of the City's Municipal Code. Section 3: The City Council finds that the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 4: The City Council finds 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 hinder, the goals and policies of those plans. Section 5: The City Council finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area. Section 6: Chapter 17.02 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 17.02.035 thereto to read as follows (the underlined text represents new language): Ordinance No. 533 Page 2 of 4 D. Roof Decks and Balconies 1. "Deck" means a platform that is freestanding or attached to a building or structure. A deck attached to, and projecting beyond, the vertical surface of a building or structure which is located a minimum of eight feet above adjacent grade shall be considered a balcony. 2. Decks located upon the roof of a primary building shall be permitted, except for the following decks which shall be prohibited: a. Decks which are not directly accessible from habitable floor area located on the same level as the deck; b. Decks which are solely accessed by exterior stairs, a roof hatch, or both (or other similar openings); and c. Decks located entirely on the roof of an accessory structure or detached garage. 3. As required in Section 17.02.030(B)(1)(g), a roof deck or balcony that exceeds eighty square feet or projects more than six feet from the existing building shall not be approved unless determined to be compatible with the existing neighborhood. 4. The following standards shall apply to all permitted roof decks and balconies: a. A roof deck or balcony shall not create an unreasonable infringement of privacy, as defined by the height variation findings discussed in Section 17.02.040(C)(1)(e)(ix) of the occupants of abutting residences. b roof hatch, or both (or other similar openings); and Any outdoor furnishings, accessories or plants located on a "roof deck" shall not exceed a height of eight feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck; and structure or detached garage. Any outdoor furnishings, accessories or plants located on a "roof deck" which exceed the height limits established in Section 17.02.040, shall not significantly impair a view from surrounding properties. Section 7: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all applications that are filed after the effective date this ordinance. Section 8: 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 9: 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 Ordinance No. 533 Page 3 of 4 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. Section 10: 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 6th day of March 2012. - 1 ayor ATTEST: / 4 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. 533 passed first reading on February 21, 2012, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 6, 2012, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None ' /, City Clerk Ordinance No. 533 Page 4 of 4 Al! RANCHO PALRANCHO 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 March 7, 2012, she caused to be posted the following document entitled: ORDINANCE NO. 533,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A CORRECTION TO AN AMENDMENT MADE TO SECTION 17.02.030(D)(4) (ROOF DECKS AND BALCONIES)AS PART OF THE RECENT MINOR MISCELLANEOUS "CLEAN-UP" AMENDMENTS TO TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE VIA ORDINANCE NO. 529 (PLANNING CASE NO. ZON2011-00023), 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. .:4 - 0 , 1 City Clerk W:\FORMS\Form 150 Archived Affidavits(old)Form 150-Affidavit of Posting Ordinance No.533.doc