PC RES 2007-052 P.C. RESOLUTION NO. 2007-52
RESOLUTION F THE PLANNING COMMISSION THE CITY OF
RANCHO PALPALOS VERDES ECOM E I G TO THE CITY COUNCIL
THE ADOPTION OF AN ORDINANCETO AMENDSECTION 17.48.060
(EXTREME SLOPE) OF TITLE 17 (ZONING) O THE CITY'
MUNICIPAL CODE
WHEREAS, on August 7, 2007, after considering oral and written testimony,
based on a request from Staff, the City Council directed Staff to initiate a code
amendment to clarify the development standards for legal, vacant extreme-slope lots;
and,
WHEREAS, on July 28, 2007, a public hearing notice for this code amendment
was published in the Palos Verdes Peninsula News; 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 14, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Title 17 as set forth in the
Planning Commission Staff report of that date.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
amendments to Title 17 of the Municipal Code.
Section r The Planning Commission finds that the amendments to Title 17 of
the Municipal Code are consistent with California Government Code Section 65853,
zoning amendment procedures.
Section 3: The Planning Commission finds that the amendments to Title 17
are consistent with the Rancho Palos Verdes General Plan in that they preserve and
enhance the community's quality living environment, and enhance the visual character
and physical quality of existing neighborhoods.
Section 4: The Planning Commission finds that there is no substantial
evidence that the amendments to Title 17 would 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 will simply codify Staff's
past interpretation and implementation of the City's extreme slope regulations. An
Addendum (No. 17) to the prior Negative Declaration has been prepared and is
attached hereto as Exhibit `A'. The Planning Commission hereby finds, based on its
own independent judgment, that the facts stated in the Addendum are true because the
revisions to the Development Code will strengthen the Code with no potential
environmental impacts.
Section 5: The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area,
while balancing property rights.
Section 6e Section 17.48.060 of Title 17 is hereby revised to read as follows
(the underlined text represents new language and the text represents
deleted language):
17.48.060 Extreme slope.
No development or construction of any structure shall be allowed on any extreme slope
(grade of thirty-five percent or greater), except as follows:
A. Trash enclosures, enclosed mechanical equipment or pool equipment located
within an area of less than fifty square feet, provided, that the structures and/or
equipment are not located more than six feet from the top or toe of the slope and
are adequately screened from view from adjacent properties and the public right-
of-way to the satisfaction of the director,
B. Structures and improvements allowed pursuant to Section 17.76.060 (Extreme
slope permit);
C. Satellite dish antennas allowed pursuant to Section 17.76.020 (Antennas and
satellite dishes);
D. Grading and retaining walls allowed pursuant to Section 17.76.040 (Grading
permit);
E. Fences, walls and hedges allowed pursuant to Section 17.76.030 (Fences, walls
and hedges);and
F. At grade steps or stairs less than six inches in height, as measured from adjacent
existing grade; and
G. Construction of new residences (including habitable and non-habitable space) on
previously undeveloped, recorded and legally subdivided lots existing as of
November 25, 1975 or if within Eastview, existing as of January 5, 1983, which
are not currently zoned open space/hazard, if the director or planning
commission finds that such construction as conditioned will not threaten the
public health, safety and welfare, provided that such structures are consistent
with the permitted and uses and development standards for the underlyinq
zoning designations of the lots.
Section 7: 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 the
adoption of said 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,
P.C. Resolution No. 2007-52
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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 8: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
Section 9: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending Section 17.48.060 (Extreme Slope) of Title
17 (Zoning) of the City's Municipal Code.
PASSED, APPROVED, AND ADOPTED this 14 t" day of August 2007, by the
following vote:
AYES: Commissioners Karp, Knight, Lewis, Ruttenberg and Tetreault,
Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Vice Chairman Perestam
RECUSALS: none
Bill Gerstner
Chairman
Joelja , AICP
Direc or f Planni4�wilding
and C Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-52
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ADDENDUM NO. 17 TO ENVIRONMENTAL SESS T/
NEGATIVE E ECLA TI (EA/ND) NO. 694
AUGUST 1 , 2007
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 upon the environment.
The Planning Commission is currently reviewing miscellaneous amendments to Title 17
of the Municipal Code. The proposed amendments provide regulations that would
simply codify Staff's past interpretation and implementation of the City's extreme slope
regulations. As such, the Planning Commission has independently reviewed this item
and determined that the proposed amendments will not result in any new significant
environmental effects. Furthermore, the Planning Commission recommends that the
City Council find the amendment to be within the scope of EA/ND No. 694 that were
prepared and adopted in conjunction with the amendments to Titles 16 and 17, which
were adopted on April 19, 1997 by the City Council. As a result, the Planning
Commission recommends to the City Council that no further environmental review is
necessary other than the City Council's adoption of this Addendum No. 17.
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P.C. Resolution No. 2007-52
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