CC SR 20170221 01 - Public Hearing Minor Modification Process OrdinanceCITY OFi�RANCHO PALOS VERDES
PUBLIC HEARING
Date: February 21, 2017
Subject: Consideration and Possible Action to Adopt an Ordinance Amending
Chapters 17.78.040 and 17.78.050 of Title 17 of the City's Municipal Code
to Codify a "Minor Modification" Process, and to Clarify the Process for
Interpreting Previous Decisions and/or Conditions of Approval
Subject Property: Citywide
1. Report of Notice Given: Acting City Clerk
2. Request for Staff Report: Mayor Campbell
3. Staff Report & Recommendation: Associate Planner Silva
4. Council Questions of Staff (factual only, no opinions):
5. Declare the Hearing Open: Mayor Campbell
6. Public Testimony:
Appellant: N/A
Applicant: City of Rancho Palos Verdes
7. Council Questions of speakers — (factual only):
8. Rebuttal: Mayor Campbell invites brief rebuttals.
9. Declare Hearing Closed: Mayor Campbell
10. Council Deliberation: Questions of staff in response to testimony and deliberation.
11. Council Action:
1
RANCHO PALOS VERDES CITY COUNCIL
MEETING DATE: 02/21/2017
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to adopt an Ordinance amending Chapters 17.78.040
and 17.78.050 of Title 17 of the City's Municipal Code to codify a "Minor Modification"
process, and to clarify the process for interpreting previous decisions and/or conditions
of approval.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. , AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 17.78.040 (AMENDMENTS TO
APPROVED APPLICATIONS) AND CHAPTER 17.78.050 (INTERPRETATION
PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S
MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION" PROCESS AND
CLARIFYING THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS
AND/OR CONDITIONS OF APPROVAL; and,
(2) Provide Staff with direction as to whether a reduced appeal filing fee should be
established for Minor Modification Appeals.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner,S-.
REVIEWED BY: Ara Mihranian, Alcp, Director of Community Development 7,1
APPROVED BY: Doug Willmore, City Managersio-Ij
I_cIII f_T91:1431K1J:216]:AIIki"116Z9i11Ly, l4�k&S
A. Ordinance No. (page A-1)
B. P.C. Resolution No. 2017-01 (page B-1)
C. Public Comments (page C-1)
All previous Staff Reports, Meeting Minutes, and public comments on this topic can be
found on the City's website for the January 10, 2017, Planning Commission agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas
2
BACKGROUND AND DISCUSSION:
On June 14, 2016, the Planning Commission directed Staff to forward a
recommendation to the City Council to initiate code amendment proceedings to codify a
"minor modification" process (Chapter 17.78.040 - Amendments to Approved
Applications) and to clarify the process for interpreting previous decisions and/or
conditions of approval (Chapter 17.78.050 - Interpretation Procedure Provisions). On
September 6, 2016, Staff presented the Planning Commission's code initiation request
to the City Council, which was subsequently authorized by the City Council.
On September 27, 2016, the Planning Commission appointed Vice -Chair Cruickshank
and Commissioners James and Leon to serve on a Subcommittee to assist Staff in the
preparation of draft code amendment language. The Subcommittee met in November
2016 and presented its recommended code language to the Planning Commission at its
January 10, 2017, meeting. After considering testimony at this meeting, including the
recommendations of the Subcommittee, the Planning Commission adopted P.C.
Resolution No. 2017-01 (Attachment B), forwarding a recommendation to the City
Council to amend specific language to Chapters 17.78.040 and 17.78.050 to achieve
the following:
• Establish a list of findings that the Director of Community Development (Director) is
required to make in order to approve a minor modification.
• Establish a public notification process to inform interested parties of the Director's
decision on a minor modification request (which would be appealable to the Planning
Commission).
• Clarify when the Interpretation Procedure should be implemented.
• Clarify that the final deciding body can initiate an Interpretation Procedure without
paying a fee.
Recommended Code Amendment Lan
In addition to the recommendation by the Planning Commission (Attachment B), Staff
has proposed minor additional revisions to maintain consistency with terminology in the
municipal code. The following amendments are proposed to codify a "Minor
Modification" process in Section 17.78.040 (Amendments to Approved Applications) and
to clarify the process for interpreting previous project approvals and/or conditions of
approval in Section 17.78.050 (Interpretation Procedure for Approved
Applications). The proposed language deletions are shown in strikethr,,u text, and
the proposed language additions are shown in underline text.
Section 17.78.040 - Amendments to Approved Projects
A. An amendment which proposes one or more a substantial substantive amendments
to tha-a project, plans and/or conditions of approvalor projeGt approved b
an appliGat that has be grante
approved in accordance with this Title may be
9
initiated by the an applicant/property owner of on., time it is deemed non0000r„
desirable, upon petition to the Director and submittal of a fee, as established by
resolution by the ci}.,�-GGUPGW-City Council. The determination of what constitutes a
substantial o„he amendment roman shall be made by the Director.
Amepelmepts to the prqeGt Shag iPG114de, but aFe Pot limited to, the deietiop GF
appr9vak
B. A substantial amendment to the project shall be considered by the same body
which took the final action in approving the original project
appliEation, utilizing the same hearing and noticing procedures, review criteria and
appeal procedures as required by this title Title.
appliGation. A substantial amendment to a project may require a new and separate
environmental review.
C. The Director is authorized to modify the approved plans and/or any of the conditions
of aaaroval if such modifications are determined by the Director to be minor and if
the Director can make the following findings:
1. That the proposed modifications achieve substantially the same results as would
strict compliance with the approved plans and conditions;
2. That the proposed modifications remain compatible with the character of the
neighborhood;
3. That the proposed modifications do not result in a new or increased privacy
infringement;
4. That the ar000sed modifications do not result in a new or increased adverse
view impacts; and,
5. That as modified. the aroiect remain consistent with the General Plan
Development Code, and Coastal Specific Plan.
D. The Director shall send a Notice of Decision approving a minor modification to all
interested parties on file with the City when the original project was being processed
and to the members of the final decidina body allowina 5 calendar days to aaaeal
the Director's decision, pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this Title.
Section 17.78.050 - Interpretation Procedures for Approved Projects
A. In cases of uncertainty or ambiguity as to the meaning or intent of any decision
grant approving a project in accordance with this Title, or to further define or
enumerate the conditions of approval of an approved appl+EaUGR project, an
intprpKetation pr-GGe uro oho►► be Aggewed whoroh„ the body which took the final
action in granting approving the original appliGation shall conduct an
interpretation review of the .donioi— i . question. Said interpretation review may be
initiated by the Director, or the final body that took such action, plann+nq
,+ommiooion' Gi+„ no„nnil or upon the written request of the applican0property owner
or any interested person. Said interpretation review shall utilize the same notice,
hearing process, review criteria, and appeal process as required by this Title #er
nnnoi,^lorat on of the o4gin l annlino+ion. The interpretation review procedure may be
initiated in shall be onn'io"l, but shall not be limited to, the following situations:
El
1. Discrepancies between approved plans and subsequently revised plans;
2. Interpretations of conditions of approval; or
3. New issues stemming from construction of the approved project which were not
addressed or considered as part of the original project approval.
nif„ deoisinns nn subsequent disoretienarn, annlinatiens
B. In cases involving the interpretation of a decision of the Planning Commission and/or
City Council, the Director shall prepare a written interpretation and transmit it to the
appropriate review body. The nirent94s ,",ritten irate pFetation shall i Giude a
determination of whether said interpretation denisinn constitutes a miner
Upon review of the Director's
interpretation at a public meeting, the appropriate body shall either:
1. Concur with the Director's interpretation and if the internretatien rest alts in a minor
revision to the approved annlination approve the re Wsien by minute order; or
2. Make a determination that the subject interpretation may result in a substantial
revision to the originally approved project-appsn and thus require a formal
review hearing; utilizing the same hearing, noticing requirements, review criteria and
appeal procedures, required by this Title for non oideration of the origMal annlination
C. In cases where the interpretation review is initiated by the Director or the body
Planning COMMiSSiGn OF City CGURG that took final action on the approved
application, no fee shall be required. In cases where the interpretation review is
initiated by an applicant/property owner or interested party, a fee as established by
resolution of the city council, shall be required. rases in w44inh an interpretation
.. . . . .... .. . .... . .. ..
.. ... ... . . .. .
... .
.... ... ..
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.. .. . .. ........ ..
A. MA-
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ADDITIONAL INFORMATION:
Minor Modification Appeal Fee
Section 17.78.040(D) of the proposed code amendment allows for the Director's
decision on a minor modification request to be appealed to the Planning Commission.
The City's appeal fee is currently $2,275. The Planning Commission recommended, and
Staff is seeking direction from the City Council, whether a reduced Minor Modification
5
Appeal Fee should be established. If so, said fee would be brought back to the City
Council for adoption via resolution at a future meeting.
Public Comments
On February 6, 2017, the Planning Division received a comment letter from a resident
expressing a concern with the possibility that such an amendment would allow the
Director to subjectively change Conditions of Approval for a project that was previously
approved by the City Council or the Planning Commission (Attachment C). As
proposed, the amended language provides a process where interested parties are
notified when a Minor Modification has been approved. In the event that an interested
party has a concern with the Minor Modification, the Director's decision may be
appealed, an option that doesn't exist under current Development Code provisions.
Thus, Staff believes that the proposed process would be much more transparent than
the current process is.
CONCLUSION:
Staff recommends that the City Council review the Planning Commission's
recommended code language and introduce Ordinance No. . If introduced, a
second reading of the Ordinance will be presented to the City Council on March 7,
2017, with the Ordinance becoming effective thirty (30) days after the second reading.
Furthermore, if the City Council provides direction regarding a reduced appeal fee for
Minor Modifications, the resolution to adopt this fee could also be presented to the City
Council on March 7, 2017.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
1. Direct Staff to return with modified Code language for consideration at a
continued public hearing.
2. Direct Staff to take no further action at this time.
Al
•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.78.040 (AMENDMENTS
TO APPROVED APPLICATIONS) AND CHAPTER 17.78.050
(INTERPRETATION PROCEDURE FOR APPROVED
APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL
CODE TO CODIFY A "MINOR MODIFICATION" PROCESS
AND CLARIFYING THE PROCESS FOR INTERPRETING
PREVIOUS DECISIONS AND/OR CONDITIONS OF
APPROVAL.
WHEREAS, a Planning project approved by the City may undergo some form of
revision prior to the issuance of building permits and in some cases during construction,
which warrant revisions to approved applications; and,
WHEREAS, the City's Development Code (Sections 17.78.040 and 17.78.050)
provides for project revisions, but contains some inconsistencies in the manner by which
to achieve approval of project revisions; and,
WHEREAS, on June 14, 2016, the Planning Commission directed Staff to forward
a recommendation to the City Council to initiate code amendment proceedings to address
code inconsistencies and to codify a "minor modification" process, as well as to clarify the
process for interpreting previous decisions and/or conditions of approval; and,
WHEREAS, on September 6, 2016, the City Council initiated code amendment
proceedings based on the Planning Commission's recommendations; and,
WHEREAS, on September 27, 2016, the Planning Commission appointed Vice -
Chairman Cruikshank and Commissioners Leon and James to serve on the
Subcommittee to assist City Staff in the preparation of code amendment language; and,
WHEREAS, on November 8, 2016 and November 22, 2016, the Subcommittee
and Staff met and worked collaboratively to prepare the proposed code amendment
language; 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), it has been determined that the proposed Code Amendment is
exempt from CEQA, pursuant to Section 15061(b)(3) because it consists only of minor
revisions and clarifications to an existing zoning code and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The proposed
Ordinance is an action that does not have the potential to cause significant effects on the
environment, but rather will clarify prohibited uses of residential property in the City; and,
A-1
WHEREAS, on December 8, 2016, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the Planning Commission on January
10, 2017; and
WHEREAS, on January 10, 2017, the Planning Commission reviewed and
considered the proposed code amendments to Sections 17.78.040 (Amendments to
Approved Applications) and 17.78.050 (Interpretation Procedure for Approved
Applications) of Title 17 of the Municipal Code Municipal Code, and adopted P.C.
Resolution No. 2017-01, recommending that the City Council adopt this Ordinance; and,
WHEREAS, on February 21, 2017, after notice issued pursuant to the provisions
of the Rancho Palos Verdes Municipal Code, the City Council of the City of Rancho Palos
Verdes conducted and concluded a duly noticed public hearing concerning the Municipal
Code amendments contained herein as required by law, and received testimony from City
staff and all interested parties regarding the proposed amendments; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct.
Section 2: The City Council has reviewed and considered the amendments to
Chapters 17.78.040 (Amendments to Approved Applications) and 17.78.050
(Interpretation Procedure for Approved Applications) of the City's Municipal Code (Title
17) to codify a "Minor Modification" process and clarify the process for interpreting
previous decision and/or conditions of approval.
Section 3: The City Council finds that the amendments to the 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 4: Section 17.78.040 (Amendments to Approved Applications) of the
City's Municipal Code (Title 17) are hereby amended to read as follows:
Section 17.78.040 - Amendments to Approved Applications
A. An amendment which proposes one or more substantial amendments to a project,
plans and/or conditions of approval approved in accordance with this Title may be
initiated by an applicant/property owner upon petition to the Director and submittal of
a fee, as established by resolution by the City Council. The determination of what
constitutes a substantial amendment shall be made by the Director.
B. A substantial amendment to a project shall be considered by the same body which
took the final action in approving the original project, utilizing the hearing and noticing
procedures, review criteria and appeal procedures as required by this Title. A
A-2
Ordinance No.
Page 2 of 5
substantial amendment to a project may require a new and separate environmental
review.
C. The Director is authorized to modify the approved plans and/or any of the conditions
of approval if such modifications are determined by the Director to be minor and if the
Director can make the following findings:
1. That the proposed modifications achieve substantially the same results as would
strict compliance with the approved plans and conditions;
2. That the proposed modifications remains compatible with the character of the
neighborhood;
3. That the proposed modifications do not result in a new or increased privacy
infringement;
4. That the proposed modifications, do not result in a new or increased adverse view
impacts; and,
5. That as modified, the project remain consistent with the General Plan,
Development Code, and Coastal Specific Plan.
D. The Director shall send a Notice of Decision approving a minor modification to all
interested parties on file with the City when the original project was being processed
and to the members of the final deciding body allowing 5 calendar days to appeal the
Director's decision, pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this Title.
Section 5: Section 17.78.050 (Interpretation Procedures for Approved Projects)
of the City's Municipal Code (Title 17) are hereby amended to read as follows:
Section 17.78.050 - Interpretation Procedures for Approved Projects
A. In cases of uncertainty or ambiguity as to the meaning or intent of any decision
approving a project in accordance with this Title, or to further define or enumerate the
conditions of approval of an approved project, the body which took the final action in
approving the original project shall conduct an interpretation review of the decision in
question. Said interpretation review may be initiated by the Director, or the final body
that took such action, or upon the written request of the applicant/property owner or
any interested person. Said interpretation review shall utilize the notice, hearing
process, review criteria, and appeal process as required by this Title. The
interpretation review procedure may be initiated in, but shall not be limited to, the
following situations:
1. Discrepancies between approved plans and subsequently revised plans,-
2.
lans;2. Interpretations of conditions of approval; or
3. New issues stemming from construction of the approved project which were not
addressed or considered as part of the original project approval.
B. In cases involving the interpretation of a decision of the Planning Commission and/or
City Council, the Director shall prepare a written interpretation and transmit it to the
appropriate review body. Upon review of the Director's interpretation at a public
meeting, the appropriate body shall either:
1. Concur with the Director's interpretation, or
A-3
Ordinance No.
Page 3 of 5
2. Make a determination that the subject interpretation may result in a substantial
revision to the originally approved project and thus require a formal review hearing;
utilizing the hearing, noticing requirements, review criteria and appeal procedures,
required by this Title.
C. In cases where the interpretation review is initiated by the Director or the body that
took final action on the approved application, no fee shall be required. In cases where
the interpretation review is initiated by an applicant/property owner or interested party,
a fee established by resolution of the City Council, shall be required.
Section 6: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 7: Certification and Posting. 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.
A-4
Ordinance No.
Page 4 of 5
PASSED, APPROVED and ADOPTED this -th day of 2017.
Brian Campbell, Mayor
ATTEST:
Teresa Takaoka, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, Acting 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. passed first reading on February 21, 2017, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
, 2017, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ACTING CITY CLERK
A-5
Ordinance No.
Page 5 of 5
P.C. RESOLUTION NO. 2017-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO
THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED
AMENDING CHAPTER 17.78.040 (AMENDMENTS TO
APPROVED APPLICATIONS) AND CHAPTER 17.78.050
(INTERPRETATION PROCEDURE FOR APPROVED
APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL
CODE TO CODIFY A "MINOR MODIFICATION" PROCESS
AND TO CLARIFY THE PROCESS FOR INTERPRETING
PREVIOUS DECISIONS AND/OR CONDITIONS OF
APPROVAL.
WHEREAS, a Planning project approved by the City may undergo some form of
revision prior to the issuance of building permits and in some cases during construction,
which warrant revisions to approved applications; and,
WHEREAS, the City's Development Code (Sections 17.78.040 and 17.78.050)
provides provisions for project revisions, but contain some inconsistencies in the manner in
which to achieve approval of project revisions; and,
WHEREAS, on June 14, 2016, the Planning Commission directed Staff to forward
a recommendation to the City Council to initiate code amendment proceedings to address
code inconsistencies and to codify a "minor modification" process, as well as to clarify the
process for interpreting previous decisions and/or conditions of approval; and,
WHEREAS, the Code initiation request was initially placed on the City Council
agendas for August 2, 2016 and then August 16, 2016, however the item was continued to
the September 6, 2016 City Council Meeting; and,
WHEREAS, on September 6, 2016, the City Council initiated code amendment
proceedings based on the Planning Commission's recommendations; and,
WHEREAS, on September 27, 2016, the Planning Commission appointed Vice -
Chairman Cruikshank and Commissioners Leon and James to serve on the Sub -
Committee to assist City Staff in the preparation of code amendment language; and,
WHEREAS, on November 8, 2016 and November 22, 2016, the Sub -Committee
and Staff met and worked collaboratively to prepare the proposed code amendment
language; 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
As
Statement), it has been determined that the proposed Code Amendment is exempt from
CEQA, pursuant to Section 15061(b)(3) because it consists only of minor revisions and
clarifications to an existing zoning code and will not have the effect of deleting or
substantially changing any regulatory standards or findings. The proposed Ordinance is an
action that does not have the potential to cause significant effects on the environment, but
rather will clarify prohibited uses of residential property in the City; and,
WHEREAS, on December 8, 2016, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the Planning Commission on January 10,
2016; and
WHEREAS, on January 10, 2017, the Planning Commission held a duly -noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission finds that the facts set forth in the recitals of
this Resolution are true and correct and are incorporated herein by reference as though set
forth in full.
Section 2: The Planning Commission has reviewed and considered the
amendments to Chapters 17.78.040 (Amendments to Approved Applications) and
17.78.050 (Interpretation Procedure for Approved Applications) of the City's Municipal
Code (Title 17) to codify a "Minor Modification" process and to clarify the process for
interpreting previous decision and/or conditions of approval.
Section 3: The Planning Commission 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 not hinder, the goals and policies of those plans.
Section 4: 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 to the City Council
that an Ordinance be adopted entitled, AN ORDINANCE AMENDING "CHAPTER
17.78.040 (AMENDMENTS TO APPROVED APPLICATIONS) AND CHAPTER 17.78.050
(INTERPRETATION PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF
THE CITY'S MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION" PROCESS AND
TO CLARIFY THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR
CONDITIONS OF APPROVAL" in the form attached to this Resolution as Exhibit "A".
P.C. Resolution No. 2017-01
Page 2 of 4
AM
PASSED, APPROVED, AND ADOPTED this 101h day of January 2017, by the following
vote:
AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman
Cruikshank and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None _
F
David L. Tomblin,
Chairman
r
77-
Ara i r2' ,AICP
Community Development Director
Secretary to the Planning Commission
P.C. Resolution No. 2017- 01
Page 3 of 4
M9
EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached.
P.C. Resolution No. 2017-01
Page 4 of 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.78.040
(AMENDMENTS TO APPROVED APPLICATIONS) AND
CHAPTER 17.78.050 (INTERPRETATION PROCEDURE FOR
APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S
MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION"
PROCESS AND TO CLARIFY THE PROCESS FOR
INTERPRETING PREVIOUS DECISIONS AND/OR
CONDITIONS OF APPROVAL.
WHEREAS, a Planning project approved by the City may undergo some form of
revision prior to the issuance of building permits and in some cases during construction,
which warrant revisions to approved applications; and,
WHEREAS, the City's Development Code (Sections 17.78.040 and 17.78.050)
provides provisions for project revisions, but contain some inconsistencies in the manner
in which to achieve approval of project revisions; and,
WHEREAS, on June 14, 2016, the Planning Commission directed Staff to
forward a recommendation to the City Council to initiate code amendment proceedings to
address code inconsistencies and to codify a "minor modification" process, as well as to
clarify the process for interpreting previous decisions and/or conditions of approval; and,
WHEREAS, the Code initiation request was initially placed on the City Council
agendas for August 2, 2016 and then August 16, 2016, however the item was continued
to the September 6, 2016 City Council Meeting; and,
WHEREAS, on September 6, 2016, the City Council initiated code amendment
proceedings based on the Planning Commission's recommendations; and,
WHEREAS, on September 27, 2016, the Planning Commission appointed Vice -
Chairman Cruikshank and Commissioners Leon and James to serve on the Sub -
Committee to assist City Staff in the preparation of code amendment language; and,
WHEREAS, on November 8, 2016 and November 22, 2016, the Sub -Committee
and Staff met and worked collaboratively to prepare the proposed code amendment
language, -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), it has been determined that the proposed Code Amendment is
exempt from CEQA, pursuant to Section 15061(b)(3) because it consists only of minor
AM
revisions and clarifications to an existing zoning code and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The proposed
Ordinance is an action that does not have the potential to cause significant effects on the
environment, but rather will clarify prohibited uses of residential property in the City; and,
WHEREAS, on December 8, 2016, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the Planning Commission on January
10,2016, -and
WHEREAS, on January 10, 2017, the Planning Commission reviewed and
considered the proposed code amendments to Chapters 17.78.040 (Amendments to
Approved Applications) and 17.78.050 (Interpretation Procedure for Approved
Applications) of Title 17 of the Municipal Code Municipal Code, and adopted P.C.
Resolution No. 2017-_, recommending that the City Council adopt this Ordinance; and,
WHEREAS, on after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the City Council of the City of Rancho Palos
Verdes conducted and concluded a duly noticed public hearing concerning the Municipal
Code amendments contained herein as required by law, and received testimony from City
staff and all interested parties regarding the proposed amendments; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred,-
and,
ccurred;and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct.
Section 2: The City Council has reviewed and considered the amendments to Chapters
17.78.040 (Amendments to Approved Applications) and 17.78.050 (Interpretation
Procedure for Approved Applications) of the City's Municipal Code (Title 17) to codify a
"Minor Modification" process and clarify the process for interpreting previous decision
and/or conditions of approval.
Section 3: The City Council finds that the amendments to the Title 17 are consistent with
the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold,
and not hinder, the goals and policies of those plans.
Section 4. Section 17.78.040 (Amendments to Approved Applications) of the City's
Municipal Code (Title 17) are hereby amended to read as follows:
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Section 17.78.040 - Amendments to Approved Applications
A. An amendment which proposes one or more substantial revisions to plans and/or
conditions of approval granted in accordance with this Title may be initiated by a
property owner upon petition to the Director and submittal of a fee, as established by
resolution by the City Council. The determination of what constitutes a substantial
revision shall be made by the Director.
8. A substantial amendment to a project shall be considered by the same body which
took the final action in granting the original application, utilizing the hearing and
noticing procedures, review criteria and appeal procedures as required by this Title.
A substantial change to a project may require a new and separate environmental
review.
C. The Director is authorized to modify the approved plans and/or any of the conditions
of approval if such modifications are determined by the Director to be minor and if the
Director can make the following findings.-
1.
indings:1. That the proposed modifications achieve substantially the same results as would
strict compliance with the approved plans and conditions;
2. That the proposed modifications remains compatible with the character of the
neighborhood;
3. That the proposed modifications do not result in a new or increased privacy
infringement;
4. That the proposed modifications do not result in a new or increased adverse view
impact; and,
5. That as modified, the project remains consistent with the General Plan,
Development Code, and Coastal Specific Plan.
D. The Director shall send a Notice of Decision approving a minor modification to all
interested parties on file with the City when the original project was being processed
and to the members of the final deciding body allowing 5 calendar days to appeal the
Director's decision.
Section 5. Section 17.78.050 (Interpretation Procedures for Approved Projects) of the
City's Municipal Code (Title 17) are hereby amended to read as follows:
Section 17.78.050 - Interpretation Procedures for Approved Projects
A In cases of uncertainty or ambiguity as to the meaning or intent of any decision
granted in accordance with this Title, or to further define or enumerate the
conditions of approval of an approved application, the body which took the final
action in granting the original application shall conduct an interpretation review of
the decision in question. Said interpretation review may be initiated by the Director,
or the final body that took such action, or upon the written request of the property
3 B-7
owner or any interested person. Said interpretation review shall utilize the notice,
hearing process and review criteria required by this Title. The interpretation review
procedure may be initiated in, but shall not be limited to, the following situations:
1. Discrepancies between approved plans and subsequently revised plans,
2. Interpretations of conditions of approval; or
3. New issues stemming from construction of the approved project which were
not addressed or considered as part of the original project approval.
B. In cases involving the interpretation of a decision of the Planning Commission
and/or City Council, the Director shall prepare a written interpretation and transmit
it to the appropriate review body. Upon review of the Director's interpretation, the
appropriate body shall either:
1. Concur with the director's interpretation; or
2. Make a determination that the subject interpretation may result in a
substantial revision to the originally approved application and thus require a formal
review hearing; utilizing the hearing, noticing requirements, review criteria and
appeal procedures, required by this Title.
C. In cases where the interpretation review is initiated by the Director or the body that
took final action on the approved application, no fee shall be required. In cases
where the interpretation review is initiated by an applicanf/property owner or
interested party, a fee shall be required.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 7. Certification and Posting. 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.
4 B_8
PASSED, APPROVED and ADOPTED this _T" day of 2017
Mayor
ATTEST
Teresa Takaota, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, 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. passed first reading on , was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ACTING CITY CLERK
s B_9
RECEIVED
FEB 0 6 RECD
COMMUNITY PEVE.LOPM_ENT
WRAF3TMENT
Octavio Silva, Associate Planner
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, Calif. 90275
Dear Mr. Silva,
6304 Sattes Drive
Rancho Palos Verdes,
Calif. 90275
February 2, 2017
Re: Code Amendment
Case ZON2016-00493
I am concerned that the proposed Code Amendment would allow a simple administrative
mechanism to change the Conditions of Approval for past subdivisions. If this is the case, it
would substitute a subjective decision by the Director for the public process of development and
approval by the Planning Commission and the Council.
Past decisions should stand. Arbitrary decisions at a later date could lead to unforeseen
problems and legal challenges.
If my concern is in fact the case, I request that the Code Amendment be denied.
Sincerely,
Z' 0&62�'
Thomas L. Alley
Cc: Council Members
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