PC RES 2018-008 P.C. RESOLUTION NO. 2018-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL ADOPT PROPOSED AMENDMENTS TO
CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO CLARIFY THAT THE FINAL DECIDING BODY,
UNLESS EXPRESSLY STATED IN THE ADOPTED CONDITIONS
OF APPROVAL, SHALL CONDUCT FUTURE REVIEWS OF
CONDITIONAL USE PERMITS AND THAT THE CITY COUNCIL
SHOULD ESTABLISH A FEE TO RECOVER CITY COSTS FOR
PROCESSING SUCH REVIEWS (CASE NO. ZON2017-00595).
WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning
Districts within the City which identifies land uses that are permitted by-right or through
the issuance of a Conditional Use Permit;
WHEREAS, Section 17.60 (Conditional Use Permits) of the Rancho Palos Verdes
Municipal Code establishes the purpose, applicability, public hearing requirements, and
finding and conditions that the Planning Commission must find in order to grant a
Conditional Use Permit;
WHEREAS, Section 17.60.050(D) of the Rancho Palos Verdes Municipal Code
authorizes the Planning Commission, when desirable, to add conditions requiring future
reviews of Conditional Use Permits, but does not expressly state which governing body
may conduct an annual review or whether a fee should be collected to recover the City's
costs associated with processing an annual review;
WHEREAS, on December 5, 2017, the City Council initiated a zoning code
amendment process to amend Chapter 17.60 (Conditional Use Permit) of Title 17
(Zoning) of the Rancho Palos Verdes Municipal Code to allow the City Council to add
conditions requiring future review or updates of Conditional Use Permits, to clarify which
governing body can conduct annual reviews of Conditional Use Permits, and to authorize
the establishment of a fee for such reviews;
WHEREAS, on January 25, 2018, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the Planning Commission on February
13, 2018; and
WHEREAS, on February 13, 2018, 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:
01203.0005/445195 1
1. The proposed amendments to Chapter 17.60 of Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code clarify that the final deciding body,
unless expressly stated in the adopted Conditions of Approval, shall
conduct future reviews of Conditional Use Permits, and authorize the City
Council to establish a fee for such future reviews by resolution.
2. The proposed amendment to Title 17 is consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that it upholds, and does
not hinder, the goals and policies of those plans. The proposed Code
Amendment will reduce ambiguity in the Code by providing a clear
understanding of which governing body will carry out future reviews of a
Conditional Use Permit.
3. The proposed amendment is exempt from the provisions of the California
Environmental Quality Act and Government Code Section 65962.5(f)
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.
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 OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO CLARIFY
THAT THE FINAL DECIDING BODY, UNLESS EXPRESSLY STATED IN
THE ADOPTED CONDITIONS OF APPROVAL, SHALL CONDUCT
FUTURE REVIEWS OF CONDITIONAL USE PERMITS, AND
AUTHORIZING THE ESTABLISHMENT OF A FEE TO PROCESS SUCH
REVIEWS (CASE NO. ZON2017-00595)," in the form attached to this
Resolution as Exhibit "A".
01203.0005/445195.1 P.C. Resolution No. 2018-08
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PASSED, APPROVED and ADOPTED this 13th day of February 2018, by the following
vote:
AYES: COMMISSIONERS BRADLEY, NELSON, TOMBLIN, LEON, AND VICE
CHAIRMAN JAMES
NOES: COMMISSIONER EMENHISER
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
William J. Ja es,
Vice Chairman
Ara Mihranian, AICP
Director of Community Development
Secretary to the Planning Commission
01203.0005/445195.1 P.C. Resolution No. 2018-08
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EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached.
01203.0005/445195.1 P.C. Resolution No. 2018-08
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.60 (CONDITIONAL USE
PERMIT) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO CLARIFY THAT THE FINAL
DECIDING BODY, UNLESS EXPRESSLY STATED IN THE
ADOPTED CONDITIONS OF APPROVAL, SHALL
CONDUCT FUTURE REVIEWS OF CONDITIONAL USE
PERMITS, AND AUTHORIZING THE ESTABLISHMENT OF A
FEE TO PROCESS SUCH REVIEWS (CASE NO. ZON2017-
00595).
WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning
Districts within the City which identify land uses that are permitted by right or through the
issuance of a Conditional Use Permit;
WHEREAS, Section 17.60 (Conditional Use Permits) of the Rancho Palos Verdes
Municipal Code establishes the purpose, applicability, public hearing requirements,
required findings, and permissible conditions for granting a Conditional Use Permit;
WHEREAS, Section 17.60.050(D) of the Rancho Palos Verdes Municipal Code
authorizes the Planning Commission, when desirable, to add conditions requiring future
reviews of Conditional Use Permits, but does not expressly state which governing body
may conduct a future review or whether a fee should be collected to recover the City's
costs associated with processing a review;
WHEREAS, on December 5, 2017, the City Council initiated a zoning code
amendment process for amendments to Chapter 17.60 (Conditional Use Permit) of Title
17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify which governing bodies
conduct future reviews of Conditional Use Permits and establish a fee for such reviews;
WHEREAS, on February 13, 2018, the Planning Commission held a duly-noticed
public hearing, and adopted P.C. Resolution No. 2018-_, recommending that the City
Council adopt this Ordinance;
WHEREAS, on , a Public Notice was published in the Peninsula News,
providing a notice of a public hearing before the City Council on
WHEREAS, on , the City Council conducted a duly noticed public hearing
on this Ordinance, and all testimony was received was made a part of the public record;
and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2018- , written staff
reports, and any testimony provided at the public hearing.
01203.0005/445195.1 P.C. Resolution No. 2018-08
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the
following findings:
A. Section 17.60.050(D) of the Rancho Palos Verdes Municipal Code creates
ambiguity as to which governing body has the authority to conduct future
reviews of Conditional Use Permits.
B. A fee should be collected to recover the City's costs associated with the
processing of future reviews of Conditional Use Permits.
C. The amendment to Title 17 adopted herein is consistent with the Rancho
Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and
does not hinder, the goals and policies of those plans. Specifically, the
amendment adopted herein will reduce ambiguity in the Code by providing
a clear understanding of which governing body will carry out future reviews
of a CUP.
D. The amendment adopted herein is exempt from the requirements of the
California Environmental Quality Act and Government Code Section
65962.5(f) 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.
Section 2. Section 17.60.050 (D) (Findings & Conditions) of Chapter 17.60 (Conditions
of Approval) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is hereby
amended to the following:
"When warranted, the planning commission or city council may add conditions
requiring future review or updating of maintenance, development plans and
activities. Such future reviews or updates shall be conducted by the final deciding
body, unless expressly stated in the adopted conditions of approval. A fee for such
future reviews or updates shall be as established by resolution of the city council."
Section 3. Severability. If any section, subsection, 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,
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subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Section 4. 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.
PASSED, APPROVED and ADOPTED this _T" day of 2018.
Susan Brooks, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
01203.0005/445195.1 P.C. Resolution No. 2018-08
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I, EMILY COLBORN, 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 , 2018, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on , 2018, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn, City Clerk
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