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ORD 606 ORDINANCE NO. 606 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 COMPLIANCE REVIEWS OF CONDITIONAL USE PERMITS. WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning Districts within the City that 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 or compliance 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 to amend Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify which governing bodies conduct compliance reviews of Conditional Use Permits and to 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. 2018-08, recommending that the City Council adopt this Ordinance; WHEREAS, on March 15, 2018 and March 29, 2018, a public notice was published in the Palos Verdes Peninsula News, providing a notice of a public hearing before the City Council on April 17, 2018; WHEREAS, on April 17, 2018, 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; WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings stated in P.C. Resolution No. 2018-08, written staff reports, and any testimony provided at the public hearing; 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 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 compliance reviews of Conditional Use Permits. B. 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 Conditional Use Permit. C. 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 read as follows: "When warranted, the Planning Commission or City Council may add conditions requiring compliance review or updating of maintenance, development plans and activities. Such compliance reviews or updates shall be conducted by the final deciding body of a Conditional Use Permit, unless expressly stated in the adopted conditions of approval. The submittal of a fee, as established by resolution of the City Council, shall be required for processing such compliance reviews or updates." Section 3. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) and Section 15321. The Code Amendment is exempt because it consists of only 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, and does not have the potential to cause significant effects on the environment. Section 4. 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, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. 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. Ordinance No. 606 Page 2 of 3 Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED and ADOPTED this 1st day of May 2018. ayor ATTEST: 4111 IPAP Cit Cle k STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) 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. 606 passed first reading on April 17, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 1, 2018, and that the same was passed and adopted by the following roll call vote: AYES: Cruikshank, Duhovic, Dyda and Mayor Brooks NOES: None ABSENT: Alegria ABSTAIN: None 11114 - klek Ordinance No. 606 Page 3 of 3 CITY OF RANCHO 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 City Clerk of the City of Rancho Palos Verdes; That on May 2, 2018, she caused to be posted the following document entitled: ORDINANCE NO. 606, 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 COMPLIANCE REVIEWS OF CONDITIONAL USE PERMITS, 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 0 Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoin is a true and correct affidavit of posting. y Clerk