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ORD 666 ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 17.79 (CITY PROJECTS) OF ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW); AND AMENDING CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE DESIGNATING THE PLANNING COMMISSION'S ROLE AS ADVISORY TO THE CITY COUNCIL FOR CITY PROJECTS INVOLVING DISCRETIONARY DEVELOPMENT APPLICATIONS AND ASSOCIATED UPDATES FOR CONSISTENCY WITH NEW CODE PROVISIONS (CASE NO. PLCA2022-0003) WHEREAS, on March 1, 2022, the City Council initiated code amendment proceedings that included code amendments to Title 17 (Zoning Code) of the Rancho Palos Verdes Municipal Code (RPVMC) to designate the Planning Commission's role as advisory to the City Council for City projects involving discretionary development applications including, but not limited to, conditional use permits, variances, and grading permits; and WHEREAS, the City Council finds that this amendment to the RPVMC will ensure that City projects will have input and final approving authority by the City Council; and WHEREAS, on September 12, 2022, a public notice was published in the Daily Breeze and sent out to interested parties, announcing code amendment proceedings to be considered by the Planning Commission on September 27., 2022, pursuant to the requirements of the RPVMC; and WHEREAS, on September 27, 2022, the Planning Commission held a duly noticed public hearing, and after considering information presented including public testimony, adopted P.C. Resolution No. 2022-14, recommending that the City Council adopt an ordinance and finding the code amendment 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 the Planning Commission's role as advisory to the City Council for City projects requiring discretionary applications; and WHEREAS, on September 29, 2022, .a public notice was published inthe Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be considered by the City Council on October 18, 2022, pursuant to the requirements of the RPVMC; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2022-14, written staff reports, and any testimony provided at the public hearing. 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 and are incorporated herein by reference. Section 2: Chapter 17.79 (City Projects) of Article VII (Development Application and Review) of Title 17 (Zoning) is added to read: "Chapter 17.79 — City Projects 17.79.010 — Purpose. Notwithstanding anything to the contrary anywhere in this code, this chapter establishes the Planning Commission's role as an advisory body to the City Council for all City projects that require discretionary review. 17.79.020 — Procedure All City projects that require discretionary review and approval shall be heard by the City Council at a duly noticed public hearing as the final approving authority, with the Planning Commission acting as an advisory body at a duly noticed public hearing. In all other respects, City projects shall be subject to the provisions of this code." Section 3: The following definitions are added to Chapter 17.96 (Definitions) of Article VIII (Administration) of Title 17 (Zoning): 17.96.394 City Projects. "City projects" means any new construction, renovation, repair and/or maintenance of a building and/or property owned, leased, or occupied by the City of Rancho Palos Verdes. 17.96.672 Facility. "Facility" means something that is built, installed, or established to serve a particular purpose. 17.96.788 Governmental facility. "Governmental facility" means any public facility owned or used and operated for governmental purposes by the city, the county, the state, and the government of the United States of America, and any special district or other local agency. Governmental facilities include City Projects. Section 4. The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it constitutes general policy and procedure making; (2) it does not constitute a "project" under CEQA Ordinance No. 666 Page 2 of 4 Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 5. 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 6. 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 111 this ordinance and its certification, together with proof of posting, to be entered in the Book'of Ordinances of the Council of this City. Section 7. This ordinance shall take effect 30 days after its adoption. PASSED, APPROVED and ADOPTED this 1 tst d • Novembe 2022. 01111111W ___ 411110 David L. Bradley, May• ATTEST: q-eresa aoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES 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. 666 Page 3 of 4 Ordinance No. 666 passed first reading on October 18, 2022, was duly adopted by the City Council of said City at a regular meeting thereof held on November 1, 2022, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley NOES: None ABSENT: None ABSTAIN: None City Clerk I Ordinance No. 666 Page 4 of 4 I 4 / 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 November 2, 2022, she caused to be posted the following document entitled: ORDINANCE NO. 666, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 17.79 (CITY PROJECTS) OF ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW); AND AMENDING CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE DESIGNATING THE PLANNING COMMISSION'S ROLE AS ADVISORY TO THE CITY COUNCIL FOR CITY PROJECTS INVOLVING DISCRETIONARY DEVELOPMENT APPLICATIONS AND ASSOCIATED UPDATES FOR CONSISTENCY WITH NEW CODE PROVISIONS (CASE NO. PLCA2022-0003), a copy of which is attached hereto, in the following locations: City Hall Abalone Cove Shoreline Park 30940 Hawthorne Blvd. 5970 Palos Verdes Drive South 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. aft, ciAt• ity Clerk