ORD 356 ORDINANCE NO. 356
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 17.86.050 (ENFORCEMENT) OF TITLE 17
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
PROHIBIT THE FILING OR PROCESSING OF VIEW
RESTORATION, VIEW PRESERVATION, CITY TREE REVIEW
APPLICATIONS OR ANY OTHER APPLICATION FOR
DEVELOPMENT OR USE BY AN OWNER OF A LOT THAT IS IN
VIOLATION OF THE CITY'S MUNICIPAL CODE.
WHEREAS, on February 15, 2000 a City-initiated Code Amendment was
approved by the City Council for review by the Planning Commission; and
WHEREAS, after notice was given pursuant to the provisions of the
Rancho Palos Verdes Municipal Code, the Planning Commission conducted a
public hearing on March 14, 2000, at which time all interested parties were given
an opportunity to be heard and present evidence regarding said amendment to
Title 17, as set forth in the Planning Commission Staff Report of that date; and
WHEREAS, at their March 14th meeting, the Planning Commission
directed Staff to further investigate the proposed language and continued the
public hearing to March 28, 2000; and
WHEREAS, at their March 28, 2000 meeting, the Planning Commission
reviewed and considered the proposed code amendment to Title 17 and
forwarded its recommendations to the City Council; and
WHEREAS, on April 1, 2000 a notice of a public hearing on this code
amendment was published in the Palos Verdes Peninsula News; and
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the City Council held a duly noticed public
hearing on April 18, 2000, at which time all interested parties were given the
opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council has reviewed and considered the
amendment to Chapter 17.86 of Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendment to Title 17 of the
Municipal Code is consistent with California Government Code Section 65853,
the zoning amendment procedures.
Section 3: The City Council finds that the 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, in
particular to carefully control and direct future growth towards making a positive
contribution to all elements of the community.
Section 4: The City Council finds that the amendment to Title 17 is
substantially the same as previous provisions of the Rancho Palos Verdes
Municipal Code or any other ordinance repealed, amended or superseded upon
the enactment of this ordinance and that the amendment to Title 17 shall be
construed as a restatement and continuation of the previous provisions and not
as a new enactment.
Section 5: The City Council further finds that there is no substantial
evidence that the amendment to Title 17 will 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 is a clarification and a minor non-substantive revision to the
Development Code. An addendum to the prior Negative Declaration has been
prepared and is attached hereto as Exhibit `A'. The City Council hereby finds,
based on its own independent judgement, that the facts stated in the addendum
are true because the minor revision to the Development Code will strengthen the
Code by preventing development on lots where code violations exist.
Section 6: The City Council finds that the amendment to Title 17 is
necessary to preserve the public health, safety, and general welfare in the area.
Section 7: Paragraphs A and C of Section 17.86.050 of Chapter 17.86
of Title 17 of the Rancho Palos Verdes Municipal Code are hereby amended to
read as follows:
17.86.050 Disqualification for violation.
A. The city shall not accept for processing or grant:
1. Any application for a development, use or other permit or
entitlement on any lot or parcel on which the director has verified
that a violation of this Municipal Code exists; or,
2. A View Restoration or a View Preservation application or an
application for a City Tree Review permit submitted by the owner
of a lot or parcel on which the director has verified that a
violation of this Municipal Code exists.
Ordinance No. 356
Page 2 of 4
An application may be accepted or granted by the city if the subject lot or parcel
is brought into compliance with this Municipal Code, either by removing the violation or
by submitting an application to legalize the violation and a permit or approval is granted
pursuant to Section 17.86.050(B) of this chapter.
C. A determination of violation pursuant to paragraph A and a permit or
approval granted pursuant to Paragraph B of this Section 17.86.050 may
be appealed by any interested person Pursuant to Chapter 17.80 (Hearings,
Notices, and Appeal Procedures) of this Title.
Section 8: 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
this 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, 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 9: The amendment to Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all applications, including, but
not limited to View Restoration, View Preservation or City Tree Permits,
submitted after the effective date of this ordinance.
Section 10: The City Clerk shall certify to the adoption of this ordinance
and shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 2nd day of May, 2000.
3
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Ma r
ATT-ST:
44.
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
Ordinance No. 356
Page 3 of 4
I, JO PURCELL, 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. 356 passed first reading on April 18,
2000, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on May 2, 2000 and that the same was passed and adopted
by the following roll call vote:
AYES: Lyon, Ferraro, McTaggart, Stern, and Mayor Byrd
NOES: none
ABSENT: none
ABSTAIN: none
/ �.
City,lerk
Ordinance No. 356
Page 4 of 4
ADDENDUM NO. 5 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
MAY 2, 2000
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 therefore, upon the environment.
The City Council is currently considering an amendment to Title 17 of the Development
Code, prohibiting the filing or processing of View Restoration or View Preservation
applications or applications for a City Tree Review permit or for any other development
or use by an owner of a lot that is in violation of the Municipal Code. The proposed
amendment clarifies the existing Code requirements and will not result in any new
significant environmental effects. As such, the City Council has independently reviewed
this item and determined that the proposed amendment will not result in any new
significant environmental effects and will actually reduce impacts upon the environment.
Furthermore, the City Council finds that the amendments are within the scope of EA/ND
No. 694 that were prepared and adopted in conjunction with the amendments to Titles
16 and 17, that were adopted on April 19, 1997 by the City Council. As a result, no
further environmental review is necessary.
Exhibit "A"
Ordinance No. 356
Page 1 of 1
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 appointed City Clerk of the
City of Rancho Palos Verdes;
That on June 15, 2000 she caused to be
posted the following document entitled: ORDINANCE NO. 356
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION
17.86.050 (ENFORCEMENT) OF TITLE 17 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO PROHIBIT THE FILING OR PROCESSING OF VIEW
RESTORATION, VIEW PRESERVATION, CITY TREE REVIEW APPLICATIONS OR
ANY OTHER APPLICATION FOR DEVELOPMENT OR USE BY AN OWNER OF A LOT
THAT IS IN VIOLATION OF THE CITY'S MUNICIPAL CODE.
a copy of which is attached hereto, in the following locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U.S. Post Office
28649 S. Western Ave. Ladera Linda Community Center
Rancho Palos Verdes 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Ryan Park
Rancho Palos Verdes 30359 Hawthorne Blvd.,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and co ect affadavit of posting.
I / /
City Clerk
W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc
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