ORD 491 ORDINANCE NO. 491
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
SECTION 17.14.030 OF CHAPTER 17.14 (COMMERCIAL LIMITED ZONE
DISTRICT) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE.
WHEREAS, Chapters 17.14 of Title 17 of the Rancho Palos Verdes Municipal Code
(the "Municipal Code") sets forth various permitted and conditionally permitted uses allowed
within the CL Zoning Districts within the City, and,
WHEREAS, on January 21, 2009, the City Council directed Staff to initiate and bring
forth a Code Amendment that requires the approval of a Conditional Use Permit for any use in
the CL zone; and,
WHEREAS, on February 5, 2009, notice of a public hearing on the proposed
amendments to Chapters 17.14, 17.16, and 17.20 of Title 17 of the Municipal Code was
published in the Palos Verdes Peninsula News, mailed to 683 property owners within an
approximate 500-foot radius from the CL-zoned properties in the City, and mailed to owners of
CL-zoned property; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the Planning Commission conducted a public hearing on February 24, 2009,
at which time all interested parties were given an opportunity to be heard and present
evidence regarding said amendments to Title 17 as set forth in the Planning Commission Staff
Report of that date; and,
WHEREAS, the Planning Commission reviewed and considered the proposed code
amendments to Title 17 and adopted P.C. Resolution No. 2009-08 forwarding its
recommendations to the City Council for its consideration; 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 March 17, 2009, at
which time all interested parties were given the opportunity to be heard and present evidence;
and,
WHEREAS, on March 17, 2009, the City Council continued the item to the May 5, 2009
meeting to allow for additional Council members to be present; and,
WHEREAS, on May 5, 2009, the City Council continued the item to the June 16, 2009
meeting to allow for additional Council members to be present; and,
WHEREAS, on June 16, 2009, the City Council held a duly noticed public hearing, at
which time all interested parties were given an opportunity to be heard and present evidence;
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 Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Ordinance No. 491
Page 1 of 3
Statement), Staff found no evidence that Case No. ZON2009-00034 would have a significant
effect on the environment and, therefore, the proposed Zone Text Amendment has been found
to be categorically exempt under Section 15308 (Class 8) since the amendment would "assure
the maintenance, restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for the protection of the environment", and the
Amendment is deleting conditionally permitted uses currently listed in Section 17.14.030
(Commercial Limited District) of the Rancho Palos Verdes Municipal Code.
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 amendments to
Chapters 17.14 of Title 17 of the Rancho Palos Verdes Municipal Code.
Section 2: The City Council finds that there is no substantial evidence that the
amendments to Title 17 would result in new significant environmental effects since the
amendment would "assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for the protection of the
environment." The proposed Zone Text Amendment is deleting three conditionally permitted
uses from Section 17.14.030 of the Rancho Palos Verdes Municipal Code. Further, the Zone
Text Amendment, which involves no physical change to the environment itself, has no
possibility to have a significant effect on the environment. Lastly, the Zone Text Amendment
does not involve construction activities and is not a relaxation of standards allowing
environmental degradation. As such, the City Council hereby finds, based on its own
independent review, that the Zone Text Amendment is categorically exempt pursuant to
Section 15308 (Class 8), and no further environmental review is necessary or required.
Section 3: Section 17.14.030 (Uses and development permitted by conditional use
permit) of Chapter 17.14 of Title 17 of the Municipal Code is hereby amended to read as
follows (Strikethrough is for text to be removed, and underlined is for text to be added):
17.14.030 Uses and development permitted by conditional use permit.
The following uses and development may be permitted in the commercial limited (CL)
zone, if it is found in each individual case by the planning commission that the criteria and
limitations imposed on such uses by other provisions of this title are satisfied, and if specific
conditions are imposed to carry out the intent and purpose set out in Section 17.14.010 of this
chapter and Chapter 17.60 (Conditional Use Permits):
A. Automobile service stations, pursuant to Section 17.76.090 (Automobile service
stations);
B. Flower and produce stands and similar commercial/agricultural retail uses;
C. Convenience stores, pursuant to Section 17.76.080 (Convenience stores);
D. Bed and breakfast inns;
E. Outdoor sale, storage or display of merchandise and/or provisions of services,
only in conjunction with a permanent use in a building, except for temporary
outdoor uses which may be permitted with a special use permit or temporary
vendor permit, pursuant to Chapter 17.62 (Special Use Permits), by the director;
F. Cleaners/laundry uses which have cleaning operations on site;
G. Churches;
Ordinance No. 491
Page2 of 3
H. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite
dishes);
I. Concurrent sales of alcohol and motor fuel;
J. Developments of natural resources, except in the coastal specific plan district;
K. Golf courses, driving ranges and related ancillary uses;
L. Governmental facilities;
M. Private educational uses, including nursery schools and day nurseries;
N. Public utility structures;
O. Outdoor active recreational uses and facilities;
P. Small wind energy systems, pursuant to Section 17.76.150 (Small wind energy
systems); and
Q. Such uses as the director deems to be similar and no
more intensive. Such a determination may be appealed to the planning
commission and the planning commission's decision may be appealed to the city
council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a
proposed use or development is located in the coastal specific plan district, the
city's final decision regarding such other use may be appealed to the California
Coastal Commission for a determination that the uses are similar and
compatible with the local coastal program.
Section 4: 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 30th day • June 2009.
'aft
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, 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. 491 passed first reading on June 16, 2009, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on June 30, 2009 by the
following vote:
AYES: Long, Stern, Wolowicz and Clark
NOES: None
ABSENT: Gardiner
ABSTAIN: None
'r ,c
City Clerk
Ordinance No. 491
Page 3of3
RANCHO
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 July 8, 2009, she caused to be posted the following document
entitled: ORDINANCE NO.491,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 17.14.030 OF CHAPTER 17.14
(COMMERCIAL LIMITED ZONE DISTRICT) OF TITLE 17 OF THE CITY'S
MUNICIPAL CODE, 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
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.
3,(A__ 0 /
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.491.doc