ORD 513U ORDINANCE NO. 513U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS) OF THE
DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC
PLAN DISTRICT VII" FOR EASTVIEW PARK, AND DECLARING THE
URGENCY THEREOF.
WHEREAS, on November 8, 1989, the City Council adopted Ordinance No. 248,
thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII") for the
purpose of regulating the use and development of Eastview Park, located at 1700
Westmont Drive; and,
WHEREAS, for some unknown reason, "Specific Plan District VII" was never
codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan
Districts) of Title 17 of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, on July 20, 2010, the City Council authorized the initiation of the
Specific Plan Clean-Up Code Amendment (Planning Case No. ZON2010-00223) to
correct the omission of "Specific Plan District VII" from Chapter 17.38 (Specific Plan
Districts); and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
August 24, 2010, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Chapter 17.38 of Title 17 as
set forth in the Planning Commission Staff report of that date, and adopted P.C.
Resolution No. 2010-27, thereby forwarding its recommendation of approval for the
proposed Specific Plan Clean-Up Code Amendment to the City Council; 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 Regulations, Title 14, Section 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes determined that there is
no substantial evidence that the approval of Planning Case No. ZON2010-00223 would
result in a significant adverse effect on the environment. Accordingly, Addendum No. 1
to the Negative Declaration prepared in conjunction with the adoption of Ordinance
No. 510 was prepared and is attached to this Ordinance; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on September 21,
2010, at which time all interested parties were given an opportunity to be heard and
present evidence regarding the proposed Specific Plan Clean-Up Code Amendment, as
set forth in the City Council Staff report of that date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapter 17.38 of Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 17.38 of
Title 17 of the Municipal Code are consistent with California Government Code Section
65853, Zoning Amendment Procedures.
Section 3: The City Council finds that the amendments to Chapter 17.38 of
Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that merely correct an existing error in Chapter 17.38 and make other
non-substantive changes that will reduce confusion regarding the City's specific plan
districts in the future, which changes shall help to preserve and enhance the
community's quality living environment, and enhance the visual character and physical
quality of existing neighborhoods.
Section 4: The City Council finds that the amendments to Chapter 17.38 of
Title 17 are necessary to preserve the public health, safety, and general welfare in the
area.
Section 5: The City Council further finds, based upon its own independent
review, that there is no substantial evidence that the minor amendments to Chapter
17.38 of Title 17 proposed under the Specific Plan Clean-Up Code Amendment would
result in new significant environmental effects, or a substantial increase in the severity
of the effects, as previously identified the Negative Declaration, adopted through
Resolution No. 2010-43 in conjunction with Ordinance No. 510 for amendments to
miscellaneous provisions of Title 17 of the Municipal Code for the Residential
Development Standards Steering Committee Code Amendment and Zone Change,
since the new amendments would merely correct the omission of an existing specific
plan district from the Municipal Code and re-title the existing specific plan districts listed
in Chapter 17.38. Addendum No. 1 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 judgment, that the facts stated in the Addendum are true because
the revisions to Chapter 17.38 of Title 17 of the Municipal Code are minor in nature and
will have no significant adverse environmental impacts.
Section 6 Chapter 17.38 of Title 17 is hereby revised to read as follows (the
underlined text represents new language and the text represents deleted
language):
Chapter 17.38 - SPECIFIC PLAN DISTRICTS
17.38.010 - Purpose.
17.38.020 - Establishment.
Ordinance No. 513U
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17.38.030 -Area delineation.
17.38.040 - Content.
17.38.050 - Conflict with other code provisions.
17.38.060 - ' " Coastal specific plan district.
17.38.0 70 - - e--' = . - e' Western Avenue specific plan district 1.
17.38.080 - - :--" : - - e' Western Avenue specific plan district 2.
17.38.090 - - •--• • • - - •• . Western Avenue specific plan district 3.
17.38.100 - Eastview Park specific plan district.
17.38.010 - Purpose.
A specific plan district designates functionally interrelated geographic areas where
detailed studies are being conducted. These studies shall provide the means for
coordinating, balancing and regulating the development of property within a specific
plan district in order to provide consistency with the goals of the general plan.
17.38.020 - Establishment.
The planning commission may, or if so directed by the city council, shall, designate
districts for which specific plans shall be prepared based on the general plan and
recommend regulations, programs and legislation as may, in its judgment, be required
for the implementation of the general plan. A specific plan district may be designated
while a specific plan is in progress or following its completion. The planning commission
may recommend such plans and measures to the city council for adoption according to
the provisions of California Government Code Sections 65450 through 65457, which
are incorporated into this chapter by this reference, as if fully set forth.
17.38.030 -Area delineation.
Each specific plan district must encompass an identifiable, functionally interrelated,
geographic area. A definite boundary shall be shown or described, although the plan
documents may show or provide information concerning land outside the area for
reference purposes.
17.38.040 - Content.
A specific plan may include maps, plans, diagrams, models and text, which shall
include, at a minimum, the information required by California Government Code
Sections 65451 and 65452.
17.38.050 - Conflict with other code provisions.
In the event that the regulations or requirements of a specific plan district are in conflict
with other applicable provisions of this title, the specific plan shall govern.
17.38.060— Coastal specific "' plan district i.
_ • -_• • - - : . • • - - The coastal specific plan district. This district comprises all
land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated
on the city's official zoning map. The provisions and requirements for this district are set
forth in Chapter 17.72 (Coastal Permits).
Ordinance No. 513U
Page 3 of 5
17.38.070- Western Avenue specific SpeGifio plan district 111.
Western Avenue specific-SpeGifiG plan district 111 encompasses The Terraces shopping
center at the southwest corner of Caddington Drive and Western Avenue (28901,
28824-28947 Western Avenue). The plan strives to provide a safe, convenient and
attractive commercial development related to the needs of the area. The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
17.38.080- Western Avenue specific-SpeGifio plan district 2 M.
Western Avenue specific SpeGifio plan district 2 III encompasses the west side of
Western Avenue, south of Crestwood Street to the city boundary (29505-29701
Western Avenue). The plan establishes a guide for the comprehensive renovation of
the existing commercial development. The current specific plan which sets forth the
requirements and standards for this district is on file in the office of the director.
17.38.090- Western Avenue specific SpeGific plan district 3 1-v.
Western Avenue specific SpeGifio plan district 3 I-V encompasses all properties which
front on the west side of Western Avenue from, and including, 29019-29421 Western
Avenue. This area is located between Western Avenue specific plan districts 1 11 and 2
M. This plan encourages quality renovation and development that builds on the
opportunities available to this area and eliminates, or reduces, the constraints this area
faces. The plan proposes cohesiveness in design to suggest an identity for the site as
well as for the city. The current specific plan which sets forth the requirements and
standards for this district is on file in the office of the director.
17.38.100- Eastview Park specific plan district.
The Eastview Park specific plan district encompasses Eastview Park, located at 1700
Westmont Drive. The property is owned by the Los Angeles County Sanitation Districts
and provides a secure access point for the Districts' Joint Outfall System sewer lines.
The city leases the property from the Districts for park purposes. The plan ensures that
the park is maintained and developed for passive recreational use that is compatible
with the surrounding residential and commercial lands uses and preserves the Districts'
rights and ability to access and maintain the underground sewer lines. The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
Section 7: In order to protect the public health, safety and welfare it is
necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance to
correct the omission of Specific Plan District VII for Eastview Park from Chapter 17.38
of Title 17, and to re-title the City's existing specific plan districts. The urgency in this
case is that, on November 2, 2010, the City's voters will be asked to consider the
Marymount College Initiative, which would (among other things) create a new specific
plan district in the City. However, if this initiative passes before the corrected language
of Chapter 17.38 is effective, it will lead to confusion in the language and organization
of Chapter 17.38 since the proposed specific plan Code citation and name under the
Marymount College Initiative would be out of sequence with those of existing and
Ordinance No. 513U
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previously-proposed specific plan districts in the City. Therefore, this ordinance is
necessary for the public health, safety and welfare and shall take effect immediately
upon adoption as an Urgency Ordinance.
Section 8: 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 21ST DAY OF SEPTEMBER 2010.
•
41/.1 i / ■if
/ MA •R
ATTEST:
C7717
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. 513U was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on September 21, 2010, and that
the same was passed and adopted by the following roll call vote:
AYES: Campbell, Misetich, Long and Wolowicz
NOES: None
ABSENT: Stern
ABSTAIN: None
CITY CLERK
Ordinance No. 513U
Page 5 of 5
ORDINANCE NO. 513U — EXHIBIT `A'
ADDENDUM NO. 1 TO NEGATIVE DECLARATION
SEPTEMBER 21, 2010
Project Background: On June 1, 2010, the City Council adopted Resolution No. 2010-
43, thereby adopting a Negative Declaration for miscellaneous amendments to Title 17
of the City's Municipal Code to enact the Residential Development Standards Steering
Committee Code Amendment and Zone Change (Ordinance No. 510). Prior to its
adoption, the Negative Declaration was circulated for public comment from April 1, 2010,
through May 1, 2010. In adopting the Negative Declaration, the City Council found that:
1) the Negative Declaration was prepared in the manner required by law and that there
was no substantial evidence that, with appropriate mitigation measures, the approval of
the Residential Development Standards Steering Committee Code Amendment and
Zone Change (Planning Case No. ZON2007-00377) would result in a significant adverse
effect upon the environment; and 2) that the Residential Development Standards
Steering Committee Code Amendment and Zone Change were consistent with the
Rancho Palos Verdes General Plan and with the Coastal Specific Plan.
Proposed Amendments: The City Council is currently reviewing further amendments
to Title 17 that would revise Chapter 17.38 (Specific Plan Districts) to 1) correct the
current omission of Specific Plan District VII for Eastview Park from this chapter; and 2)
re-title the existing specific plan districts in the City from numbered to descriptive
designations. The proposed amendments are intended to correct an existing error in the
Municipal Code, and to avoid confusion in the future in the event that the new specific
plan district proposed pursuant to the Marymount College Initiative is enacted by the
City's voters.
Purpose: This Addendum to the previously-adopted Negative Declaration is being
prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA)
Guidelines which allows for the lead agency to prepare an addendum to an adopted
Negative Declaration if only minor technical changes or additions are necessary or none
of the conditions described in Section 15162 calling for the preparation of a subsequent
EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no
subsequent Negative Declaration shall be prepared for the project unless the lead
agency determines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
(1) Substantial changes are proposed in the project that will require major revisions
of the previous Negative Declaration due to the involvement of new, significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or,
(3) New information of substantial importance identifies one or more significant
effects not discussed in the previous Negative Declaration, significant effects
previously examined will be substantially more severe than shown in the previous
Negative Declaration, mitigation measures or alternatives previously found not to
be feasible or not analyzed in the Negative Declaration would be feasible and
Ordinance No. 513U
Page 1 of 2
would substantially reduce one or more significant effects but the project
proponents decline to adopt of the measure or alternative.
FINDINGS REGARDING THE PROPOSED PROJECT REVISIONS:
Staff analyzed the proposed revisions to determine if any impacts would result from the
proposed changes to the language of Chapter 17.38 of Title 17 of the Municipal Code.
The City Council has independently reviewed this item and has determined that,
pursuant to CEQA Guidelines Section 15162, a new Negative Declaration is not required
for this revision because the proposed amendments will not result in any new significant
environmental effects:
(1) The proposed revisions do not result in any new significant environmental effects
and, like Ordinance No. 510, no significant impacts have been identified. The
revisions to Chapter 17.38 of Title 17 do not present new significant
environmental impacts because they merely correct the current omission of
Specific Plan District VII from the Municipal Code and re-title the other existing
specific plan districts in the City so as to avoid confusion and duplication in the
future. Therefore, the proposed revisions do not represent a substantial change
in the project, and will not result in new significant environmental impacts or a
substantial increase in the severity of any impacts.
(2) The proposed revisions will not result in any significant environmental impacts,
and the circumstances under which the project is being undertaken have not
substantially changed since the CEQA determination was made for Ordinance
No. 510. The scope of the proposed revisions, although potentially effective
citywide, will be limited to only those areas of the City governed by existing or
future specific plan districts. There are no changes with respect to the
circumstances under which the revisions are undertaken that will require major
revisions of the previous Negative Declaration.
(3) No new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
prior Negative Declaration was adopted, identifies a significant environmental
effect. Because the proposed revisions would not result in any new or more
severe environmental impacts that those associated with Ordinance No. 510,
there is no need for new or substantially modified mitigation measures.
Therefore, pursuant to CEQA, the City Council finds that no further environmental review
is necessary other than the City Council's adoption of this Addendum No. 1.
Ordinance No. 513U
Page 2 of 2
lig
RANCHO 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 September 23, 2010, she caused to be posted the following document
entitled: ORDINANCE NO. 513U - AN ORDINANCE OF THE CITY OF
RANCHO PALOSVERDESAMENDING CHAPTER 17.38 (SPECIFIC PLAN
DISTRICTS) OF THE DEVELOPMENT CODE TO CORRECT THE
OMISSION OF "SPECIFIC PLAN DISTRICT VII" FOR EASTVIEW PARK,
AND DECLARING THE URGENCY THEREOF, 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.
I i m Pitetee_
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.513U.doc