ORD 532 ORDINANCE NO. 532
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING REVISIONS TO SECTION 17.90 OF THE CITY'S
MUNICIPAL CODE, THEREBY CHANGING THE ALLOWABLE
MOVEMENT OF AN OPEN-SPACE HAZARD BOUNDARY LINE
THROUGH THE INTERPRETATION PROCEDURE FROM THIRTY (30)
FEET TO ONE-HUNDRED (100) FEET.
WHEREAS, on April 15, 1997, Ordinance No. 320 was adopted by the City
Council for various amendments and changes to Title 16 and 17 of the City's Municipal
Code, including the creation of the Interpretation Procedure (Chapter 17.90); and,
WHEREAS, Municipal Code Chapter 17.90 allows the discretionary adjustment
of zoning or special district boundary lines depicted on the City's Official Zoning Map
without the processing of a Zone Change, as well as allows interpretations to be made
in cases of uncertainty or ambiguity as to the meaning or intent of the City's Building or
Development Codes; and,
WHEREAS, since adoption of the Interpretation Procedure in 1997, the City has
processed interpretations on six different properties where the Open Space Hazard
("OH") District was located on the developed portion of a residential property and the
OH District boundary line could be moved a small distance to accurately reflect site
conditions; and,
WHEREAS, based upon the comments from the public and the Planning
Commission, it was suggested that the City consider increasing the allowable
movement of a boundary line through the Interpretation Procedure described in Chapter
17.90; and,
WHEREAS, on October 18, 2011, the City Council initiated a Code Amendment
to revise Municipal Code Chapter 17.90 to amend the Interpretation Procedures to allow
the Community Development Director, upon initiation by a property owner, to make
administrative adjustments of a zoning or special district boundary line from thirty feet to
one-hundred feet without the processing of a Zoning Map amendment; and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on December 13, 2011, at which time Staff presented the proposed language to
implement the amended interpretation procedure. Based on public testimony, the
Planning Commission moved to continue the public hearing to January 10, 2012, with
direction to Staff to: add to the recommendation to the Council that they waive appeal
fees in addition to the application fees for an interpretation procedure; add code
language which allows the Director to make "common sense" moves to the OH
boundary lines, based upon criteria established by the City Geologist; address the issue
for properties located completely within the OH area, where the OH boundary line does
not "traverse" the property; make the Council aware of the costs of to the property
owner for third party geological review; establish a time limit for how long the Director
could conduct discretionary adjustments to OH boundary lines; and, address the issue
of successive applications; and,
WHEREAS, on January 10, 2012, the Planning Commission adopted Resolution
No. 2012-01, thereby recommending that the City Council adopt an ordinance revising
Section 17.90 of the City's Municipal Code, thereby changing the allowable movement
of an Open-Space Hazard boundary line through the Interpretation Procedure from
thirty (30) feet to one-hundred (100) feet; and,
WHEREAS, on January 19, 2012, a notice was set to all property owners with
the Open-Space Hazard zoning district on their property informing them of this
proposed code amendment; and,
WHEREAS, on January 19, 2012, notice of the public hearing on the proposed
amendments to Chapter 17.90 of the Municipal Code was published in the Palos
Verdes Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 2100 et seq. ("CEQA"), the State's CEQA
Guidelines, California Code Regulations, Title 14, Section 1500 et seq., the City's Local
CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), on February 7, 2012, copies of the draft Addendum No. 3 to
the Negative Declaration for Ordinance No. 510 were distributed to the City Council and
prior to taking action on the proposed code amendment, the City Council independently
reviewed and considered the information and findings contained in Addendum No. 3;
and,
WHEREAS, on February 7, 2012, the City Council held a public hearing, at which
time all interested parties were given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the amendments to Title 17 of the Municipal Code are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 2: 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.
Section 3: That the amendments to Title 17 are consistent with the Rancho
Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not
Ordinance No. 532
Page 2 of 7
hinder, the goals and policies of those plans. Specifically, the revisions to Chapter
17.90 will allow property owners more flexibility to adjust the open space hazard zoning
district boundary line to more accurately reflect the site conditions on property.
Section 4: That the amendments to Chapter 17.90 are necessary to preserve
the public health, safety, and general welfare in the area
Section 5: That Chapter 17.90 (Interpretation Procedure) of Title 17 of the
Municipal Code is hereby revised as follows (strikethrough text for language removed,
and bold and underlined text for new language):
17.90.010 - Purpose and scope.
This chapter provides a procedure for the following interpretations to the
Municipal Code:
A. In cases of uncertainty or ambiguity as to the meaning or intent of any provision
of Title 16 or Title 17 of this Code, or to further define or enumerate the uses
permitted in the various zones zoning districts. ' '
- - -. -et - -- - - = " " ' ' ' = ' '=. Said interpretations shall be
generally applicable to all situations of the same type and shall not be
limited or directed to specific parcels or circumstances thereon.
B. An adjustment of an open-space hazard zoning district boundary line
(except within the coastal zone) up to one hundred (100) feet from the
location depicted on the city's official zoning map, except for a coastal
wee -
. "' m = " ' ' . - _ ' .• '=, - - = if such adjustment is necessary to demarcate a
more accurate and precise location of the open-space hazard district
boundary line on the official zoning map, based on site conditions and
geology .
C. An adjustment of a Coastal specific plan setback zone boundary lines_
open-space hazard district boundary lines within the coastal zone, up to
five (5) feet from the location depicted on the city's official zoning map, may
only be adjusted up to five feet if such adjustment is necessary to demarcate
a more accurate and precise location of the open-space hazard district
boundary line on the official zoning map, based on site conditions and
approved geology. - - - - - - - - - - - e--e - . •._. •. . .
Except in the case of a zoning or special district boundary adjustment,
type and shall not be limited or directed to specific parcels or circumstances
thereon,
D. An adjustment to a zoning or special district boundary line, other than the
open-space hazard district boundary line or a coastal specific plan setback
zone boundary line, of up to thirty (30) feet from the location depicted on
the official zoning map.
(Ord. 320 § 7 (part), 1997)
Ordinance No. 532
Page 3 of 7
17.90.020 - Initiation.
A. The preparation of An interpretation related to Section 17.90.010.A,
17.90.010.0 or 17.90.010.D may be initiated by the city council, planning
commission, . '- - = - '= - -=-- ''• = - = director, or by any person upon the
written request and payment of fee, as established pursuant to city council
resolution, ems.
B. An interpretation related to Section 17.90.010.B may only be initiated by the
owner of the property on which said open-space hazard zoning district is
located.
1. The written interpretation request shall include the property address, the
requested distance that the zoning district boundary line or area is to be
adjusted from the location depicted on the zoning map, and the property
owner's original signature. Furthermore, said written request shall be
accompanied by a scaled site plan, including the property lines, the
existing open-space hazard boundary line, and the proposed new
boundary line with the scaled distance of the proposed movement of the
boundary line, as well as a fee for a geological site inspection by the
city's geotechnical staff to verify that the proposed adjustment of an
open space hazard zoning district boundary line will not adversely
impact the public health, safety and welfare.
2. Requests for interpretation pursuant to Section 17.90.010.B for any lot or
parcel cannot exceed a cumulative total of 100 feet from the original
location of the open-space hazard line.
(Ord. 320 § 7 (part), 1997)
17.90.030 - Basis of interpretation.
A. An interpretation shall be based on an examination of the intent of this Code,
considering all the relevant provisions thereof, and shall be consistent with such
intent. Consideration shall be given to the relationship among the regulations of
the various zoning classifications and the uses and development standards
therein.
B. In the case of an interpretation involving further definition or enumeration of uses
permitted in a particular zone, consideration shall be given to the similarities and
differences between the characteristics of each use subject to interpretation and
the characteristics of those uses expressly permitted in the zone.
C. In the case of an interpretation involving the location of an open ce h ,zard
zoning district or a coastal specific plan setback zone boundary line,
consideration shall be based on geotechnical and/or soils reports.
D. In the case of an interpretation involving the location of an open space
hazard zoning district boundary line, consideration shall be based on
geotechnical and/or soils reports, only if required by the city's geotechnical
staff after the initial geological site inspection. Otherwise, the
interpretation will be based upon the geological site inspection and site
conditions.
(Ord. 320 § 7 (part), 1997)
Ordinance No. 532
Page 4 of 7
17.90.040 - Preparation, notice and transmittal.
A. For interpretations related to Section 17.90.010.A, within thirty days after the
initiation of an interpretation, the director shall prepare a written interpretation
and transmit it to the planning commission and the city council and shall give
public notice that such interpretation has been prepared. Such notice shall be
published and given to the property owner, any interested parties, and any
affected homeowner associations, as required for a code amendment, pursuant
to Chapter 17.68 (Zone Changes and Code Amendments) of this title.
W ithin fifteen calendar days after the date of the notice, the planning
commission, city council or any interested person may make a written request to
the director for a hearing. If no such request for a hearing is received, the
interpretation shall become effective and final fifteen calendar days after the date
of the notice.
B. For interpretations pursuant to Sections 17.90.010.B, 17.90.010.0 or
17.90.010.D., within thirty days after the initiation request has been deemed
complete by Staff, the director shall prepare a written interpretation and
transmit it to the person requesting the interpretation, owners of all
abutting properties, and any interested person. Within five calendar days
after the date of the Director's notice, the person requesting the
interpretation, the abutting property owners, and any interested person
may file a written appeal of the decision of the director to the planning
commission, and any decision of the planning commission to the city
council, pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures)
of this title. Within 15 calendar days of filing an appeal, the appellant
appealing a decision related to Section 17.90.010.B and C must submit the
basis for the appeal supported by a letter or report from a registered
geologist or geotechnical engineer. If no timely written appeal is submitted
or if a written appeal is submitted but no follow-up geological letter or
report is submitted within the time frame specified, the decision will be
final.
(Ord. 320 § 7 (part), 1997)
17.90.050 - Planning commission hearing and action.
A. If a request for an interpretation hearing related to Section 17.90.010.A is
received, or if an appeal of a director interpretation pursuant to Section
17.09.010.B, 17.09.010.C, or 17.09.010.D is filed, a hearing shall be held by the
planning commission within thirty calendar days of the date of such request or
appeal.
B. A fter the hearing, the planning commission may, by resolution, adopt the
proposed interpretation, adopt a modified or different interpretation, or refer the
matter to the director for further study. Failure of the planning commission to act
within sixty calendar days after the close of the hearing shall be deemed an
approval of the director's interpretation.
Ordinance No. 532
Page 5 of 7
C. If the planning commission refers the matter to the director for further study, the
director shall prepare and submit another interpretation in accordance with the
provisions of Section 17.90.040 of this chapter.
D. Unless the planning commission refers the interpretation to the director for further
study, the director shall give written notice of the decision of the planning
commission to the applicant, any interested person, and any affected homeowner
association pursuant to Section 17.80.040 (Hearing Notice and Appeal
Procedures) of this title. The decision of the planning commission shall become
effective and final fifteen calendar days after the date of notice of its action,
unless an appeal to the city council is filed in accordance with Section 17.80.070
(Hearing Notice and Appeal Procedures) of this title.
(Amended during 11-97 supplement; Ord. 320 § 7 (part), 1997)
17.90.060 - Book of interpretations.
When an interpretation pursuant to Section 17.90.010.A is given final approval by the
director, planning commission or city council, the director shall enter the interpretation in
a book of interpretations which shall be preserved and made accessible to any
interested person. When an interpretation pursuant to Sections 17.90.010.B,
17.90.010.0 or 17.90.010.D is given final approval, the interpretation shall be
noted in the city's file on the subject property and updated on the city's official
zoning map through the procedure identified in Section 17.88.020.E.
(Ord. 320 § 7 (part), 1997)
Section 6: That all application and appeal fees associated with an
interpretation request be waived for property owners until the updated General Plan
Land Use Map and Official Zoning Map has been officially adopted with the revised
open-space hazard areas.
Section 7: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 8: 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 of Rancho Palos Verdes.
Ordinance No. 532
Page 6 of 7
Section 9: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED this 21st day of February 2012.
1
Mayor
Attest:
/ /4,e,eet
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, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 532 passed first reading on February 7, 2012, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on February
21, 2012, and that the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Misetich
NOES: None
ABSENT: None
ABSTAIN: None
6d; &Lea
City Clerk
Ordinance No. 532
Page 7 of 7
Aj 11!
RANCHO PAL
OS 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 February 23, 2012, she caused to be posted the following document
entitled: ORDINANCE NO. 532,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING REVISIONS TO SECTION 17.90 OF THE
CITY'S MUNICIPAL CODE, THEREBY CHANGING THE ALLOWABLE
MOVEMENT OF AN OPEN-SPACE HAZARD BOUNDARY LINE THROUGH
THE INTERPRETATION PROCEDURE FROM THIRTY (30) FEET TO ONE-
HUNDRED (100) FEET, 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. ,,
Aa-- ', i I
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)Form 150-Affidavit of Posting Ordinance No.531.doc