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CC RES 2012-009 RESOLUTION NO. 2012-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ADDENDUM NO.3 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR A CODE AMENDMENT TO REVISE THE INTERPRETATION PROCEDURE (RPVMC CHAPTER 17.90). 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, 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 Steering Committee Code Amendment and Zone Change (Ordinance No. 510) and, WHEREAS, on September 21, 2010, the City Council adopted Addendum No. 1 to the certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No. 513U, approving minor changes to Chapter 17.38 of the Development Code to correct the omission of Specific Plan District VII, and to change the designation of specific plan districts from numbered to descriptive titles; and, WHEREAS, on November 15, 2011, the City Council adopted Addendum No. 2 to the certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No. 529, approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's Development Code which clarified code language, removed code language discrepancies, and codified existing policy procedures and/or application requirements; 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 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 P.C. 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 sent 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), the City determined that there is no substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly, Addendum No. 3 to the Negative Declaration for Ordinance No. 510, has been prepared; 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; Resolution No. 2012-09 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1:Addendum No. 3 is for an environmental assessment in conjunction with a code amendment to revise Chapter 17.90 of the Development Code (Interpretation Procedure) that would revise code language, remove code language and codify existing policy procedures and/or applications to designate the different types of interpretations that can be requested to the Community Development Director, clarify who can initiate an interpretation request, provide further direction as to the processing of interpretation requests, and how such requests shall be recorded for future reference. Section 2: In approving Addendum No. 3 to the Negative Declaration for Ordinance No. 510, the City Council has reviewed and considered the Addendum No. 3 document, attached hereto and made a part thereof as Exhibit "A". Section 3: The Addendum No. 3 identifies no new significant adverse environmental impacts to the areas listed below: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 4: The Addendum No. 3 identifies that the proposed revisions will not result in any significant environmental impacts, and the circumstances under which to code amendment is being undertaken have not substantially changed since the CEQA determination was made for the Negative Declaration adopted through Resolution No. 2010-43 for Ordinance No. 510. Section 5: 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 for Ordinance No. 510 was adopted, identifies a significant environmental effect. Section 6: All findings and attachments contained in Resolution No. 2010-43, as adopted by the City Council on June 1, 2010 are hereby incorporated by reference. Section 7: The time within which the judicial review of the decision reflected in this Resolution No. 2012-09 Page 3 of 4 Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any other applicable short period of limitations. Section 8: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby approves Addendum No. 3 to the Negative Declaration for Ordinance No. 510, based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 7th day of February 2012. 1%"?Mayor Attest: /' _ 4 uaLa Yig.azzec 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 above Resolution No. 2012-09 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 7, 2012. (.:§ i6c_ Cii/77g-4,Leiz.& City Clerk Resolution No.2012-09 Page 4 of 4 RESOLUTION NO. 2012-09 EXHIBIT "A" (Addendum to No. 3 to Negative Declaration) 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 (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. On September 21, 2010, the City Council approved Addendum No. 1 to the certified ND and adopted Ordinance No. 513U to make minor changes to Chapter 17.38 of the Development Code to correct the omission of Specific Plan District VII, and to change the designation of specific plan districts from numbered to descriptive titles. Additionally, on November 15, 2011, the City Council approved Addendum No. 2 to the certified ND and adopted Ordinance No. 529, approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's Development Code which clarified code language, removed code language discrepancies, and codified existing policy procedures and/or application requirements. Proposed Amendments: The City Council is currently reviewing a code amendment to revise Chapter 17.90 of the Development Code (Interpretation Procedure) that would revise code language, remove code language and codify existing policy procedures and/or applications. The proposed amendments are to designate the different types of interpretations that can be requested to the Community Development Director, clarify who can initiate an interpretation request, provide further direction as to the processing of interpretation requests, and how such requests shall be recorded for future reference. Purpose: This Addendum to the previously-certified 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 light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required 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 required major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects; or, 3. New information of substantial importance identifies one or more significant effects not Resolution No. 2012-09 Exhibit A Page 1 of 2 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 alternative previously found not to be feasible or not analyzed in the Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Project Revisions: 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. Specifically; 1. The proposed revisions do not result in any new significant environmental effects and, like Resolution No. 2010-43 and Ordinance Nos. 513U and 529, no significant impacts have been identified. The revision to Title 17 (Zoning) does not present new significant environmental impacts because they merely modify or clarify certain requirements, or codify policy procedures and/or application requirements. 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 the original Negative Declaration (Resolution No. 2010-43). The scope of the proposed revisions relate to minor modifications that clarify code language discrepancies and/or codify policies and procedures that are currently in place. 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 than 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. 3. Resolution No. 2012-09 Exhibit A Page 2of2