CC RES 2013-064RESOLUTION NO. 2013 -64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CERTIFYING ADDENDUM NO.
7 TO THE NEGATIVE DECLARATION FOR ORDINANCE
NO. 510, FOR A CODE AMENDMENT TO REVISE RPVMC
CHAPTER 17.76.100 (CITY TREE REVIEW PERMIT).
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 (ND) for Ordinance No. 510 and adopted Ordinance
No. 5130, 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 (ND) 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, on February 7, 2012, the City Council adopted Ordinance No. 532,
thereby approved Addendum No. 3 to the certified ND and approving a change in the
allowable movement of an open space hazard boundary line from thirty feet to one
hundred feet through an interpretation procedure; and,
WHEREAS, on April 3, 2012, the City Council approved adopted Ordinance No.
535, thereby approving Addendum No. 4 to the Certified ND for a code amendment to
revise Chapters 17.02, 17.04, and 17.98 of the Municipal Code to regulate the number of
residential garage sales; and,
WHEREAS, on July 16, 2013, in consideration of a proposed code amendment to
RPVMC Section 17.76.030 (Fences, Walls and Hedges), the City Council adopted
Resolution No. 2013 -48, thereby approving Addendum No. 5 to the certified ND for
Ordinance No. 510; and,
WHEREAS, on August 6, 2013, in consideration of a proposed code amendment
to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), the City Council approved
Addendum No. 6 to the certified ND for Ordinance No. 510; and,
WHEREAS, Section 17.76.100 of Title 17 of the Rancho Palos Verdes Municipal
Code sets forth various procedures and regulations regarding City Tree Review Permits;
and,
WHEREAS, on May 21, 2013, Mayor Brooks presented a request for the City
Council to initiate a code amendment to improve and expand public notification for City
Tree Review Permit (CTRP) decisions; and,
WHEREAS, on May 21, 2013, the City Council initiated a code amendment to
increase public notification for CTRP application decisions to Rancho Palos Verdes
Municipal Code Section 17.76.100 (City Tree Review Permit); and,
WHEREAS, on June 20, 2013, notice of a public hearing on the proposed
amendments to Section 17.76.100 of the Municipal Code was published in the Palos
Verdes Peninsula News; 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 July 9, 2013, at which time Staff presented proposed language to revise
Municipal Code Section 17.76.100 (City Tree Review Permit). After reviewing and
discussing the matter, the Planning Commission moved to continue the public hearing to
July 23, 2013, with direction to Staff to draft a resolution for adoption, which would
recommend that the City Council adopt specific code amendments to RPVMC Section
17.76.100; and,
WHEREAS, on July 23, 2013, the Planning Commission adopted P.C. Resolution
No. 2013 -17, thereby recommending that the City Council adopt an ordinance revising
Section 17.76.100 of the City's Municipal Code, as recommended by Staff; and,
WHEREAS, on August 29, 2013, notice of a City Council public hearing on the
proposed amendments to RPVMC Section 17.76.100 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 21000 et seq. ( "CEQA "), the State's CEQA Guidelines,
California Code Regulations, Title 14, Section 15000 et seq., and the City's Local CEQA
Guidelines, 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. 7 to the Negative Declaration for Ordinance No. 510, has been prepared;
and,
WHEREAS, on September 17, 2013, 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:
Resolution No. 2013 -64
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Section 1: Addendum No. 7 is for an environmental assessment in conjunction
with a code amendment to revise the City Tree Review Permit Section of the Municipal
Code (RPVMC Section 17.76.100) that would: 1) expand public notification of City Tree
Review Permit application decisions so that the closest twenty (20) properties adjacent to
the subject tree(s) are notified; 2) clarify that only the closest twenty (20) properties
adjacent to the subject tree(s) and within the City of Rancho Palos Verdes are notified;
and 3) require tree posting of a City Tree Review Permit decisions.
Section 2: In approving Addendum No. 7 to the Negative Declaration for
Ordinance No. 510, the City Council has reviewed and considered the Addendum No. 7
document, attached hereto and made a part thereof as Exhibit "A' .
Section 3: The Addendum No. 7 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. 7 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.. Also, because the new amendments merely expand or clarify
certain notification requirements and /or codify policies and procedures that are currently
in place, the proposed Code amendment does not result in an environmental impact that
was not evaluated previously in the Mitigated Negative Declaration.
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.
Resolution No. 2013 -64
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Section 7: The time within which the judicial review of the decision reflected in this
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. 7 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 17th day of September 2013.
seqM-M : . 0 • aw'Nsw
Attest:
City Cfnerk
STATE OF CAL4FORNIA )
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. 2013 -64 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on September 17, 2013. r
oe
City Clerk
Resolution No. 2013 -64
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EXHIBIT "A"
RESOLUTION NO. 2013 -64
(Addendum No. 7 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 adopted Ordinance No. 513U, thereby approving
Addendum No. 1 to the certified ND, 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. On
November 15, 2011, the City Council adopted Ordinance No. 529, thereby approving
Addendum No. 2 to the certified ND and 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. On February 7, 2012, the City Council
adopted Ordinance No. 532, thereby approved Addendum No. 3 to the certified ND and
approving a change in the allowable movement of an open space hazard boundary line
from thirty feet to one hundred feet through an interpretation procedure. On April 3,
2012, the City Council approved adopted Ordinance No. 535, thereby approving
Addendum No. 4 to the Certified ND for a code amendment to revise Chapters 17.02,
17.04, and 17.98 of the Municipal Code to regulate the number of residential garage
sales. On July 16, 2013, the City Council approved Resolution No. 2013 -48 that
approved Addendum No. 5 to the Certified ND for a proposed code amendment to
revise Chapter 17.76.030 of the Development Code pertaining to the Fences, Walls and
Hedges permits. Finally, on August 6, 2013, in consideration of a proposed code
amendment to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), the City
Council approved Addendum No. 6 to the certified ND for Ordinance No. 510.
Proposed Amendments: The proposed code amendment to revise Chapter 17.76.100
of the Municipal Code (City Tree Review Permit) would revise code language to expand
public notification of City Tree Review Permit approvals, clarify that only City of Rancho
Palos Verdes property owners are notified of the permit decisions and require City Tree
Review Permit decisions to be posted on City trees subject to a permit's approval.
Purpose: This Addendum to the previously - certified Negative Declaration is being
Resolution No. 2013 -64
Exhibit A
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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 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 Regardinq the Proposed Project Revisions:
Staff analyzed the proposed code amendment revisions to Section 17.76.100 to
determine if any impacts would result. The Planning Commission 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, 513U, 529, 532, 535, and 546 no significant
impacts have been identified. The revisions to Title 17 (Zoning) do not present
new significant environmental impacts because they merely modify or clarify
certain requirements and /or codify policy procedures application requirements.
Therefore, the proposed revisions do not represent a substantial change in the
code, 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
Resolution No. 2013 -64
Exhibit A
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substantially changed since the CEQA determination was made for Ordinance
No. 510. The scope of the proposed revisions relate to minor modifications that
merely modify or clarify certain requirements 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 has independently reviewed this item
and determines that other than the City Council's adoption of this Addendum No. 7, a
new Negative Declaration is not required for this revision to the Municipal Code
Resolution No. 2013 -64
Exhibit A
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