PC RES 2009-008 P.C. RESOLUTION NO. 2009-08
RESOLUTION F THE PLANNING I I F THE CITY OF
RANCHO PALOS VERDEVERDES RECOMMENDINGTHAT THE CITY
COUNCIL ADOPT AN ORDINANCEI H PT 17.14
(COMMERCIAL LIMITED I T I T) OF TITLE 17 OF THE CITY'S
MUNICIPAL CODE TO DELETETHREE CONDITIONALLY PE ITT D
USES U E TLY IDENTIFIED IN THE CL ZONING DISTRICT.
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 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 mews, and mailed notices to 683 property
owners within a 500-foot radius from the CL-zoned properties in the City; 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 has reviewed and considered the
proposed code amendments to Title 17; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
amendments to Chapter 17.14 of Title 17 of the City's Municipal Code, as presented
and contained in Draft Ordinance No. _, attached hereto and made a part hereof.
Section 2- The Planning Commission finds that the amendments to Title 17 of
the Municipal Code are consistent with California Government Code Section 65853,
zoning amendment procedures.
Section 3: The Planning Commission finds 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 hinder, the goals and policies of those plans. Specifically,
P.C. Resolution No. 2009-08
Page 1
the amendment is deleting a number of conditionally permitted uses listed in Section
17.14.030 (Commercial Limited District).
Section 4: The Planning Commission further finds that there is no substantial
evidence that the amendments to Title 17 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). The Amendment continues to
"assure the maintenance, restoration, enhancement, or protection of the environment
where the regulatory process involves procedures for the protection of the environment"
since the Amendment is deleting a number of conditionally permitted uses listed in
Section 17.14.030 (Commercial Limited District).
Section 5: The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area.
Section 6:' The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this
ordinance shall not be affected by the amendments to Title 17 by this ordinance and
shall continue in effect until and unless the use ceases or terminates operation
according to the terms of the approval or the terms of Title 17, as they existed prior to
the effective date of this ordinance.
Section 7: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all uses submitted after the effective date of the
adoption of said ordinance.
Section 8: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending Chapter 17.14 of Title 17 of the City's
Municipal Code deleting three conditionally permitted uses identified in Section
17.14.030 (Commercial Limited District) of the Rancho Palos Verdes Municipal Code.
P.C. Resolution No. 2009-08
Page 2
PASSED, APPROVED, AND ADOPTED this 10th day of March 2009, by the following
vote:
AYES: Knight, Lewis, Perestam, Ruttenberg, Tetreault
NOES: None
ABSTENTION: Gerstner, Tomblin
ABSENT: None
RECUSAL S: None
�eff Le
eff
Chair
Joel Roja.(, AIAIP
Director P1 nine, BuUing
fW
and Codedorcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2009-08
Page 3
DRAFT ORDINANCE N .
AN ORDINANCE OF THE CITY OF RANCHO POS V
AMENDING CHAPTER 17.14 OF TITLE 17 OF THE CITY'S MUNICIPAL
CODE TO DELETE THREE CONDITIONALLY PERMITTED USES
CURRENTLY IDENTIFIED IN THE CL ZONING DISTRICT.
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 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, and mailed notices to 683 property
owners within a 500-foot radius from the CL-zoned properties in the City; 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- 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, 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 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
Draft Ordinance No.
Page 1
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: The City Council finds that the amendments to Title 17 of the
Municipal Code are necessary to preserve the public health, safety, and general welfare
in the area.
Section 4: 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:
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);
bFeakfast4nP,-,,
& D. 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
Draft Ordinance No.
Page 2
or temporary vendor permit, pursuant to Chapter 17.62 (Special Use
Permits), by the director;
F, E. Cleaners/laundry uses which have cleaning operations on site;
G-. F. Churches;
G. Commercial antennas, pursuant to Section 17.76.020 (Antennas and
satellite dishes);
I. GGRGUFFe-t. sales- of alGehel ai;d FnetGr fut-&-,
J-. H. Developments of natural resources, except in the coastal specific plan
district;
K. GGIf GOU Ses, %.s and related andla,, uses-
L—.
I. Governmental facilities;
M-. J. Private educational uses, including nursery schools and day nurseries;
N-. K. Public utility structures;
Q. L. Outdoor active recreational uses and facilities;
P, M. Small wind energy systems, pursuant to Section 17.76.150 (Small wind
energy systems); and
Q-. N. Such uses as the planning commission 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 5: The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this
ordinance shall not be affected by the amendments to Title 17 by this ordinance and
shall continue in effect until and unless the use ceases or terminates operation
according to the terms of the approval or the terms of Title 17, as they existed prior to
the effective date of this ordinance.
Section 6: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all uses submitted after the effective date of the
adoption of said ordinance.
Section 7: 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.
Draft Ordinance No.
Page 3
PASSED, APPROVED and ADOPTED this 17th day of March 2009.
Mayor
ATTEST:
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes
1, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Ordinance No. was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on March 17, 2009.
City Clerk
Draft Ordinance No.
Page 4