PC RES 2010-010 P.C. RESOLUTION NO. 2010-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING CHAPTER 17.80 (HEARING
NOTICE AND APPEAL PROCECURES) OF TITLE 17 OF THE CITY'S
MUNICIPAL CODE TO ESTABLISH A DEADLINE TO SCHEDULE
APPEAL HEARINGS.
WHEREAS, Chapters 17.80 of Title 17 of the Rancho Palos Verdes Municipal
Code (the "Municipal Code") establishes a procedure for appeals of decisions made
pursuant to Title 16 and Title 17, and,
WHEREAS, on September 15, 2009, the City Council directed Staff to initiate and
bring forth a Code Amendment that establishes deadlines for scheduling appeal hearings;
and,
WHEREAS, on February 18, 2010, notice of a public hearing on the proposed
amendments to Chapters 17.80 of Title 17 of the Municipal Code was published in the
Palos Verdes Peninsula News; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on March 9,
2010, 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 amendment 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 17.80 (Hearing Notice and Appeal Procedures) of Title 17 of the
City's Municipal Code.
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.
Section 4: The Planning Commission finds that the amendments to Title 17 are
necessary to preserve the public health, safety, and general welfare in the area.
P.C. Resolution No. 2010-10
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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 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 17.80 (Hearing Notice and Appeal Procedures) of
Title 17 of the City's Municipal Code with the addition of Section 17.80.140 (Appeal Hearing
Time Period) with the following new language: "The initial appeal hearing before the
Planning Commission or City Council for appeals of decision made pursuant to this
Chapter shall be held within ninety (90) calendar days from the date that an appeal that
meets all of the requirements of this Chapter is filed with the City.
PASSED, APPROVED, AND ADOPTED this 9t" day of March 2010, by the following vote:
AYES: Commissiners Emenhiser, Knight, Leon, Lewis, Tetreault,
Vice Chair Tomblin and Chair Gerstner
NOES: None
ABSTENTION: None
ABSENT: None
RECUSALS: None
14 CA
Bill Gerstner
Chairman
Joel Roj ICP
Commu ity evelopm Director; and,
Secreta t the Planning Commission
P.C. Resolution No. 2010- 10
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