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PC RES 2012-001 P.C. RESOLUTION NO. 2012-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES 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 (CASE NO. ZON2011-00168). 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, on November 17, 2011, Staff mailed out 1,160 notices to property owners with property that was identified to have some portion of the OH zoning district on their properties; and, WHEREAS, on November 17, 2011, notice of a public hearing on the proposed amendments to Chapter 17.90 of the Municipal Code was published in the Palos Verdes Peninsula News; and, P.C. Resolution No. 2012-01 Page 1 of 10 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, which was prepared in conjunction with the adoption of Ordinance No. 510, has been prepared and is attached to this resolution; 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 held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE PLANNING COMMISSION 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: 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, 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. P.C. Resolution No. 2012-01 Page 2 of 10 Section 3: That the amendments to Chapter 17.90 are necessary to preserve the public health, safety, and general welfare in the area Section 4: 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 zeses zoning districts. -a-Ad upon PFGPeF initiation as provided in SeGtion 17.90.020 of thiS GhapteF, the 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 erspeoiat 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 feet frnrn the seared—loGatiGi f--t7m—the zoning ma also he and 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 neoloav of suGh C. An adjustment of a Coastal specific plan setback zone boundary lines= or 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, 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. URdeF the CxGept in the Gass of .+ adjustment, inteFpFetations shall be app"Gable to all futuFe situations o. the same type and shall no D. An adoustment 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) 17.90.020 - Initiation. P.C. Resolution No. 2012-01 Page 3 of 10 A. The pFepaFatien e An interpretation related to Section 17.90.010.A 17.90.010.0 or 17.90.010.13 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,by aRy-person. B. An interpretation related to Section 17.90.010.8 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 adiustment 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 17.90.010.13 for anv 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 a-n-open-space 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 geoloqical site inspection. Otherwise, the interpretation will be based upon the geological site inspection and site conditions. (Ord. 320 § 7 (part), 1997) P.C. Resolution No. 2012-01 Page 4 of 10 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 17.90.010.13, 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 17.90.010.13 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 17.09.010.13, 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. P.C. Resolution No. 2012-01 Page 5 of 10 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 17.90.010.13, 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 5: 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 adopted with the revised open-space hazard areas. Section 6: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified in Section 4 shall become effective thirty (30) days after an ordinance is adopted by the City Council. Section 7: For the foregoing reasons, and based on the information and findings included in the Staff Report, the testimony and evidence presented at the public hears, minutes, and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council adopt an Ordinance amending Chapter 17.90 of the City's Municipal Code, thereby changing the allowable movement of an open-space hazard boundary line from thirty (30) feet to one-hundred (100) feet through an 4 interpretation procedure. P.C. Resolution No. 2012-01 Page 6 of 10 PASSED, APPROVED, AND ADOPTED this 10th day of January 2012, by the following vote: AYES: Commissioners Emenhiser, Gerstner, Leon, Lewis NOES: None ABSTENTION: Chairman Tomblin ABSENT: vice Chairman Tetreault RECUSALS: None David L. Tomblin Chairman Joel RojVty CP Commuevelopme irector; and Secretahe Planning Commission P.C. Resolution No. 2012-01 Page 7 of 10 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 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. Additionally, 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. 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 P.C. Resolution No. 2012-01 Page 8 of 10 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 Regarding the Proposed Project Revisions: Staff analyzed the proposed code amendment revisions to Chapter 17.90 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 and 513U, no significant impacts have been identified. The revision to Title 17 (Zoning) do 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 Ordinance No. 510. 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 P.C. Resolution No. 2012-01 Page 9 of 10 mitigation measures. Therefore, pursuant to CEQA, the Planning Commission finds that no further environmental review is necessary other than the City Council's adoption of this Addendum No. 3. P.C. Resolution No. 2012-01 Page 10 of 10