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PC RES 2017-001 P.C. RESOLUTION NO. 2017-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED AMENDING CHAPTER 17.78.040 (AMENDMENTS TO APPROVED APPLICATIONS) AND CHAPTER 17.78.050 (INTERPRETATION PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION" PROCESS AND TO CLARIFY THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR CONDITIONS OF APPROVAL. WHEREAS, a Planning project approved by the City may undergo some form of revision prior to the issuance of building permits and in some cases during construction, which warrant revisions to approved applications; and, WHEREAS, the City's Development Code (Sections 17.78.040 and 17.78.050) provides provisions for project revisions, but contain some inconsistencies in the manner in which to achieve approval of project revisions; and, WHEREAS, on June 14, 2016, the Planning Commission directed Staff to forward a recommendation to the City Council to initiate code amendment proceedings to address code inconsistencies and to codify a"minor modification" process, as well as to clarify the process for interpreting previous decisions and/or conditions of approval; and, WHEREAS, the Code initiation request was initially placed on the City Council agendas for August 2, 2016 and then August 16, 2016, however the item was continued to the September 6, 2016 City Council Meeting; and, WHEREAS, on September 6, 2016, the City Council initiated code amendment proceedings based on the Planning Commission's recommendations; and, WHEREAS, on September 27, 2016, the Planning Commission appointed Vice- Chairman Cruikshank and Commissioners Leon and James to serve on the Sub- Committee to assist City Staff in the preparation of code amendment language; and, WHEREAS, on November 8, 2016 and November 22, 2016, the Sub-Committee and Staff met and worked collaboratively to prepare the proposed code amendment language; 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 Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), it has been determined that the proposed Code Amendment is exempt from CEQA, pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential property in the City; and, WHEREAS, on December 8, 2016, a Public Notice was published in the Peninsula News, providing notice of a public hearing before the Planning Commission on January 10, 2016; and WHEREAS, on January 10, 2017, the Planning Commission held a duly-noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission finds that the facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by reference as though set forth in full. Section 2: The Planning Commission has reviewed and considered the amendments to Chapters 17.78.040 (Amendments to Approved Applications) and 17.78.050 (Interpretation Procedure for Approved Applications) of the City's Municipal Code (Title 17) to codify a "Minor Modification" process and to clarify the process for interpreting previous decision and/or conditions of approval. 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 not hinder, the goals and policies of those plans. Section 4: 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 to the City Council that an Ordinance be adopted entitled, AN ORDINANCE AMENDING "CHAPTER 17.78.040 (AMENDMENTS TO APPROVED APPLICATIONS)AND CHAPTER 17.78.050 (INTERPRETATION PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO CODIFY A"MINOR MODIFICATION" PROCESS AND TO CLARIFY THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR CONDITIONS OF APPROVAL" in the form attached to this Resolution as Exhibit "A". P.C. Resolution No. 2017-01 Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 10th day of January 2017, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: None 11.11,0 111 David L. Tomblin, Chairman v lirtglitib i Ara Vi r. _ -, AICP Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2017- 01 Page 3 of 4 EXHIBIT "A" DRAFT ORDINANCE NO. Please see attached. P.C. Resolution No. 2017-01 Page 4 of 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.78.040 (AMENDMENTS TO APPROVED APPLICATIONS) AND CHAPTER 17.78.050 (INTERPRETATION PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION" PROCESS AND TO CLARIFY THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR CONDITIONS OF APPROVAL. WHEREAS, a Planning project approved by the City may undergo some form of revision prior to the issuance of building permits and in some cases during construction, which warrant revisions to approved applications; and, WHEREAS, the City's Development Code (Sections 17.78.040 and 17.78.050) provides provisions for project revisions, but contain some inconsistencies in the manner in which to achieve approval of project revisions; and, WHEREAS, on June 14, 2016, the Planning Commission directed Staff to forward a recommendation to the City Council to initiate code amendment proceedings to address code inconsistencies and to codify a "minor modification" process, as well as to clarify the process for interpreting previous decisions and/or conditions of approval; and, WHEREAS, the Code initiation request was initially placed on the City Council agendas for August 2, 2016 and then August 16, 2016, however the item was continued to the September 6, 2016 City Council Meeting; and, WHEREAS, on September 6, 2016, the City Council initiated code amendment proceedings based on the Planning Commission's recommendations; and, WHEREAS, on September 27, 2016, the Planning Commission appointed Vice- Chairman Cruikshank and Commissioners Leon and James to serve on the Sub- Committee to assist City Staff in the preparation of code amendment language; and, WHEREAS, on November 8, 2016 and November 22, 2016, the Sub-Committee and Staff met and worked collaboratively to prepare the proposed code amendment language; 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 Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), it has been determined that the proposed Code Amendment is exempt from CEQA, pursuant to Section 15061(b)(3) because it consists only of minor 1 revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential property in the City; and, WHEREAS, on December 8, 2016, a Public Notice was published in the Peninsula News, providing notice of a public hearing before the Planning Commission on January 10, 2016; and WHEREAS, on January 10, 2017, the Planning Commission reviewed and considered the proposed code amendments to Chapters 17.78.040 (Amendments to Approved Applications) and 17.78.050 (Interpretation Procedure for Approved Applications) of Title 17 of the Municipal Code Municipal Code, and adopted P.C. Resolution No. 2017- , recommending that the City Council adopt this Ordinance; and, WHEREAS, on , after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council of the City of Rancho Palos Verdes conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law, and received testimony from City staff and all interested parties regarding the proposed amendments; and, WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the Recitals are true and correct. Section 2: The City Council has reviewed and considered the amendments to Chapters 17.78.040 (Amendments to Approved Applications) and 17.78.050 (Interpretation Procedure for Approved Applications) of the City's Municipal Code (Title 17) to codify a "Minor Modification" process and clarify the process for interpreting previous decision and/or conditions of approval. Section 3: The City Council finds that the amendments to the Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and not hinder, the goals and policies of those plans. Section 4. Section 17.78.040 (Amendments to Approved Applications) of the City's Municipal Code (Title 17) are hereby amended to read as follows: 2 Section 17.78.040 - Amendments to Approved Applications A. An amendment which proposes one or more substantial revisions to plans and/or conditions of approval granted in accordance with this Title may be initiated by a property owner upon petition to the Director and submittal of a fee, as established by resolution by the City Council. The determination of what constitutes a substantial revision shall be made by the Director. B. A substantial amendment to a project shall be considered by the same body which took the final action in granting the original application, utilizing the hearing and noticing procedures, review criteria and appeal procedures as required by this Title. A substantial change to a project may require a new and separate environmental review. C. The Director is authorized to modify the approved plans and/or any of the conditions of approval if such modifications are determined by the Director to be minor and if the Director can make the following findings: 1. That the proposed modifications achieve substantially the same results as would strict compliance with the approved plans and conditions; 2. That the proposed modifications remains compatible with the character of the neighborhood; 3. That the proposed modifications do not result in a new or increased privacy infringement; 4. That the proposed modifications do not result in a new or increased adverse view impact; and, 5. That as modified, the project remains consistent with the General Plan, Development Code, and Coastal Specific Plan. D. The Director shall send a Notice of Decision approving a minor modification to all interested parties on file with the City when the original project was being processed and to the members of the final deciding body allowing 5 calendar days to appeal the Director's decision. Section 5. Section 17.78.050 (Interpretation Procedures for Approved Projects) of the City's Municipal Code (Title 17) are hereby amended to read as follows: Section 17.78.050 - Interpretation Procedures for Approved Projects A. In cases of uncertainty or ambiguity as to the meaning or intent of any decision granted in accordance with this Title, or to further define or enumerate the conditions of approval of an approved application, the body which took the final action in granting the original application shall conduct an interpretation review of the decision in question. Said interpretation review may be initiated by the Director, or the final body that took such action, or upon the written request of the property 3 owner or any interested person. Said interpretation review shall utilize the notice, hearing process and review criteria required by this Title. The interpretation review procedure may be initiated in, but shall not be limited to, the following situations: 1. Discrepancies between approved plans and subsequently revised plans; 2. Interpretations of conditions of approval; or 3. New issues stemming from construction of the approved project which were not addressed or considered as part of the original project approval. B. In cases involving the interpretation of a decision of the Planning Commission and/or City Council, the Director shall prepare a written interpretation and transmit it to the appropriate review body. Upon review of the Director's interpretation, the appropriate body shall either: 1. Concur with the director's interpretation; or 2. Make a determination that the subject interpretation may result in a substantial revision to the originally approved application and thus require a formal review hearing; utilizing the hearing, noticing requirements, review criteria and appeal procedures, required by this Title. C. In cases where the interpretation review is initiated by the Director or the body that took final action on the approved application, no fee shall be required. In cases where the interpretation review is initiated by an applicant/property owner or interested party, a fee shall be required. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 7. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. 4 PASSED, APPROVED and ADOPTED this TH day of 2017. Mayor ATTEST: Teresa Takaota, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on , was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ACTING CITY CLERK 5