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ORD 594 ORDINANCE NO. 594 AN ORDINANCE 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 CLARIFYING 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 for project revisions, but contains some inconsistencies in the manner by 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, 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 Subcommittee to assist City Staff in the preparation of code amendment language; and, WHEREAS, on November 8, 2016 and November 22, 2016, the Subcommittee and Staff met and worked collaboratively to prepare the proposed code amendment language; 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, 2017; and WHEREAS, on January 10, 2017, the Planning Commission reviewed and considered the proposed code amendments to Sections 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. 2017-01, recommending that the City Council adopt this Ordinance; and, WHEREAS, on February 21, 2017, 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, 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, all legal prerequisites to the adoption of the Ordinance have been met. 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 do 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: Section 17.78.040 -Amendments to Approved Applications Ordinance No. 594 Page 2 of 5 A. An amendment which proposes one or more substantial amendments to a project, plans and/or conditions of approval approved in accordance with this Title may be initiated by an applicant/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 amendment 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 approving the original project, utilizing the hearing and noticing procedures, review criteria and appeal procedures as required by this Title. A substantial amendment 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 impacts; and, 5. That as modified, the project remain 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 15 calendar days to appeal the Director's decision, pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this Title. 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 approving a project in accordance with this Title, or to further define or enumerate the conditions of approval of an approved project, the body which took the final action in approving the original project 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 applicant/property owner or any other interested person, provided an interpretation review may not be initiated by any person where the subject matter is subject to litigation. Said interpretation review shall utilize the notice, hearing process, review criteria, and appeal process as 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; Ordinance No. 594 Page 3 of 5 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 at a public meeting, 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 project 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 established by resolution of the City Council, 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. Ordinance No. 594 Page 4 of 5 PASSED, APPROVED and ADOPTED this 7th day of March 2017. ♦` 10 ! Wrian Campbell, Mayor ATTEST: milt' Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, 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. 594 passed first reading on February 21, 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 7, 2017, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell NOES: None ABSENT: None ABSTAIN: None CITY CLERK Ordinance No. 594 Page 5 of 5 FCITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on March 9, 2017, she caused to be posted the following document entitled: ORDINANCE NO. 594, AN ORDINANCE 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 CLARIFYING THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR CONDITIONS OF APPROVAL, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foreg•ing i• a true and correct affidavit of posting. / � ►' Clerk