RPVCCA_SR_2010_05_04_04_Ord._508_Zone_Text_Amendment_Regarding_Hearing_Time_FrameCJTYOF RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,AICP,COMMUNI~OPMENT DIRECTOR
MAY 4,2010
SUBJECT:ZONE TEXT AMENDMENT -APPEAL HEARING TIME FRAME
(ZON2009-00375)I Citywide
REVIEWED:CAROLYN LEHR,CITY MANAGER Cl9--
Project Manager:Leza Mikhail,Associate Planner@9
RECOMMENDATION
Adopt Ordinance No.508,an ordinance of the City of Rancho Palos Verdes amending
Chapter 17.80 (Hearing Notice and Appeal Procedures)of the Rancho Palos Verdes
Zoning Code (Title 17)to establish a deadline to schedule an initial public hearing for
appealed projects.
DISCUSSION
On April 20,2010,the City Council introduced Ordinance No.508 to amend Chapter 17.80
of the Municipal Code and establish a gO-day deadline to schedule an initial public hearing
for appealed projects.The Ordinance is now being presented to the City Council for a
second reading and formal adoption.The Appeal Hearing Time Frame Ordinance will go
into effect 30 days after its adoption.
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ORDINANCE NO.508
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 17.80.050(C)AND SECTION 17.80.070(C)OF
CHAPTER 17.80 (HEARING NOTICE AND APPEAL PROCEDURES)
TO ESTABLISH A 90-DAY DEADLINE TO SCHEDULE A PUBLIC
HEARING FOR APPEALS (CASE NO.ZON2009-00375).
WHEREAS,Chapter 17.80 of Title 17 of the Rancho Palos Verdes Municipal
Code (the "Municipal Code")established a procedure for appeals of decisions made
pursuant to 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,a 1/8 page public hearing notice for these
code amendments was published in the Palos Verdes Peninsula News;and
WHEREAS,after notice was 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 Chapter 17.80;and,
WHEREAS,on March 9,2010,the Planning Commission adopted P.C.
Resolution No.2010-10 recommending approval of the proposed amendments to
Chapter 17.80 to the City Council;
WHEREAS,on March 25,2010,a 1/8 page public hearing notice for these code
amendments was published in the Peninsula News;
WHEREAS,after notice was issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code,the City Council conducted a public hearing on April 20,
2010,at which time all interested parties were given an opportunity to be heard and
present evidence regarding said amendments to Chapter 17.80 as set forth in the City
Council staff report of that date;and,
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN 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.
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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.
Section 5:The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all uses appeals that are filed after the effective
date this ordinance.
Section 6:Paragraph C of Section 17.80.050 of Chapter 17.80 (Hearing
Notice and Appeal Procedures)of Title 17 of the Rancho Palos Verdes Municipal Code
is hereby amended to read as follows:
C.Hearing and Notice.The director shall set a hearing on the appeal within
90 days of the filing of the appeal,which shall be conducted as provided in
Section 17.80.060 of this chapter.Notice of the hearing shall be given as
specified in Section 17.80.090 of this chapter.
Section 7:Paragraph C of Section 17.80.070 (Appeal to city council)of
Chapter 17.80 (Hearing Notice and Appeal Procedures)of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows:
C.Hearing Date.The city manager or city clerk shall fix the time for hearing
the appeal within 90 days of the filing of the appeal.
Section 8:Severability.If any section,subsection, subdivision,sentence,
clause,phrase,or portion of this ordinance or the application thereof to any person or
place,is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction,such decision shall not affect the validity of the remainder of
this ordinance.The City Council hereby declares that it would have adopted this
ordinance,and each and every section,subsection, subdivision,sentence,clause,
phrase,or portion thereof,irrespective of the fact that anyone or more sections,
subsections,subdivisions,sentences,clauses,phrases,or portions thereof be declared
invalid or unconstitutional.
Section 9: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
1222379 Ordinance No.508
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certification,together with proof of posting,to be entered in the Book of Ordinances of
the Council of this City of Rancho Palos Verdes.
Section 10:This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31 st day after its passage.
PASSED,APPROVED and ADOPTED this 4th day of May 2010.
Stefan Wolowicz,Mayor
ATTEST:
Carla Morreale,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the whole numbers of the City Council of said City is five;that the foregoing
Ordinance No.508 passed first reading on April 20,2010,was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on May 4,
2010,and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
1222379 Ordinance No.508
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