RPVCCA_SR_2010_09_21_08_Specific_Plan_Clean-Up_Code_AmendmentDate:
PUBLIC HEARING
September 21,2010
SUbject:Planning Case No.ZON2010-00223 (Code Amendment):Specific
Plan Clean-Up Code Amendment
Subject Property:Citywide
1.Declare the Hearing Open:Mayor Wolowicz
2.Report of Notice Given:City Clerk Morreale
3.Staff Report &Recommendation:Associate Planner Fox
4.Public Testimony:
Appellants:N/A
Applicant:N/A
5.Council Questions:
6.Rebuttal:
7.Declare Hearing Closed:Mayor Wolowicz
8.Council Deliberation:
9.Council Action:
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CITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAY &CITY COUNCIL MEMBERS
JOEL ROJAS,AICP,C UNITY DEVELOPMENT
DIRECTOR
SEPTEMBER 21,2010
PLANNING CASE NO.ZON2010-00223 (CODE AMEND-
MENT}.;.SPECIFIC PLAN CLEAN-UP CODE AMENDMENT
CAROLYN LEHR,CITY MANAGER@,forCL.
Project Manager:Kit Fox,AICP,Associate Planner@
RECOMMENDATION
1)Adopt Ordinance No._U,thereby amending Chapter 17.38 (Specific Plan Districts)of
the Development Code to correct the omission of "Specific Plan District VII"for Eastview
Park,and declaring the urgency thereof;and,2)introduce Ordinance No._'thereby
amending Chapter 17.38 (Specific Plan Districts)of the Development Code to correct the
omission of "Specific Plan District VII"for Eastview Park.
EXECUTIVE SUMMARY
In order to correct the omission of a reference to the City-adopted 1989 specific plan for
Eastview Park (Le.,"Specific Plan District VII")from Chapter 17.38 (Specific Plan Districts)of
the Rancho Palos Verdes Development Code (RPVDC}-and to avoid future confusion in the
event that the Marymount College Initiative is passed by the City's voters-the City Council
initiated a Code Amendment on July 20,2010.The Planning Commission considered the
Specific Plan Clean-Up Code Amendment (Planning Case No.ZON201 0-00223)on August
24,2010,and forwarded a recommendation of approval to the City Council.Therefore,Staff
has now agendized this matter for the City Council's consideration.
BACKGROUND
On March 2,2010,the City received the petition to place the Marymount College Initiative
on the November 2,2010 ballot.Among other things,the petitioners proposed that the
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MEMORANDUM:Code Amendment (Case No.ZON2010-00223)
September 21,2010
Page 2
passage of the initiative would add Section 17.38.100 to the City's Development Code for
"Specific Plan District V."However,based upon Staff research related to the updating of
the City's General Plan Land Use Element,it became apparent that the City had previously
received an application for (but had never enacted)a Specific Plan District V in the early
1980s.1 Furthermore,the most recent specific plan district enacted by the City was
Specific Plan District VII for Eastview Park,adopted as Ordinance No.248 on November 8,
1989.For some unknown reason,RPVDC Chapter 17.38 was never updated to include a
reference to Specific Plan District VII.As a result,Staff believed that when the petition was
prepared for the Marymount College Initiative,the designation "Specific Plan District V"was
selected by the petitioners based upon the reasonable assumption that this would be the
next sequential designation for any new specific plan district in the City.Staff was
concerned,however,that this designation may lead to confusion in the future,whether or
not the current initiative is successful.Therefore,Staff sought approval from the City
Council to initiate a Code Amendment (Planning Case No.ZON201 0-00223)to correct the
omission of a reference to Specific Plan District VII from RPVDC Chapter 17.38.This
request was considered and granted by the City Council on July 20,2010.
On August 24,2010,the Planning Commission considered the proposed Specific Plan
Clean-Up Code Amendment,and adopted P.C.Resolution No.2010-27 recommending
approval to the City Council.Therefore,this matter has been agendized for the City
Council's consideration at tonight's meeting.
DISCUSSION
The proposed Specific Plan Clean-Up Code Amendment encompasses two (2)changes to
RPVDC Chapter 17.38:
•Chapter 17.38 would be revised to dispense with numeric designations for existing
specific plan districts,replacing them with descriptive,named districts (i.e.,"Coastal
Specific Plan District"versus "Specific Plan District I,"etc.)so as to avoid the
prospect of duplicated and/or non-sequential numeric district designations in the
future;and,
•Section 17.38.100 would be added to describe the existing Eastview Park Specific
Plan District (i.e.,"Specific Plan District VII"),to wit:
The Eastview Park specific plan district encompasses Eastview Park,
located at 1700 Westmont Drive.The property is owned by the Los
Angeles County Sanitation Districts and provides a secure access
1 Similarly,the City has previously received requests for (but not enacted)Specific Plan Districts VI,
VIII,IX and X.
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MEMORANDUM: Code Amendment (Case No.ZON2010-00223)
September 21,2010
Page 3
point for the Districts'Joint Outfall System sewer lines.The city
leases the property from the Districts for park purposes.The plan
ensures that the park is maintained and developed for passive
recreational use that is compatible with the surrounding residential
and commercial lands uses and preserves the Districts'rights and
ability to access and maintain the underground sewer lines.The
current specific plan which sets forth the requirements and standards
for this district is on file in the office of the director.
With these changes,RPVDC Chapter 17.38 would be brought up-to-date,and any future
specific plan districts enacted would be designated in a descriptive fashion so as not to
create confusion with existing and/or previously-proposed specific plan districts.These
language changes are included as underlined and struck out text in the draft Ordinances
presented for the City Council's consideration tonight.
It should be noted that,in the interest of avoiding confusion in the event that the
Marymount College Initiative is approved by the City's voters on November 2,2010,Staff
recommends the adoption of an urgency ordinance at tonight's meeting so that the new
language of RPVDC Chapter 17.38 will become effective immediately.There is also a
non-urgency version of the ordinance that,if introduced at tonight's meeting,would be
adopted by the City Council on October 5,2010 and become effective on November 4,
2010.
CONCLUSION
Based upon the foregoing discussion,Staff recommends that the City Council 1)adopt
Ordinance No._._U,thereby amending Chapter 17.38 (Specific Plan Districts)of the
Development Code to correct the omission of "Specific Plan District VII"for Eastview Park,
and declaring the urgency thereof;and,2)introduce Ordinance No._,thereby amending
Chapter 17.38 (Specific Plan Districts)of the Development Code to correct the omission of
"Specific Plan District VII"for Eastview Park.
ADDITIONAL INFORMATION
Impact upon the Marymount College Initiative (Measure 'P')
With the adoption of this Code Amendment,the language of the Marymount College
Initiative (if approved by the voters)would need to be modified slightly.Specifically:
•The new section added to Chapter 17.38 would be numbered 17.38.110,not
17.38.100;and,
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MEMORANDUM:Code Amendment (Case No.ZON2010-00223)
September 21,2010
Page 4
•The "Campus Specific Plan"would be designated in this new Code section as
"Campus Specific Plan District,"not "Specific Plan District V."
Aside from these minor changes,the proposed Code Amendment would have no impact
upon the substantive language of the Marymount College Initiative.
Public Notification
On August 30,2010,public notices were mailed to three hundred sixty-two (362)property
owners within a 500-foot radius of Eastview Park;the Los Angeles County Sanitation
Districts;the Northwest San Pedro Neighborhood Council;Los Angeles City Councilwoman
Janice Hahn;and the Strathmore Townhomes and Rolling Hills Riviera homeowners'
associations.On September 2,2010,public notice of the September 21,2010,public
hearing for the Specific Plan Clean-Up Code Amendment was published in the Palos
Verdes Peninsula News.Notice was posted on the City's website and provided (as a
courtesy)to the petitioner for the Marymount College Initiative and her attorney;and to
Dr.Michael Brophy and Marymount College's legal counsel.As of the date this report was
completed,Staff had received no comments in response to the public notification for this
item.
CEQA Compliance
The City Council recently certified a Negative Declaration (NO)in conjunction with the
adoption of the Residential Development Standards Steering Committee (RDSSC)Code
Amendment and Zone Change (Planning Case No.ZON2007-00377).The RDSSC Code
Amendment involved modifications to miscellaneous provisions of the Development Code,
which (with the cElrtification of the NO)the City Council found to have no significant impacts
upon the environment.The proposed Specific Plan Clean-Up Code Amendment involves
very 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.Staff believes that these minor changes are within the
scope of the miscellaneous Development Code revisions analyzed in the NO for the
RDSSC Code Amendment.Therefore,Staff has prepared Addendum NO.1 to the RDSSC
Code Amendment NO to address the compliance of the Specific Plan Clean-Up Code
Amendment with the provisions of CEQA.Addendum No.1 is attached to each of the
ordinances presented for the City Council's consideration.
FISCAL IMPACT
Since this is a Staff-initiated Code Amendment,the costs associated with its processing
have been borne by the City's General Fund.This effort has not placed a substantial
additional burden upon Staff resources since this is a very minor "clean-up"amendment.
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MEMORANDUM:Code Amendment (Case No.ZON2010-00223)
September 21,2010
Page 5
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the City
Council's consideration:
1.Identify issues of concern with the proposed Specific Plan Clean-Up Code
Amendment,direct Staff to revise the draft Ordinances accordingly,and continue this
matter to a date certain for the first reading of the revised draft Ordinances.
2.Identify issues of concern with the proposed Specific Plan Clean-Up Code
Amendment and remand this matter to the Planning Commission with direction for
further review and consideration.
3.Reject the proposed Specific Plan Clean-Up Code Amendment in its entirety and take
no further action.
Attachments:
•Ordinance No.U
•Ordinance No.
•PC Resolution No.2010-27
•Draft PC Minutes (excerpt)and PC Staff report of August 24,2010
8-6
ORDINANCE NO.U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS)OF THE
DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC
PLAN DISTRICT VII"FOR EASTVIEW PARK,AND DECLARING THE
URGENCY THEREOF
WHEREAS,on November 8,1989,the City Council adopted Ordinance No.248,
thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII")for the
purpose of regulating the use and development of Eastview Park,located at 1700
Westmont Drive;and,
WHEREAS,for some unknown reason,"Specific Plan District VII"was never
codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan
Districts)of Title 17 of the Rancho Palos Verdes Municipal Code;and,
WHEREAS,on July 20,2010,the City Council authorized the initiation of the
Specific Plan Clean-Up Code Amendment (Planning Case No.ZON2010-00223)to
correct the omission of "Specific Plan District VII"from Chapter 17.38 (Specific Plan
Districts);and,
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the Planning Commission conducted a public hearing on
August 24,2010,at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Chapter 17.38 of Title 17 as
set forth in the Planning Commission Staff report of that date,and adopted P.C.
Resolution No.2010-27,thereby forwarding its recommendation of approval for the
proposed Specific Plan Clean-Up Code Amendment to the City Council;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),the City of Rancho Palos Verdes determined that there is
no substantial evidence that the approval of Planning Case No.ZON2010-00223 would
result in a significant adverse effect on the environment.Accordingly,Addendum No.1
to the Negative Declaration prepared in conjunction with the adoption of Ordinance
No.510 was prepared and is attached to this Ordinance;and,
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the City Council conducted a public hearing on September 21,
2010,at which time all interested parties were given an opportunity to be heard and
present evidence regarding the proposed Specific Plan Clean-Up Code Amendment,as
set forth in the City Council Staff report of that date.
8-7
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1:The City Council has reviewed and considered the amendments to
Chapter 17.38 of Title 17 of the Municipal Code.
Section 2:The City Council finds that the amendments to Chapter 17.38 of
Title 17 of the Municipal Code are consistent with California Government Code Section
65853,Zoning Amendment Procedures.
Section 3:The City Council finds that the amendments to Chapter 17.38 of
Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that merely correct an existing error in Chapter 17.38 and make other
non-substantive changes that will reduce confusion regarding the City's specific plan
districts in the future,which changes shall help to preserve and enhance the
community's quality living environment,and enhance the visual character and physical
quality of existing neighborhoods.
Section 4:The City Council finds that the amendments to Chapter 17.38 of
Title 17 are necessary to preserve the public health,safety,and general welfare in the
area.
Section 5:The City Council further finds,based upon its own independent
review,that there is no substantial evidence that the minor amendments to Chapter
17.38 of Title 17 proposed under the Specific Plan Clean-Up Code Amendment would
result in new significant environmental effects,or a substantial increase in the severity
of the effects,as previously identified the Negative Declaration,adopted through
Resolution No.2010-43 in conjunction with Ordinance No.510 for amendments to
miscellaneous provisions of Title 17 of the Municipal Code for the Residential
Development Standards Steering Committee Code Amendment and Zone Change,
since the new amendments would merely correct the omission of an existing specific
plan district from the Municipal Code and re-title the existing specific plan districts listed
in Chapter 17.38.Addendum No.1 to the prior Negative Declaration has been
prepared and is attached hereto as Exhibit 'A'.The City Council hereby finds,based on
its own independent judgment,that the facts stated in the Addendum are true because
the revisions to Chapter 17.38 of Title 17 of the Municipal Code are minor in nature and
will have no significant adverse environmental impacts.
Section 6 Chapter 17.38 of Title 17 is hereby revised to read as follows (the
underlined text represents new language and the strikethrough text represents deleted
language):
Chapter 17.38 -SPECIFIC PLAN DISTRICTS
17.38.010 -Purpose.
17.38.020 -Establishment.
Ordinance No.U
Page 2 of7
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17.38.030 -Area delineation.
17.38.040 -Content.
17.38.050 -Conflict with other code provisions.
17.38.060 -Specific plan district!Coastal specific plan district.
17.38.070 -Specific plan district /I Western Avenue specific plan district 1.
17.38.080 -Speoific plan district 1/1 Western A venue specific plan district 2.
17.38.090 -Speoific plan district 1'/Western Avenue specific plan district 3.
17.38.100 -Eastview Park specific plan district.
17.38.010 -Purpose.
A specific plan district designates functionally interrelated geographic areas where
detailed studies are being conducted.These studies shall provide the means for
coordinating,balancing and regulating the development of property within a specific
plan district in order to provide consistency with the goals of the general plan.
17.38.020 -Establishment.
The planning commission may,or if so directed by the city council,shall,designate
districts for which specific plans shall be prepared based on the general plan and
recommend regulations,programs and legislation as may,in its judgment,be required
for the implementation of the general plan.A specific plan district may be designated
while a specific plan is in progress or following its completion.The planning commission
may recommend such plans and measures to the city council for adoption according to
the provisions of California Government Code Sections 65450 through 65457,which
are incorporated into this chapter by this reference,as if fully set forth.
17.38.030 -Area delineation.
Each specific plan district must encompass an identifiable,functionally interrelated,
geographic area.A definite boundary shall be shown or described,although the plan
documents may show or provide information concerning land outside the area for
reference purposes.
17.38.040 -Content.
A specific plan may include maps,plans,diagrams,models and text,which shall
include,at a minimum,the information required by California Government Code
Sections 65451 and 65452.
17.38.050 -Conflict with other code provisions.
In the event that the regulations or requirements of a specific plan district are in conflict
with other applicable provisions of this title,the specific plan shall govern.
17.38.060 -Coastal specific Speoific plan district /.
Specific plan district I is the The coastal specific plan district.This district comprises all
land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated
on the city's official zoning map.The provisions and requirements for this district are set
forth in Chapter 17.72 (Coastal Permits).
Ordinance No.U
Page 3 of 7
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17.38.070 -Western A venue specific Specifio plan district 1 #.
Western Avenue specific Specifio plan district 1#encompasses The Terraces shopping
center at the southwest corner of Caddington Drive and Western Avenue (28901
28821 28947 Western Avenue).The plan strives to provide a safe,convenient and
attractive commercial development related to the needs of the area.The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
17.38.080 -Western A venue specific Specifio plan district 2..f.II.
Western Avenue specific Specifio plan district 2..J.f.I encompasses the west side of
Western Avenue,south of Crestwood Street to the city boundary (29505-29701
Western Avenue).The plan establishes a guide for the comprehensive renovation of
the existing commercial development.The current specific plan which sets forth the
requirements and standards for this district is on file in the office of the director.
17.38.090 -Western A venue specific Specific plan district ~AI.
Western A venue specific Specifio plan district ~AI encompasses all properties which
front on the west side of Western Avenue from,and including,29019-29421 Western
Avenue.This area is located between Western Avenue specific plan districts 1#and 2.
.J.f.I.This plan encourages quality renovation and development that builds on the
opportunities available to this area and eliminates,or reduces,the constraints this area
faces.The plan proposes cohesiveness in design to suggest an identity for the site as
well as for the city.The current specific plan which sets forth the requirements and
standards for this district is on file in the office of the director.
17.38.100 -Eastview Park specific plan district.
The Eastview Park specific plan district encompasses Eastview Park.located at 1700
Westmont Drive.The property is owned by the Los Angeles County Sanitation Districts
and provides a secure access point for the Districts'Joint Outfall System sewer lines.
The city leases the property from the Districts for park purposes.The plan ensures that
the park is maintained and developed for passive recreational use that is compatible
with the surrounding residential and commercial lands uses and preserves the Districts'
rights and ability to access and maintain the underground sewer lines.The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
Section 7:In order to protect the public health,safety and welfare it is
necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance to
correct the omission of Specific Plan District VII for Eastview Park from Chapter 17.38
of Title 17,and to re-title the City's existing specific plan districts.The urgency in this
case is that,on November 2,2010,the City's voters will be asked to consider the
Marymount College Initiative,which would (among other things)create a new specific
plan district in the City.However,if this initiative passes before the corrected language
of Chapter 17.38 is effective,it will lead to confusion in the language and organization
of Chapter 17.38 since the proposed specific plan Code citation and name under the
Marymount College Initiative would be out of sequence with those of existing and
Ordinance No.U
Page 4 of 7
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previously-proposed specific plan districts in the City.Therefore,this ordinance is
necessary for the public health,safety and welfare and shall take effect immediately
upon adoption as an Urgency Ordinance.
Section 8:The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED,APPROVED AND ADOPTED THIS ST DAY OF SEPTEMBER 2010.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
ss
I,CARLA MORREALE,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._U was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on September _'2010,and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No.U
Page 5 of?
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ORDINANCE NO._U -EXHIBIT 'A'
ADDENDUM NO.1 TO NEGATIVE DECLARATION
SEPTEMBER _,2010
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 (Planning 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.
Proposed Amendments:The City Council is currently reviewing further amendments
to Title 17 that would revise Chapter 17.38 (Specific Plan Districts)to 1)correct the
current omission of Specific Plan District VII for Eastview Park from this chapter;and 2)
re-title the existing specific plan districts in the City from numbered to descriptive
designations.The proposed amendments are intended to correct an existing error in
the Municipal Code,and to avoid confusion in the future in the event that the new
specific plan district proposed pursuant to the Marymount College Initiative is enacted
by the City's voters.
Purpose:This Addendum to the previously-adopted 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 the light of the whole
record,one or more of the following:
(1)Substantial changes are proposed in the project that will require major revisions
of the previous Negative Declaration due to the involvement of new,significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(2)Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous Negative
Ordinance No.U
Page 6 of7
8-12
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of 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 alternatives 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 of the measure or alternative.
FINDINGS REGARDING THE PROPOSED PROJECT REVISIONS:
Staff analyzed the proposed revisions to determine if any impacts would result from the
proposed changes to the language of Chapter 17.38 of Title 17 of the Municipal Code.
The City Council 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,no significant impacts have been identified.The
revisions to Chapter 17.38 of Title 17 do not present new significant
environmental impacts because they merely correct the current omission of
Specific Plan District VII from the Municipal Code and re-title the other existing
specific plan districts in the City so as to avoid confusion and duplication in the
future.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,although potentially effective
citywide,will be limited to only those areas of the City governed by existing or
future specific plan districts.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 that those associated with Ordinance No.510,
there is no need for new or substantially modified mitigation measures.
Therefore,pursuant to CEQA,the City Council finds that no further environmental
review is necessary other than the City Council's adoption of this Addendum NO.1
M:\Projects\ZON2009-00007 (Zone 2 Moratorium Revisions )\20091215_DraftUrgencyOrdinance_CC.doc
Ordinance No.U
Page 7 of7
8-13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS)OF THE
DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC
PLAN DISTRICT VII"FOR EASTVIEW PARK
WHEREAS,on November 8,1989,the City Council adopted Ordinance No.248,
thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII")for the
purpose of regulating the use and development of Eastview Park,located at 1700
Westmont Drive;and,
WHEREAS,for some unknown reason,"Specific Plan District VII"was never
codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan
Districts)of Title 17 of the Rancho Palos Verdes Municipal Code;and,
WHEREAS,on July 20,2010,the City Council authorized the initiation of the
Specific Plan Clean-Up Code Amendment (Planning Case No.ZON2010-00223)to
correct the omission of "Specific Plan District VII"from Chapter 17.38 (Specific Plan
Districts);and,
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the Planning Commission conducted a public hearing on
August 24,2010,at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Chapter 17.38 of Title 17 as
set forth in the Planning Commission Staff report of that date,and adopted P.C.
Resolution No.2010-27,thereby forwarding its recommendation of approval for the
proposed Specific Plan Clean-Up Code Amendment to the City Council;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),the City of Rancho Palos Verdes determined that there is
no substantial evidence that the approval of Planning Case No.ZON2010-00223 would
result in a significant adverse effect on the environment.Accordingly,Addendum No.1
to the Negative Declaration prepared in conjunction with the adoption of Ordinance
No.510 was prepared and is attached to this Ordinance;and,
WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,the City Council conducted a public hearing on September 21,
2010,at which time all interested parties were given an opportunity to be heard and
present evidence regarding the proposed Specific Plan Clean-Up Code Amendment,as
set forth in the City Council Staff report of that date.
8-14
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1:The City Council has reviewed and considered the amendments to
Chapter 17.38 of Title 17 of the Municipal Code.
Section 2:The City Council finds that the amendments to Chapter 17.38 of
Title 17 of the Municipal Code are consistent with California Government Code Section
65853,Zoning Amendment Procedures.
Section 3:The City Council finds that the amendments to Chapter 17.38 of
Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that merely correct an existing error in Chapter 17.38 and make other
non-substantive changes that will reduce confusion regarding the City's specific plan
districts in the future,which changes shall help to preserve and enhance the
community's quality living environment,and enhance the visual character and physical
quality of existing neighborhoods.
Section 4:The City Council finds that the amendments to Chapter 17.38 of
Title 17 are necessary to preserve the public health,safety,and general welfare in the
area.
Section 5:The City Council further finds,based upon its own independent
review,that there is no substantial evidence that the minor amendments to Chapter
17.38 of Title 17 proposed under the Specific Plan Clean-Up Code Amendment would
result in new significant environmental effects,or a substantial increase in the severity
of the effects,as previously identified the Negative Declaration,adopted through
Resolution No.2010-43 in conjunction with Ordinance No.510 for amendments to
miscellaneous provisions of Title 17 of the Municipal Code for the Residential
Development Standards Steering Committee Code Amendment and Zone Change,
since the new amendments would merely correct the omission of an existing specific
plan district from the Municipal Code and re-title the existing specific plan districts listed
in Chapter 17.38.Addendum No.1 to the prior Negative Declaration has been
prepared and is attached hereto as Exhibit 'A'.The City Council hereby finds,based on
its own independent judgment,that the facts stated in the Addendum are true because
the revisions to Chapter 17.38 of Title 17 of the Municipal Code are minor in nature and
will have no significant adverse environmental impacts.
Section 6 Chapter 17.38 of Title 17 is hereby revised to read as follows (the
underlined text represents new language and the stri!fethrough text represents deleted
language):
Chapter 17.38 -SPECIFIC PLAN DISTRICTS
17.38.010 -Purpose.
17.38.020 -Establishment.
Ordinance No.
Page 2 of 7
8-15
17.38.030 -Area delineation.
17.38.040 -Content.
17.38.050 -Conflict with other code provisions.
17.38.060 -Specific plan district I Coastal specific plan district.
17.38.070 -Specific plan district /I Western Avenue specific plan district 1.
17.38.080 -Specific plan district II!Western Avenue specific plan district 2.
17.38.090 -Specific plan district ,IV Western Avenue specific plan district 3.
17.38.100 -Eastview Park specific plan district.
17.38.010 -Purpose.
A specific plan district designates functionally interrelated geographic areas where
detailed studies are being conducted.These studies shall provide the means for
coordinating,balancing and regulating the development of property within a specific
plan district in order to provide consistency with the goals of the general plan.
17.38.020 -Establishment.
The planning commission may,or if so directed by the city council, shall,designate
districts for which specific plans shall be prepared based on the general plan and
recommend regulations,programs and legislation as may,in its judgment,be required
for the implementation of the general plan.A specific plan district may be designated
while a specific plan is in progress or following its completion.The planning commission
may recommend such plans and measures to the city council for adoption according to
the provisions of California Government Code Sections 65450 through 65457,which
are incorporated into this chapter by this reference,as if fully set forth.
17.38.030 -Area delineation.
Each specific plan district must encompass an identifiable,functionally interrelated,
geographic area.A definite boundary shall be shown or described,although the plan
documents may show or provide information concerning land outside the area for
reference purposes.
17.38.040 -Content.
A specific plan may include maps,plans,diagrams,models and text,which shall
include,at a minimum,the information required by California Government Code
Sections 65451 and 65452.
17.38.050 -Conflict with other code provisions.
In the event that the regulations or requirements of a specific plan district are in conflict
with other applicable provisions of this title,the specific plan shall govern.
17.38.060 -Coastal specific Specific plan district 1.
Specific plan district ,I is the The coastal specific plan district.This district comprises all
land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated
on the city's official zoning map.The provisions and requirements for this district are set
forth in Chapter 17.72 (Coastal Permits).
Ordinance No.
Page 3 of?
8-16
17.38.070 -Western Avenue specific Specific plan district 1 JI.
Western Avenue specific Specific plan district 1 JI encompasses The Terraces shopping
center at the southwest comer of Caddington Drive and Western Avenue (28901
28821 28947 Western Avenue).The plan strives to provide a safe,convenient and
attractive commercial development related to the needs of the area.The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
17.38.080 -Western Avenue specific Speoific plan district 2.f.1.1.
Western Avenue specific Specific plan district 2 III encompasses the west side of
Western Avenue,south of Crestwood Street to the city boundary (29505-29701
Western Avenue).The plan establishes a guide for the comprehensive renovation of
the existing commercial development.The current specific plan which sets forth the
requirements and standards for this district is on file in the office of the director.
17.38.090 -Western Avenue specific Specific plan district 1.-AI.
Western A venue specific Speoific plan district 1.-AI encompasses all properties which
front on the west side of Western Avenue from,and including,29019-29421 Western
Avenue.This area is located between Western Avenue specific plan districts 1 JI and 2
Ill.This plan encourages quality renovation and development that builds on the
opportunities available to this area and eliminates,or reduces,the constraints this area
faces.The plan proposes cohesiveness in design to suggest an identity for the site as
well as for the city.The current specific plan which sets forth the requirements and
standards for this district is on file in the office of the director.
17.38.100 -Eastview Park specific plan district.
The Eastview Park specific plan district encompasses Eastview Park.located at 1700
Westmont Drive.The property is owned by the Los Angeles County Sanitation Districts
and provides a secure access point for the Districts'Joint Outfall System sewer lines.
The city leases the property from the Districts for park purposes.The plan ensures that
the park is maintained and developed for passive recreational use that is compatible
with the surrounding residential and commercial lands uses and preserves the Districts'
rights and ability to access and maintain the underground sewer lines.The current
specific plan which sets forth the requirements and standards for this district is on file in
the office of the director.
Section 7:The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
Ordinance No.
Page 4 of 7
8-17
PASSED,APPROVED AND ADOPTED THIS ST DAY OF SEPTEMBER 2010.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
ss
I,CARLA MORREALE,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 September _,2010,was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on October _,2010,and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No.
Page 5 of 7
8-18
ORDINANCE NO.-EXHIBIT 'A'
ADDENDUM NO.1 TO NEGATIVE DECLARATION
SEPTEMBER ,2010
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 (Planning 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.
Proposed Amendments:The City Council is currently reviewing further amendments
to Title 17 that would revise Chapter 17.38 (Specific Plan Districts)to 1)correct the
current omission of Specific Plan District VII for Eastview Park from this chapter;and 2)
re-title the existing specific plan districts in the City from numbered to descriptive
designations.The proposed amendments are intended to correct an existing error in
the Municipal Code,and to avoid confusion in the future in the event that the new
specific plan district proposed pursuant to the Marymount College Initiative is enacted
by the City's voters.
Purpose:This Addendum to the previously-adopted 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 the light of the whole
record,one or more of the following:
(1)Substantial changes are proposed in the project that will require major revisions
of the previous Negative Declaration due to the involvement of new,significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(2)Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous Negative
Ordinance No.
Page 6 of7
8-19
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of 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 alternatives 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 of the measure or alternative.
FINDINGS REGARDING THE PROPOSED PROJECT REVISIONS:
Staff analyzed the proposed revisions to determine if any impacts would result from the
proposed changes to the language of Chapter 17.38 of Title 17 of the Municipal Code.
The City Council 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,no significant impacts have been identified.The
revisions to Chapter 17.38 of Title 17 do not present new significant
environmental impacts because they merely correct the current omission of
Specific Plan District VII from the Municipal Code and re-title the other existing
specific plan districts in the City so as to avoid confusion and duplication in the
future.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,although potentially effective
citywide,will be limited to only those areas of the City governed by existing or
future specific plan districts.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 that those associated with Ordinance No.510,
there is no need for new or substantially modified mitigation measures.
Therefore,pursuant to CEQA,the City Council finds that no further environmental
review is necessary other than the City Council's adoption of this Addendum NO.1
M:\Projects\zON2010-00223 (Citywide,Specific Plan Clean-Up Code Amendment)\20100921_DraftOrdinance_CC.doc
Ordinance No.
Page 7 of 7
8-20
P.C.RESOLUTION NO.2010-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING TO THE CI.TY COUNCIL
THE ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 17.38
(SPECIFIC PLAN DISTRICTS)OF TITLE 17 (ZONING)OF THE CITY'S
MUNICIPAL CODE TO CORRECT THE OMiSSION OF A REFERENCE
TO AND A DESCRIPTION OF "SPECIFIC PLAN DISTRICT VII"FOR
EASTVIEW PARK,AS ORIGINALLY ENACTED BY THE CITY
COUNCIL IN 1989 {PLANNING CASE NO.ZON2010-o0223}
WHEREAS,on November 8,1989,the City Council adopted Ordinance No.248,
thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII")for the
purpose of regulating the use and development of Eastview Park,located at 1700
Westmont Drive;and,
WHEREAS,for some unknown reason,"Specific Plan District VII"was never
codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan
Districts)of the Rancho Palos Verdes Municipal Code;and,
WHEREAS,on JUly 20,2010,the City Council authorized the initiation of a Code
Amendment (Planning Case No.ZON2010-00223)to correct the omission of "Specific
Plan District VII"from Chapter 17.38 (Specific Plan Districts);and,
WHEREAS,on August 2,2010,notice of the Planning Commission's
consideration of this Code Amendment 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
August 24,2010,at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendment to Chapter 17.38 as set forth in
the Planning Commission Staff report of that date.
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 17.38 of the Municipal Code.
Section 2:The Planning Commission finds that the amendments to Chapter
17.38 of the Municipal Code are consistent with California Government Code Section
65853,zoning amendment procedures.
8-21
Section 3:The Planning Commission finds that the amendments to Chapter
17.38 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific
Plan in that they preserve and enhance the community's quality living environment,and
enhance the visual character and physical quality of existing neighborhoods.
Section 4:The Planning Commission finds that the amendments to Chapter
17.38 are necessary to preserve the public health,safety,and general welfare in the
area.
Section 5:The Planning Commission recommends to the City Council that
Chapter 17.38 of Title 17 be revised to read as follows (the underlined text represents
new language;the text in stFikothrotJgh is to be deleted):
Chapter 17.38 -SPECIFIC PLAN DISTRICTS
17.38.010 -Purpose.
17.38.020 -Establishment.
17.38.030 -Area delineation.
17.38.040 -Content.
17.38.050 -Conflict wfth other code provisions.
17.38.060 -SpeGiiicplan wstriet I Coastal specific plan district.
17.38.070 -SpeGifioplan district 11 Western Avenue specific plan district 1.
17.38.080 -SfJeGitiopian di8tFioi If.,'Western Avenue specific plan district 2.
17.38.090 -SfJeoilioplan distriot IV Western Avenue specific plan district 3.
17.38.100 -Eastview Park specific plan district.
17.38.010 -Purpose.
A specific plan district designates functionally interrelated geographic areas where
detailed studies are being conducted.These studies shall provide the means for
coordinating,balancing and regulating the development of property within a specific
plan district in order to provide consistency with the goals of the general plan.
17.38.020 -Establishment.
The planning commission may,or if so directed by the city council,shall,designate
districts for which specific plans shall be prepared based on the general plan and
recommend regulations,programs and legislation as may,in its judgment,be required
for the implementation of the general plan.A specific plan district may be designated
while a specific plan is in progress or following its completion.The planning commission
may recommend such plans and measures to the city council for adoption according to
the provisions of California Government Code Sections 65450 through 65457,which are
incorporated into this chapter by this reference,as if fully set forth.
17.38.030 -Area delineation.
Each specific plan district must encompass an identifiable,functionally interrelated,
geographic area.A definite boundary shall be shown or described,although the plan
P.C.Resolution No.2010-27
Page 2 of5
8-22
documents may show or provide information concerning land outside the area for
reference purposes.
17.38.040 -Content.
A specific plan may include maps,plans,diagrams,models and text,which shall
include,at a minimum,the information required by California Government Code
Sections 65451 and 65452.
17.38.050 -Conflict with other code provisions.
In the event that the regulations or requirements of a specific plan district are in conflict
with other applicable provisions of this title,the specific plan shall govern.
17.38.060 -Coastal specific Spesilie plan district J.
Speeifie plan dlstrlet I is the The coastal specific plan district.This distriet comprises a/l
land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated
on the city's official zoning map.The provisions and requirements for this district are set
forth in Chapter 17.72 (Coastal Permits).
17.38.070-Western Avenue specific Speeilis plan district 1 II.
Western Avenue specific Speeifie plan district 1 1/encompasses The Teffaces shopping
center at the southwest corner of Caddington Drive and Western Avenue (.28901 28821
28947 Western Avenue).The plan strives to provide a safe,convenient and attractive
commercial development related to the needs of the area.The current specific plan
which sets forth the requirements and standards for this district is on file in the office of
the director.
17.38.080 -Western Avenue specific Spoeifi6 plan district g m.
Western Avenue specific Spee/fie plan district g m encompasses the west side of
Western Avenue,south of Crestwood Street to the city boundary (29505-29701
Western Avenue).The plan establishes a gUide for the comprehensive renovation of the
existing commercial development.The current specific plan which sets forth the
requirements and standards for this district is on file in the office of the director.
17.38.090 -Western Avenue specific Spoeffic plan district;2.At.
Western Avenue specific Spee/fie plan district ~At encompasses all properties which
front on the west side of Western Avenue from,and including,29019-29421 Western
Avenue.This area is located between Western Avenue specific plan districts 1 II and g
m.This plan encourages quality renovation and development that builds on the
opportunities available to this area and eliminates,or reduces,the constraints this area
faces.The plan proposes cohesiveness in design to suggest an identity for the site as
well as for the city.The current specific plan which sets forth the requirements and
standards for this district is on file in the office of the director.
17.38.100 -Eastview Park specific plan district.
The Eastview Park specific plan district encompasses Eastview Park,located at 1700
Westmont Drive.The property is owned by the Los Angeles County Sanitation Districts
P.C.Resolution No.2010-27
Page 3 of 5
8-23
and provides a secure access point for the Districts'Joint Outfall System sewer lines.
The city leases the property from the Districts for park purposes.The plan ensures that
the park is maintained and developed for passive recreational use that is compatible
with the surrounding residential and commercial lands uses,and that preserves the
Districts'rights and ability to access and maintain the underground sewer lines.The
current specific plan which sets forth the reqUirements and standards for this district is
on file in the office of the director.
Section 6: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 the
adoption of said ordinance shall not be affected by the amendments to Title 17 by this
ordinance and shall continue in effect until and unless they are modified,revoked,
expired or are otherwise terminated according to the terms of the approval or the terms
of Title 17 as they existed prior to the effective date of said ordinance.
Section 7:The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications 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 to amend Chapter 17.38 (Specific Plan Districts)of
Title 17 (Zoning)of the City's Municipal Code to correct the omission of a reference to
and a description of "Specific Plan District VII"for Eastview Park,as originally enacted
by the City in 1989 (Planning Case No.ZON2010-00223).
p.e.Resolution No.2010-27
Page 4 of 5
8-24
PASSED,APPROVED,AND ADOPTED this ~th day of August 2010.by the
following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
RECUSALS:
Commissioners Emenhiser.Knight and Leon.Vice Chairman Tomblin
and Chairman Gerstner
none
none
Commissioners Lewis and Tetreault
none
M:\Projecls\ZON2010-00223 (Citywide.Specific Plan Code Amendment)\201 00824_Reso_PC.doc
P.C.Resolution No.2010-27
Page 5 of 5
8-25
1.Code Amendment -Specific Plan clean-up code amendments (Case No.
ZON2010-00223)
Associate Planner Fox presented the staff report,explaining this was a code
amendment in regards to an omission in the Development Code of the specific plan for
Eastview Park.He also explained the other components of the proposed code
amendment,as specified in the staff report.He stated that staff was recommending the
Planning Commission adopt the draft Resolution before them,which forwards a
recommendation of approval to the City Council.
Commissioner Knight moved to approve staff's recommendation,thereby
adopting PC Resolution 2010-27,seconded by Commissioner Emenhiser.
Approved,(5-0).
2.Revision_~.A-1"to Conditional Use Permit No.100 Revision "A"Grading
'permit,Coastal Development Permit {Case No.ZON201 OM00275}:lower
Point Vicente Parking lot
Principal Planner Mihranian presented the staff report,reviewing the previously
approved project components.He noted that the Commission had approved grading
quantities for the site,however in reviewing the plans prior to submittal to Building and
Safety for plan check,staff noted that the grading quantities had increased by
approximately 6,400 cubic yards.He explained the increase was due to some changes
to the grades near the Coast Guard property as well as the need to create a flat area for
the construction staging area.Staff is asking the Commission to amend the grading
quantities to allow 25,885 cubic yards of total grading,which will be a balanced site in
terms of grading.Staff was also asking the Planning Commission increase the grading
deviation to 1,000 cubic yards.He discussed the revised Resolution that was
distributed,noting the changes that were made.
Commissioner Knight compared the current grading plan to the grading plan approved
by the Commission February 9th ,and noted additional grading on the current plan.He
asked staff to explain the additional grading.
Principal Planner Mihranian explained that in order for the grades on the City property to
blend into the grades on the Coast Guard property additional grading will be needed to
fill in the area in question.He noted that the fill will come from an area on site where
grading is also being performed.
Chairman Gerstner noted that the area of grading where the dirt will be removed is very
close to the proposed Annenberg project.He asked staff what would happen to that
area in terms of the grading if the Annenberg project is not approved.He questioned if
the area would be landscaped over or left as is.
Planning Commission Minutes
August 24,2010
Page 2
8-26
CrTYOF RANCHO PALOS VERDES
CHAIRMAN AND MEMBE~O.•THE PLANNING COMMISSION
COMMUNITY DEVELOPM T·ECTOR
AUGUST 24,2010
CODE AMENDMENT (CASE NO.ZON2010-00223):SPECIFIC
PLAN CLEAN-UP CODE AMENDMENT
Staff Coordinator:Kit Fox,AICP,Associate Planner~
RECOMMENDATION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Adopt P.C.Resolution No.2010-_,thereby recommending to the City Council the
adoption of an Ordinance to amend Chapter 17.38 (Specific Plan Districts)of Title 17
(Zoning)of the City's Municipal Code to correct the omission of a reference to and a
descri ption of "Specific Plan District VII"for Eastview Park,as originally enacted by the City
Council in 1989.
BACKGROUND
On March 2,2010,the City received the petition to place the Marymount College initiative
on the November 2,2010 ballot.Among other things,the petitioners proposed that the
passage of the initiative would add Section 17.38.100 to the City's Development Code for
"Specific Plan District V."However,based upon recent Staff research related to the
updating of the City's General Plan Land Use Element,it became apparent that the City
had previously received an application for (but had never enacted)a Specific Plan District
V in the early 1980s.1 Furthermore,the most recent specific plan district enacted by the
City was Specific Plan District VII for Eastview Park,adopted as Ordinance No.248 on
November 8,1989.For some unknown reason,RPVDC Chapter 17.38 was never updated
to include a reference to Specific Plan District VII (see current language of RPVDC Chapter
17.38 attached).As a result,Staff believes that when the petition was prepared for the
Marymount College initiative,the designation "Specific Plan District V"was selected by the
petitioners based upon the reasonable assumption that this would be the next sequential
designation for any new specific plan district in the City.Staff was concerned,however,
that this designation may lead to confusion in the future,whether or not the current
initiative is successful.Therefore,Staff sought approval from the City Council to initiate a
Code Amendment (Planning Case No.ZON2010-00223)to correct the omission of a
reference to Specific Plan District VII from RPVDC Chapter 17.38.This request was
1 Similarly,the City has previously received requests for (but not enacted)Specific Plan Districts VI,
VIII,IX and X.
8-27
Memorandum:Specific Plan Clean-Up Code Amendment (Case No.ZON2010-o0223)
August 24,2010
Page 2
considered and granted by the City Council on July 20,2010.Therefore,this matter has
been agendized for the Planning Commission's consideration at tonight's meeting.
DISCUSSION
The proposed Specific Plan Clean-Up Code Amendment would encompass two (2)
changes to RPVDC Chapter 17.38:
•Chapter 17.38 would be revised to dispense with numeric designations for existing
specific plan districts,replacing them with descriptive,named districts (i.e.,"Coastal
Specific Plan District"versus "Specific Plan District I,"etc.)so as to avoid the
prospect of duplicated and/or non-sequential numeric district designations in the
fL!ture;and,
•Section 17.38.100 would be added to describe the existing Eastview Park Specific
Plan District (Le.,"Specific Plan District VII"),to wit:
The Eastview Park specific plan district encompasses Eastview Park,
located at 1700 Westmont Drive.The property is owned by the Los
Angeles County Sanitation Districts and proVides a secure access
point for the Districts'Joint Outfall System sewer lines.The city
leases the property from the Districts for park purposes.The plan
ensures that the park is maintained and developed for passive
recreational use that is compatible with the surrounding residential
and commercial lands uses,and that preserves the Districts'rights
and ability to access and maintain the underground sewer lines.The
current specific plan which sets forth the requirements and standards
for this district is on file in the office of the director.
With these changes,RPVDC Chapter 17.38 would be brought up-tO-date,and any future
specific plan districts enacted could be designated in a descriptive fashion so as not to
create confusion with existing and/or previously-proposed specific plan districts.These
language changes are included as underlined and struck out text in the draft
P.C.Resolution presented for the Planning Commission's consideration tonight.
ADDITIONAL INFORMATION
Impact Upon the Marymount College Initiative
With the adoption of this Code Amendment,the language of the Marymount College
Initiative (if approved by the voters)would need to be modified slightly.Specifically:
8-28
Memorandum:Specific Plan Clean-Up Code Amendment (Case No.ZON2010..(0223)
August 24,2010
Page 3
•The new section added to Chapter 17.38 would be numbered 17.38.110,not
17.38.100;and,
•The "Campus Specific Plan"would be designated in this new Code section as
"Campus Specific Plan District,"not "Specific Plan District V."
Aside from these minor changes,the proposed Code Amendment would have no impact
upon the substantive language of the Marymount College Initiative.
Public Notification
On August 2,2010,public notices were mailed to three hundred sixty-two (362)property
owners within a 500-foot radius of Eastview Park;the Los Angeles County Sanitation
Districts;the Northwest San Pedro Neighborhood Council;Los Angeles City Councilwoman
Janice Hahn;and the Strathmore Townhomes and Rolling Hills Riviera homeowners'
associations.On August 5,2010,pUblic notice of the August 24,2010,public hearing for
the Specific Plan Clean-Up Code Amendment was published in the Palos Verdes
Peninsula News.Notice was posted on the City's website and provided (as a courtesy)to
the petitioner for the Marymount College Initiative and her attomey;and to Dr.Michael
Brophy and Marymount College's legal counsel.As of the date this report was completed,
Staff had received no comments in response to the public notification for this item.
CEQA Compliance
Recently,miscellaneous revisions to the Development Code (which were recommended by
the Residential Development Standard Steering Committee)were approved by the City
Council,subject to the adoption and certification of a Negative Declaration (NO).Since this
current Code Amendment involves only a very minor clean-up to the Development Code,
Staff intends to prepare an addendum to this recent ND at such time as the Planning
Commission's recommendation for the Code Amendment is presented to the City Council.
Permit Streamlining Act Compliance
As a legislative action,the application for Planning Case No.ZON2010-00223 is not
subject to the decision deadlines imposed under the Permit Streamlining Act.
CONCLUSION
Based upon the foregoing discussion,Staff recommends that the Planning Commission
adopt the draft P.C.Resolution recommending to the City Council the adoption of an
Ordinance to amend Chapter 17.38 (Specific Plan Districts)of Title 17 (Zoning)of the
8-29
Memorandum:Specific Plan Clean-Up Code Amendment (Case No.ZON201 0-(0223)
August 24,2010
Page 4
City's Municipal Code to correct the omission of a reference to and a description of
"Specific Plan District VII"for Eastview Park,as originally enacted by the City Council in
1989.
ALTERNATIVES
In addition to the Staff recommendation,the following alternatives are available for the
Planning Commission's consideration:
1.Approve the Code Amendment with modifications,and direct Staff to prepare an
appropriate P.C.Resolution and conditions of approval for Planning Commission
consideration at the next meeting.
2.Deny the Code Amendment,and direct Staff to prepare an appropriate P.C.
Resolution for Planning Commission consideration at the next meeting.
3.Identify any issues of concern with the proposed project,provide Staff with direction
in modifying the project,and continue the public hearing to a date certain.
Please note that there is no decision deadline in this matter.However,Staff desires to
present this Code Amendment timely to the City Council for its consideration so that it may
be adopted and effective before the November 2,2010,general election.
Attachments:
Draft P.C.Resolution No.2010-_
Ordinance No.248 (adopted November 8,1989)
Specific Plan District VlI summary sheet
M;\Projec!s\lON2010-o0223 (Citywide.Specific Plan Code Amendment)\20100824_StaffRpt_PC.doc
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P.C.RESOLUTION NO.2010-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 17.38
(SPECIFIC PLAN DISTRICTS)OF TITLE 17 (ZONING)OF THE CITY'S
MUNICIPAL CODE TO CORRECT THE OMISSION OF A REFERENCE
TO AND A DESCRIPTION OF "SPECIFIC PLAN DISTRICT VII"FOR
EASTVIEW PARK,AS ORIGINALLY ENACTED BY THE CITY
COUNCIL IN 1989 (PLANNING CASE NO.ZON2010-00223)
WHEREAS,on November 8,1989,the City Council adopted Ordinance No.248,
thereby enacting the Eastview Park Specific Plan ("Specific Plan District VII")for the
purpose of regulating the use and development of Eastview Park,located at 1700
Westmont Drive;and,
WHEREAS,for some unknown reason,"Specific Plan District VII"was never
codified along with other adopted specific plan districts in Chapter 17.38 (Specific Plan
Districts)of the Rancho Palos Verdes Municipal Code;and,
WHEREAS,on July 20,2010,the City Council authorized the initiation of a Code
Amendment (Planning Case No.ZON2010-00223)to correct the omission of "Specific
Plan District VII"from Chapter 17.38 (Specific Plan Districts);and,
WHEREAS,on August 2,2010,notice of the Planning Commission's
consideration of this Code Amendment 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
August 24,2010,at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendment to Chapter 17.38 as set forth in
the Planning Commission Staff report of that date.
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 17.38 of the Municipal Code.
Section 2:The Planning Commission finds that the amendments to Chapter
17.38 of the Municipal Code are consistent with California Government Code Section
65853,zoning amendment procedures.
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Section 3:The Planning Commission finds that the amendments to Chapter
17.38 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific
Plan in that they preserve and enhance the community's quality living environment,and
enhance the visual character and physical quality of existing neighborhoods.
Section 4:The Planning Commission finds that the amendments to Chapter
17.38 are necessary to preserve the public health,safety,and general welfare in the
area.
Section 5:The Planning Commission recommends to the City Council that
Chapter 17.38 of Title 17 be revised to read as follows (the underlined text represents
new language;the text in strikethrough is to be deleted):
Chapter 17.38 -SPECIFIC PLAN DISTRICTS
17.38.010 -Purpose.
17.38.020 -Establishment.
17.38.030 -Area delineation.
17.38.040 -Content.
17.38.050 -Conflict with other code provisions.
17.38.060 -Speoifie plan di6triet /Coastal specific plan district.
17.38.070 -SpeGifieplan distrfet It Western Avenue specific plan district 1.
17.38.080 -SpeGifie plan distriet 11/Western A venue specific plan district 2.
17.38.090 -SpeGifie pJan dfstriet /'1 Western A venue specific plan district 3.
17.38.100 -Eastview Park specific plan district.
17.38.010 -Purpose.
A specific plan district designates functionally interrelated geographic areas where
detailed studies are being conducted.These studies shall provide the means for
coordinating,balancing and regulating the development of property within a specific
plan district in order to provide consistency with the goals of the general plan.
17.38.020 -Establishment.
The planning commission may,or if so directed by the city council,shall,designate
districts for which specific plans shall be prepared based on the general plan and
recommend regulations,programs and legislation as may,in its judgment,be required
for the implementation of the general plan.A specific plan district may be designated
while a specific plan is in progress or following its completion.The planning commission
may recommend such plans and measures to the city council for adoption according to
the provisions of California Government Code Sections 65450 through 65457,which are
incorporated into this chapter by this reference,as if fully set forth.
17.38.030 -Area delineation.
Each specific plan district must encompass an identifiable,functionally interrelated,
geographic area.A definite boundary shall be shown or described,although the plan
P.C.Resolution No.2010-_
Page 2 of 5
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documents may show or provide information concerning land outside the area for
reference purposes.
17.38.040 -Content.
A specific plan may include maps,plans,diagrams,models and text,which shall
include,at a minimum,the information required by California Government Code
Sections 65451 and 65452.
17.38.050 -Conflict with other code provisions.
In the event that the regulations or requirements of a specific plan district are in conflict
with other applicable provisions of this title,the specific plan shall govern.
17.38.060 -Coastal specific Specific plan district J.
SpecJfic plan rJistrict I is the The coastal specific plan district.This distrJct comprises all
land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated
on the city's official zoning map.The provisions and requirements for this district are set
forth in Chapter 17.72 (Coastal Permits).
17.38.070 -Western Avenue specific Specific plan district 1 #.
Western Avenue specific SpecJlic plan district 1 #encompasses The Terraces shopping
center at the southwest corner of Caddington Drive and Western Avenue (28901 28821
28947 Western Avenue).The plan strives to provide a safe,convenient and attractive
commercial development related to the needs of the area.The current specific plan
which sets forth the requirements and standards for this district is on file in the office of
the director.
17.38.080 -Western A venue specific Speci.fic plan district 2.#/.
Western A venue specific Specific plan district 2.#/encompasses the west side of
Western Avenue,south of Crestwood Street to the city boundary (29505-29701
Western Avenue).The plan establishes a guide for the comprehensive renovation of the
existing commercial development.The current specific plan which sets forth the
requirements and standards for this district is on file in the office of the director.
17.38.090 -Western Avenue specific Specific plan district ~Ai.
Western A venue specific Specific plan district ~Ai encompasses all properties which
front on the west side of Western Avenue from,and including,29019-29421 Western
A venue.This area is located between Western A venue specific plan districts 1 #and 2.
#/.This plan encourages quality renovation and development that builds on the
opportunities available to this area and eliminates,or reduces,the constraints this area
faces.The plan proposes cohesiveness in design to suggest an identity for the site as
well as for the city.The current specific plan which sets forth the requirements and
standards for this district is on file in the office of the director.
17.38.100 -Eastview Park specific plan district.
The Eastview Park specific plan district encompasses Eastview Park.located at 1700
Westmont Drive.The property is owned by the Los Angeles County Sanitation Districts
P.C.Resolution No.2010-_
Page 3 of 5
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and provides a secure access point for the Districts'Joint Outfall SYstem sewer lines.
The city leases the property from the Districts for park purposes.The plan ensures that
the park is maintained and developed for passive recreational use that is compatible
with the surrounding residential and commercial lands uses,and that preserves the
Districts'rights and ability to access and maintain the underground sewer lines.The
current specific plan which sets forth the requirements and standards for this district is
on file in the office of the director.
Section 6: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 the
adoption of said ordinance shall not be affected by the amendments to Title 17 by this
ordinance and shall continue in effect until and unless they are modified,revoked,
expired or are otherwise terminated according to the terms of the approval or the terms
of Title 17 as they existed prior to the effective date of said ordinance.
Section 7:The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications 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 to amend Chapter 17.38 (Specific Plan Districts)of
Title 17 (Zoning)of the City's Municipal Code to correct the omission of a reference to
and a description of "Specific Plan District VII"for Eastview Park,as originally enacted
by the City in 1989 (Planning Case No.ZON2010-00223).
P.C.Resolution No.2010-_
Page 4 of 5
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PASSED,APPROVED,AND ADOPTED this _th day of August 2010,by the
following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
RECUSALS:
Bill Gerstner
Chairman
Joel Rojas,AICP
Community Development Director;and,
Secretary to the Planning Commission
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P.C.Resolution No.2010-_
Page 5 of 5
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·-----_..--,----------------
ORDINANCE NO.248
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING SPECIFIC PLAN NO.7 AND ISSUING A FINAL
NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT
NO.587
WHEREAS,General Plan Amendment No.14 in 1983 designated the
subject site at 1700 Westmont Ave.as a Specific Plan District;
and
WHEREAS,the Planning Commission has held a public hearing on
this matter on September 26,1989,and has recommended approval in
P.C.Resolution No.89-56;and
WHEREAS,the City Council has held a public hearing on this
matter on October 17,1989.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1:The City Council has reviewed and considered the
contents of Environmental Assessment No.587 and the accompanying
Initial Study and Negative Declaration in reaching its decision on
Specific Plan No.7 and finds that this Specific Plan will not
result in any significant environmental effect.Further,the City
Council does hereby certify that all requirements pursuant to the
California Environmental Quality Act and the City of Rancho Palos
Verdes have been met,and a Final Negative Declaration will be
issued.
Section 2:The City Council finds that Specific Plan No.7
is consistent with the General Plan.
Section 3:The City Council finds that Specific Plan No.7
is necessary to establish permitted uses and standards for this
property at 1700 Westmont Avenue.
Section 4:For the foregoing reasons the City Council of the
City of Rancho Palos Verdes hereby approves Specific Plan No.7,
pursuant to the conditions outlined in Exhibit t1AtI,attached.
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('
PASSED.APPROVED AND ADOPTED ON NOVEMBER 8,1989.
lSI JACKI BACHARACH
MAYOR
ATTEST:
/S/JO PURCELL
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF RANCHO PALOS VERDES )
I,JO PURCELL,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 four:that the foregoing ordinance,being
Ordinance No.248,was duly and regularly adopted by the City
Council of said City at a regular meeting hereof held on November
8,1989 and the same was passed and adopted by the following
ro 11 ca 11 vote:
AYES:McTAGGART,HUGHES,HINCHLIFFE AND MAYOR BACHARACH
NOES:NONE
ABSTAIN:NONE
CITY CLERK
CITY OF RANCHO PALOS VERDES
Ordinance No.248
Page 2
8-37
.'
.._---_._-_._---------
/
.1
';;.
EXHIBIT "A"
CONDITIONS OF APPROVAL
SPECIFIC PLAN NO.7
"'/""
I
\.
ENVIRONMENTAL ASSESSMENT NO.587
1.All proposed uses and development shall conform to the
standards for "OR"(Open Space Recreational)zoning in the
City's Development Code.
2.Construction of any structures on the site shall be
consistent with the recommendations of RSA Associates,Inc.
(July 5,1989),based on the Soil Engineering Report by
Pacific Soils Engineering (March 3,1989).
3.A landscape and lighting plan shall be submitted to the
Department of Environmental Services for approval prior to
issuance of a grading permit.The plan shall provide a
minimum of 60 feet of landscape buffering from adjacent
residences and shall direct lighting away from adjacent
properties.
4.Park use shall be limited to passive recreational activities,
e.g.picnicking,jogging,par course,and related facilities.
5.Park use shall be limited to daylight'hours and the park gate
shall be locked at dusk.
Ordinance No.248-..._-...8-38
Location:
Zonin9:
Use:
Facilities:
SPECIFIC PLAN VII
1700 Westmont Avenue
OR (Outdoor Recreational)
Passive Parkland
Off-Street Parking
J099ing Path
Par Course
Playground
Picnic Tables
Restrooms
Low-Level Security Lighting
Drinking Fountains
landscaping and Irrigation
Development Standards:
All Standards of "OR"(Open-Space Recreational)Zoning
Geologic Review of All Structures in "Restricted Zone"
Park Use limited to Daylight Hours Only
landscape/Lighting Plan approved by Environmental Services
Landscape Screening (60-100 feet)from Adjacent Residences
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