ORD 606 ORDINANCE NO. 606
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO CLARIFY THAT THE FINAL DECIDING
BODY, UNLESS EXPRESSLY STATED IN THE ADOPTED
CONDITIONS OF APPROVAL, SHALL CONDUCT COMPLIANCE
REVIEWS OF CONDITIONAL USE PERMITS.
WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning Districts
within the City that identify land uses that are permitted by right or through the issuance of a
Conditional Use Permit;
WHEREAS, Section 17.60 (Conditional Use Permits) of the Rancho Palos Verdes
Municipal Code establishes the purpose, applicability, public hearing requirements, required
findings, and permissible conditions for granting a Conditional Use Permit;
WHEREAS, Section 17.60.050(D)of the Rancho Palos Verdes Municipal Code authorizes
the Planning Commission, when desirable, to add conditions requiring future or compliance
reviews of Conditional Use Permits, but does not expressly state which governing body may
conduct a future review or whether a fee should be collected to recover the City's costs associated
with processing a review;
WHEREAS, on December 5, 2017, the City Council initiated a zoning code amendment
process to amend Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code to clarify which governing bodies conduct compliance reviews of
Conditional Use Permits and to establish a fee for such reviews;
WHEREAS, on February 13, 2018, the Planning Commission held a duly-noticed public
hearing and adopted P.C. Resolution No. 2018-08, recommending that the City Council adopt
this Ordinance;
WHEREAS, on March 15, 2018 and March 29, 2018, a public notice was published in the
Palos Verdes Peninsula News, providing a notice of a public hearing before the City Council on
April 17, 2018;
WHEREAS, on April 17, 2018, the City Council conducted a duly noticed public hearing
on this Ordinance, and all testimony was received was made a part of the public record;
WHEREAS, the City Council has duly considered all information presented to it, including
the Planning Commission findings stated in P.C. Resolution No. 2018-08, written staff reports,
and any testimony provided at the public hearing;
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 City Council of the City of Rancho Palos Verdes hereby makes the
following findings:
A. Section 17.60.050(D) of the Rancho Palos Verdes Municipal Code creates
ambiguity as to which governing body has the authority to conduct compliance
reviews of Conditional Use Permits.
B. The amendment to Title 17 adopted herein is consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that it upholds, and does not
hinder, the goals and policies of those plans. Specifically, the amendment adopted
herein will reduce ambiguity in the Code by providing a clear understanding of
which governing body will carry out future reviews of a Conditional Use Permit.
C. The amendment adopted herein is exempt from the requirements of the California
Environmental Quality Act and Government Code Section 65962.5(f) 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.
Section 2. Section 17.60.050 (D) (Findings & Conditions) of Chapter 17.60
(Conditions of Approval) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is
hereby amended to read as follows:
"When warranted, the Planning Commission or City Council may add conditions requiring
compliance review or updating of maintenance, development plans and activities. Such
compliance reviews or updates shall be conducted by the final deciding body of a
Conditional Use Permit, unless expressly stated in the adopted conditions of approval.
The submittal of a fee, as established by resolution of the City Council, shall be required
for processing such compliance reviews or updates."
Section 3. This ordinance is exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15061(b)(3) and Section 15321. The Code Amendment is exempt
because it consists of only 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, and
does not have the potential to cause significant effects on the environment.
Section 4. Severability. If any section, subsection, 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 5. 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. 606
Page 2 of 3
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st
day after its passage.
PASSED, APPROVED and ADOPTED this 1st day of May 2018.
ayor
ATTEST: 4111
IPAP
Cit Cle k
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. 606
passed first reading on April 17, 2018, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on May 1, 2018, and that the same was passed and adopted
by the following roll call vote:
AYES: Cruikshank, Duhovic, Dyda and Mayor Brooks
NOES: None
ABSENT: Alegria
ABSTAIN: None
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Ordinance No. 606
Page 3 of 3
CITY 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 May 2, 2018, she caused to be posted the following
document entitled: ORDINANCE NO. 606, AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO CLARIFY THAT THE FINAL DECIDING BODY,
UNLESS EXPRESSLY STATED IN THE ADOPTED
CONDITIONS OF APPROVAL, SHALL CONDUCT
COMPLIANCE REVIEWS OF CONDITIONAL USE PERMITS,
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
0
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoin is a true and correct affidavit of
posting.
y Clerk