CC SR 20180417 01 - CUP Future Compliance Reviews Code Amendment
PUBLIC HEARING
Date: April 17, 2018
Subject: Consideration and possible action to introduce an ordinance to amend Chapter
17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code to clarify a compliance review process for conditional use
permits and to adopt a resolution amending the City’s Master Schedule of Fees
and Charges for City Services to add a new fee to process such reviews (CASE
NO. ZON2017-00595)
Subject Property/Location: Citywide
1. Report of Notice Given: City Clerk Colborn
2. Request for Staff Report: Mayor Brooks
3. Staff Report & Recommendation: Octavio Silva, Senior Planner
4. Council Questions of Staff (factual and without bias):
5. Declare Public Hearing Open: Mayor Brooks
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant
additional time to a representative speaking for an entire group. The Mayor also may adjust
the time limit for individual speakers depending upon the number of speakers who intend to
speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor
Brooks
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify
matters. Staff and/or Council may also answer questions posed by speakers during their
testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the
matter; reopen the hearing for additional testimony; continue the matter to a later date for a
decision.
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/17/2018
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance to amend Chapter 17.60
(Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code to clarify a compliance review process for conditional use permits and to adopt a
resolution amending the City’s Master Schedule of Fees and Charges for City Services
to add a new fee to process such reviews (CASE NO. ZON2017-00595).
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.60
(CONDITIONAL USE PERMIT) TO CLARIFY THAT THE FINAL DECIDING
BODY, UNLESS EXPRESSLY STATED IN THE ADOPTED CONDITIONS OF
APPROVAL, SHALL CONDUCT COMPLIANCE REVIEW S OF CONDITIONAL
USE PERMITS; and,
(2) Adopt Resolution No. 2018 - __, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO.
2010-77 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES
FOR CITY SERVICES TO ADD A NEW COMPLIANCE REVIEW FEE AND
ASSOCIATED TRUST DEPOSIT FOR CONSULTANT SERVICES.
FISCAL IMPACT: The City currently does not a collect fee to process compliance
reviews for conditional use permits. By amending the City’s Master Schedule of Fees in
order to create a new Compliance Review fee, the City will be able to recover costs
associated with the processing of such reviews.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (page A-1)
B. Resolution No. 2018- ___ (page B-1)
C. P.C. Resolution No. 2018-08 (page C-1)
1
BACKGROUND AND DISCUSSION:
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 (RPVMC) to clarify which governing body can conduct
compliance reviews of Conditional Use Permits (CUP) and to establish a fee to recover
City costs for processing such reviews.
On February 13, 2018, the Planning Commission adopted P.C. Resolution No. 2018-08
(Attachment C), recommending to the City Council that specific language be codified
pertaining to compliance reviews of CUPs and that a new fee be adopted to recover
City costs for processing such reviews.
On March 15, 2018 and March 29, 2018, a public notice announcing the City Council’s
review of the proposed code amendment was published in the Palos Verdes Peninsula
News. As of the date that this report was completed, no public comments had been
received.
Code Amendment
The City’s Development Code (Code) establishes a number of different Zoning Districts
within the City including, but not limited to, Residential, Commercial, and Institutional.
The Development Code further identifies land uses that are permitted “by-right” or
through the issuance of a CUP in each of the City’s Zoning Districts. RPVMC Chapter
17.60 establishes the purpose, applicability, public hearing requirements, and the
required findings that must be made in order to grant a CUP.
The CUP procedure provides for uses that are necessary or desirable for the
development of the community but cannot readily be classified as by-right, permitted
uses in individual zoning districts by reason of uniqueness in size, scope, or possible
effects on surrounding uses. In granting a CUP, the City has the ability to impose
conditions of approval to mitigate potential impacts. Additionally, RPVMC Section
17.60.050(D) authorizes the Planning Commission, when desirable, to add conditions
requiring compliance reviews of CUPs (i.e., 3-month, 6-month, or annual reviews) to
ensure that the operations of a conditionally-permitted use are in compliance with the
adopted conditions of approval. When such conditions are added, Staff is required to
prepare and process timely reviews, which are typically presented to the Planning
Commission, or to the City Council in cases where the City Council was the final
deciding body.
The Code currently does not expressly state which governing body may conduct
compliance reviews of CUPs. In order to provide clarification on the City’s compliance
review process, specifically as to the governing body that can conduct such reviews, the
Planning Commission recommends the following text amendment to RPVMC Chapter
17.60.50(D) (Findings and Conditions) of Title 17 (Zoning), with minor wording edits
2
suggested by Staff, as proposed in the attached draft ordinance (Attachment A). The
proposed deleted text is shown as strikethrough, and the proposed added text is shown
as bold/underline:
17.60.50(D)-Findings and Conditions
D. When deemed desirable warranted, the Pplanning Ccommission or City
Council may add conditions requiring future a 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.
The proposed code amendment expressly states that compliance reviews shall be
conducted by the final deciding body of a CUP. For example, if the Planning
Commission approves a CUP, then the Planning Commission would conduct
subsequent compliance reviews. However, if a Planning Commission-approved CUP is
appealed and the City Council renders a final decision, then the City Council is the final
deciding body and all subsequent compliance reviews will be subject to City Council’s
approval, unless expressly stated otherwise in the Conditions of Approval. The
proposed Code Amendment will reduce ambiguity in the Code by providing a clear
understanding of which governing body will carry out compliance reviews of a given
CUP.
New Compliance Review Fee
In addition to the proposed Code amendment, the Planning Commission is requesting
that the City Council consider amending the City’s Master Fee Schedule of Fees and
Charges to add a new Compliance Review Fee applicable to new CUPs and existing
CUPs that have conditions which require compliance reviews (Attachment B). The
Planning Division currently processes a number of CUP compliance reviews every year,
at no cost to an Applicant. The preparation of a compliance review requires Staff to:
• Monitor the operations of a project’s compliance to the City’s Development Code
and adopted Conditions of Approval.
• Conduct meetings with a project applicant, neighbors, and local homeowners’
associations.
• Issue a minimum 15-day public notice to property owners within a 500-foot radius
of the project site and publication of said notice in a local newspaper.
• Coordinate specialized consultant services, such as traffic and/or noise
monitoring.
• Prepare a written report and presentation to the Planning Commission or City
Council.
3
Staff recommends a new Compliance Review fee of $2,950, which is based on an
average of 25 hours of Staff time at a fully-burden hourly rate of approximately $118 for
a Project Planner classification. In addition, in some cases, a CUP compliance review
may require services by a specialized consultant to assess operations such as noise,
traffic or other environmental impacts. The proposed Compliance Review fee would also
require, if needed, that a trust deposit be established to cover costs associated with a
consultant’s specialized services. A specific trust deposit amount is not being proposed,
as fees for consultant services may vary depending on the level of review. Both the
proposed Compliance Review fee and trust deposit will be collected as required in the
established Conditions of Approval for a CUP. In cases where a CUP does not specify
when the fee should be collected, then the fee will be collected prior to the preparation
of the compliance review.
Based on the forgoing discussion, Staff proposes the following fee for the City Council’s
consideration:
Permit Proposed Fee Notes
Compliance
Review Fee $2,950 + Trust Deposit Fee
$2,950 plus establishing
a trust deposit to cover
actual cost for consultant
services including, but
not limited to, the City
Attorney, City Engineer,
Traffic Engineer and
other Consultants
California Environmental Quality Act (CEQA)
Pursuant to the provisions of the California Environmental Quality Act, Public Resources
Code Sections 2100 et. seq. (“CEQA”), the State’s CEQA Guidelines, California Code of
Regulations, Title 14, Section 150000 et. seq., the City’s Local CEQA Guidelines, and
Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), it
has been determined that the proposed Code Amendment is exempt from CEQA,
pursuant to Section 15061(b)(3) and Section 15321. The Code Amendment is exempt
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, and does not have the potential to cause significant effects on the
environment.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council’s consideration:
4
1. Direct Staff to return with modified Code language for consideration at a
future meeting, and continue the public hearing to a date certain.
2. Direct Staff to take no action at this time.
5
ORDINANCE NO. ___
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; and,
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; and,
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 compliance review or whether a fee should be collected
to recover the City’s costs associated with processing a review; and,
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; and,
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; and,
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; and,
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; and,
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.
A-1
Ordinance No. ___
Page 2 of 3
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 a 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. 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.
A-2
Ordinance No. ___
Page 3 of 3
Section 4. 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.
PASSED, APPROVED and ADOPTED this __th day of ______ 2018.
_________________________________
Susan Brooks, Mayor
ATTEST:
____________________________
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. ___ passed first reading on _____________, 2018, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on __________, 2018, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Emily Colborn, City Clerk
A-3
RESOLUTION NO. 2018-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION
NO. 2010-77 TO AMEND THE MASTER SCHEDULE OF
FEES AND CHARGES FOR CITY SERVICES TO ADD A
NEW COMPLIANCE REVIEW FEE AND ASSOCIATED
TRUST DEPOSIT FOR CONSULTANT SERVICES.
WHEREAS, the City of Rancho Palos Verdes conducted an extensive analysis of its
services, the costs reasonably borne by the City in providing those services, the
beneficiaries of those services, and the revenues produced by those paying fees and
charges for services for fiscal year 2008-2009; and,
WHEREAS, after conducting a public hearing, the City adopted Resolution
No. 2010-77 thereby adopting a Master Schedule of Fees and Charges for City services;
and,
WHEREAS, on April 17, 2018, the City Council introduced Ordinance No. ___,
Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code to clarify a future or compliance review process for conditional use permits;
and,
WHEREAS, the City’s Planning Division currently processes compliance reviews of
conditional use permits at no cost to an applicant; and,
WHEREAS, on March 15, 2018, and March 29, 2018, a notice of public hearing to
be held on April 17, 2018, was published in the Palos Verdes Peninsula News; and,
WHEREAS, the proposed amendment to the Master Fee Schedule was made
available to the public ten days prior to the City Council’s April 17, 2018 public hearing;
and,
WHEREAS, on April 17, 2018, the City Council conducted a duly noticed public
hearing for the proposed new Compliance Review fee; and,
W HEREAS, the City Council deems it necessary to amend the Master Fee
Schedule to add a new Compliance Review fee.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
Section 1: The facts set forth in the recitals of this Resolution are true and correct
and are incorporated herein by references as though set forth in full.
Section 2: The City Council hereby finds that the adoption of this Resolution
amending Resolution No. 2010-77 to establish a new fee for Future Compliance Reviews is
B-1
Resolution No. 2018-__
Page 2 of 4
exempt from the California Environmental Quality Act (Public Resources Code Sections
21080 et. seq.) pursuant to Public Resources Code Section 21080(b)(8)(A).
Section 3: The City Council hereby finds that the new fee of $2,950, which is
based on an average estimate of 25 hours of Staff time at a fully-burden hourly rate of
approximately $118 for a Project Planner classification, does not exceed the cost to the
City of processing a Compliance Review application, and the requirement to establish, if
needed, a trust deposit to cover actual cost associated with consultant services, such as,
but not limited to, the City Attorney, City Engineer, Traffic Engineer and other Consultants
charged against a trust deposit.
Section 4: The City Council hereby approves and adopts the revisions to the
Master Fee Schedule and hereby amends the relevant provisions of Resolution No. 2010-
77 to incorporate the new Compliance Review fee into the Master Fee Schedule attached
hereto as Exhibit “A”.
Section 5: Any person paying a given fee who feels that any fee, charge or rate
determined and set is in excess of the percentage of costs reasonably borne by the City
may appeal in writing to the City Council.
Section 6: The amended Master Fee Schedule specified in this Resolution Shall
become effective on June 16, 2018.
Section 7: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
B-2
Resolution No. 2018-__
Page 3 of 4
PASSED, APPROVED and ADOPTED this 17th day of April 2018.
_________________________________
Susan Brooks, Mayor
ATTEST:
____________________________
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2018-__, was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on April 17, 2018.
__________________________________
CITY CLERK
B-3
Resolution No. 2018-__
Page 4 of 4
Exhibit A
Resolution No. 2018-__
Proposed Compliance Review Fee
The fee for Compliance Review is hereby added as follows.
Permit Proposed Fee
Compliance Review Fee $2,950 plus establishing a trust deposit to cover
actual cost for consultant services including, but
not limited to, the City Attorney, City Engineer,
Traffic Engineer and other Consultants
B-4
P.C. RESOLUTION NO. 2018-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL ADOPT PROPOSED AMENDMENTS TO
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 FUTURE REVIEWS OF
CONDITIONAL USE PERMITS AND THAT THE CITY COUNCIL
SHOULD ESTABLISH A FEE TO RECOVER CITY COSTS FOR
PROCESSING SUCH REVIEWS (CASE NO. ZON2017-00595).
WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning
Districts within the City which identifies 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, and
finding and conditions that the Planning Commission must find in order to grant 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
reviews of Conditional Use Permits, but does not expressly state which governing body
may conduct an annual review or whether a fee should be collected to recover the City's
costs associated with processing an annual 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 allow the City Council to add
conditions requiring future review or updates of Conditional Use Permits, to clarify which
governing body can conduct annual reviews of Conditional Use Permits, and to authorize
the establishment of a fee for such reviews;
WHEREAS, on January 25, 2018, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the Planning Commission on February
13, 2018; and
WHEREAS, on February 13, 2018, the Planning Commission held a duly-noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
01203.0005/445195 1 C-1
1. The proposed amendments to Chapter 17.60 of Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code clarify that the final deciding body,
unless expressly stated in the adopted Conditions of Approval, shall
conduct future reviews of Conditional Use Permits, and authorize the City
Council to establish a fee for such future reviews by resolution.
2. The proposed amendment to Title 17 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. The proposed Code
Amendment 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.
3. The proposed amendment is exempt from the provisions 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.
4.For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby
recommends to the City Council that an Ordinance be adopted entitled, "AN
ORDINANCE 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
FUTURE REVIEWS OF CONDITIONAL USE PERMITS, AND
AUTHORIZING THE ESTABLISHMENT OF A FEE TO PROCESS SUCH
REVIEWS (CASE NO. ZON2017-00595)," in the form attached to this
Resolution as Exhibit "A".
01203.0005/445195.1 P.C. Resolution No. 2018-08
Page 2 of 8
C-2
PASSED, APPROVED and ADOPTED this 13th day of February 2018, by the following
vote:
AYES: COMMISSIONERS BRADLEY, NELSON, TOMBLIN, LEON, AND VICE
CHAIRMAN JAMES
NOES: COMMISSIONER EMENHISER
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
William J. Ja es,
Vice Chairman
Ara Mihranian, AICP
Director of Community Development
Secretary to the Planning Commission
01203.0005/445195.1 P.C. Resolution No. 2018-08
Page 3 of 8
C-3
EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached.
01203.0005/445195.1 P.C. Resolution No. 2018-08
Page 4 of 8
C-4
ORDINANCE NO.
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 FUTURE REVIEWS OF CONDITIONAL USE
PERMITS, AND AUTHORIZING THE ESTABLISHMENT OF A
FEE TO PROCESS SUCH REVIEWS (CASE NO. ZON2017-
00595).
WHEREAS, the City of Rancho Palos Verdes Municipal Code establishes Zoning
Districts within the City which 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
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 for amendments to Chapter 17.60 (Conditional Use Permit) of Title
17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify which governing bodies
conduct future reviews of Conditional Use Permits and 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-_, recommending that the City
Council adopt this Ordinance;
WHEREAS, on a Public Notice was published in the Peninsula News,
providing a notice of a public hearing before the City Council on
WHEREAS, on 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;
and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2018- , written staff
reports, and any testimony provided at the public hearing.
01203.0005/445195.1 P.C. Resolution No. 2018-08
Page 5 of 8
C-5
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 future
reviews of Conditional Use Permits.
B. A fee should be collected to recover the City's costs associated with the
processing of future reviews of Conditional Use Permits.
C. 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 CUP.
D. 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 the following:
When warranted, the planning commission or city council may add conditions
requiring future review or updating of maintenance, development plans and
activities. Such future reviews or updates shall be conducted by the final deciding
body, unless expressly stated in the adopted conditions of approval. A fee for such
future reviews or updates shall be as established by resolution of the city council."
Section 3. 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,
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subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Section 4. 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.
PASSED, APPROVED and ADOPTED this _T" day of 2018.
Susan Brooks, Mayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
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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.passed first reading on 2018, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on 2018, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn, City Clerk
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