CC SR 20180501 E - CUP Code Amendment Ord 606RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/01/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 606 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 (Case No.
ZON2017-00595).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 606, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.60
(CONDITIONAL USE PERMITS) OF TITLE 17 (ZONING) OF THE CITY OF
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.
FISCAL IMPACT: None
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. 606 (page A-1)
BACKGROUND AND DISCUSSION:
On April 17, 2018, Ordinance No. 606 (Attachment A) was introduced by the City
Council. This Ordinance amends the existing text within Section 17.60.050(D) of the
Rancho Palos Verdes Municipal Code by clarifying who the final deciding body is to
conduct compliance reviews of Conditional Use Permits. This evening, Ordinance No.
606 is being presented to the City Council for its second reading and formal adoption.
This Ordinance will go into effect on May 31, 2018, which is 30-days from adoption.
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ALTERNATIVES:
In addition to the Staff’s recommendation, the following alternative action is available for
the City Council’s consideration.
1. Direct Staff to revise Ordinance No. 606 for re-introduction and/or second
reading at a future City Council meeting.
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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;
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Ordinance No. 606
Page 2 of 4
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.
A-2
Ordinance No. 606
Page 3 of 4
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.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this 1st day of May 2018.
_________________________________
Susan Brooks, Mayor
ATTEST:
____________________________
Emily Colborn, City Clerk
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Ordinance No. 606
Page 4 of 4
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:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Emily Colborn, City Clerk
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