PC RES 2022-014 P.C. RESOLUTION NO. 2022-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT CODE AMENDMENTS TO ADDING CHAPTER
17.79 (CITY PROJECTS) OF ARTICLE VII (DEVELOPMENT
APPLICATION AND REVIEW); AND AMENDING CHAPTER 17.96
(DEFINITIONS) OF ARTICLE VIII (ADMINISTRATION) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
TO DELINEATE THE PLANNING COMMISSION'S ROLE AS
ADVISORY TO THE CITY COUNCIL FOR CITY PROJECTS
INVOLVING DISCRETIONARY DEVELOPMENT APPLICATIONS
AND ASSOCIATED UPDATES FOR CONSISTENCY WITH NEW
CODE PROVISIONS (CASE NO. PLCA2022-0003)
WHEREAS, on March 1, 2022, the City Council initiated code amendment
proceedings that included code amendments to Title 17 (Zoning Code) of the Rancho
Palos Verdes Municipal Code (RPVMC) to delineate the Planning Commission's role as
advisory to the City Council for City projects involving discretionary development
applications including, but not limited to, conditional use permits, variances, and grading
permits; and
WHEREAS, on September 12, 2022, a public notice was published in the Daily
Breeze and sent out to interested parties, announcing code amendment proceedings to
be considered by the Planning Commission on September 27, 2022, pursuant to the
requirements of the RPVMC; and
WHEREAS, the proposed addition of Chapter 17.79 will update procedures to
delineate that the Planning Commission is an advisory body for all city-owned
discretionary review projects; and
WHEREAS, on September 27, 2022, the Planning Commission conducted the
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence on the proposed code amendments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated fully herein
by reference.
SECTION 2. The Planning Commission has reviewed and considered the
proposed code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code (Case No. PLCA2022-0003) and has determined that the proposed amendments
P.C. Resolution No 2022-14
Page 1
to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that such amendments uphold the goals and policies of those plans, and
that the proposed code amendments would ensure the protection of properties and
persons from environmental effects created by any use or development of land.
SECTION 3. Establishing Chapter 17.79 (City Projects) within the RPVMC that
clarifies the Planning Commission's role as an advisory body for City projects that require
discretionary review.
SECTION 4. The proposed code amendments to Title 17 (Zoning) of the RPVMC
are exempt from the requirements of the California Environmental Quality Act (CEQA)
because the proposed ordinance: (1) does not constitute a "project" under CEQA
Guidelines Section 15378(b)(2), but rather constitutes general policy and procedure
making; (2) does not constitute a "project" under CEQA Guidelines Section 15378(b)(5)
because it has no potential for resulting in physical change to the environment, either
directly or indirectly; and (3) in the alternative, pursuant to CEQA Guidelines Section
15060(c)(2), the activity will not result in direct or reasonably foreseeable indirect physical
change in the environment, and Section 15061(b)(3), since it can be seen with certainty
that there is no possibility that this action will have a significant effect on the environment.
SECTION 5. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, any oral or documentary testimony submitted at the
public hearing, 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
ADDING CHAPTER 17.79 (CITY PROJECTS) OF ARTICLE VII (DEVELOPMENT
APPLICATION AND REVIEW); AND AMENDING CHAPTER 17.96 (DEFINITIONS) OF
ARTICLE VIII (ADMINISTRATION) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO DELINEATE THE PLANNING COMMISSION'S ROLE
AS ADVISORY TO THE CITY COUNCIL FOR CITY PROJECTS INVOLVING
DISCRETIONARY DEVELOPMENT APPLICATIONS AND ASSOCIATED UPDATES FOR
CONSISTENCY WITH NEW CODE PROVISIONS (CASE NO. PLCA2022-0003)" in the
form attached to this Resolution As Exhibit "A".
P C Resolution No.2022-14
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PASSED, APPROVED, AND ADOPTED this 27rd day of September, 2022.
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI,
SANTAROSA, VICE-CHAIR CHURA, AND CHAIR HAMILL
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Julie HI i ,
Chair
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
P.0 Resolution No 2022-14
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EXHIBIT "A"
DRAFT ORDINANCE NO.
P C. Resolution No 2022-14
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADDING CHAPTER 17.79 (CITY PROJECTS) OF ARTICLE VII
(DEVELOPMENT APPLICATION AND REVIEW); AND AMENDING
CHAPTER 17.96 (DEFINITIONS) OF ARTICLE VIII
(ADMINISTRATION) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO DELINEATE THE
PLANNING COMMISSION'S ROLE AS ADVISORY TO THE CITY
COUNCIL FOR CITY PROJECTS INVOLVING DISCRETIONARY
DEVELOPMENT APPLICATIONS AND ASSOCIATED UPDATES
FOR CONSISTENCY WITH NEW CODE PROVISIONS (CASE NO.
PLCA2022-0003)
WHEREAS, on March 1, 2022, the City Council initiated code amendment
proceedings that included code amendments to Title 17 (Zoning Code) of the Rancho
Palos Verdes Municipal Code (RPVMC) to delineate the Planning Commission's role as
advisory to the City Council for City projects involving discretionary development
applications including, but not limited to, conditional use permits, variances, and grading
permits; and
WHEREAS, the City Council finds that this amendment to the RPVMC will ensure
that City projects will have City Council input; and
WHEREAS, on August 4, 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be considered by the Planning Commission on August 23, 2022, pursuant
to the requirements of the RPVMC, which public hearing was cancelled; and
WHEREAS, on September 12, 2022, a public notice was published in the Daily
Breeze and sent out to interested parties, announcing code amendment proceedings to
be considered by the Planning Commission on September 27, 2022, pursuant to the
requirements of the RPVMC; and
WHEREAS, on September 27, 2022, the Planning Commission conducted the
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence on the proposed code amendments; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2022- , written staff
reports, and any testimony provided at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct and are
incorporated herein by reference.
P C. Resolution No.2022-14
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Section 2: Chapter 17.79 (City Projects) of Article VII (Development Application
and Review) of Title 17 (Zoning) is added to read:
"Chapter 17.79 — City Projects
17.79.010 — Purpose.
Notwithstanding anything to the contrary anywhere in this code, this chapter
establishes the Planning Commissions role as an advisory body for all City projects that
require discretionary review.
17.79.020 — Procedure
All City projects that require discretionary review and approval shall be heard by
the City Council as the final approving authority, with the Planning Commission acting as
an advisory body. In all other respects, City projects shall be subject to the provisions of
this code."
Section 3: The following definitions are added to Chapter 17.96 (Definitions) of
Article VIII (Administration) of Title 17 (Zoning):
17.96.394 City Projects. "City projects" means any new construction, renovation, repair
and/or maintenance of a building and/or property owned, leased, or occupied by the City
of Rancho Palos Verdes.
17.96.672 Facility. "Facility" means something that is built, installed, or established to
serve a particular purpose.
17.96.788 Governmental facility. "Governmental facility" means any public facility owned
or used and operated for governmental purposes by the city, the county, the state, and
the government of the United States of America, and any special district or other local
agency. Governmental facilities include City Projects.
Section 4. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
Section 5. Severability. If any section, subsection, subdivision, 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
P.0 Resolution No 2022-14
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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 6. 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 7. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this day of _ ,
2022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, 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 , 2022, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on , 2022, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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