CC SR 20221018 01 - City Projects Code Amendment Zoning
PUBLIC HEARING
Date: October 18, 2022
Subject:
Consideration and possible action to adopt code amendments 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 designated the
Planning Commission’s role as advisory to the City Council for City projects and associated updates for
consistency with new code provisions (Case No. PLCA2022-0003).
Recommendation:
Introduce 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 DESIGNATING 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).
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Bradley
3. Request for Staff Report: Mayor Bradley
4. Staff Report & Recommendation: Steven Giang, Associate Planner
5. Council Questions of Staff (factual and without bias):
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 Bradley
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.
CITYOF RANCHO PALOS VERDES
CITY COUNCIL MEETING DATE: 10/18/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to adopt code amendments 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 designated the Planning Commission’s role as advisory to the
City Council for City projects and associated updates for consistency with new code
provisions (Case No. PLCA2022-0003).
RECOMMENDED COUNCIL ACTION:
(1) Introduce 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
DESIGNATING 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).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Steven Giang, Associate Planner
Octavio Silva, Deputy Director of Community Development
REVIEWED BY: Ken Rukavina, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___(page A-1)
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RANCHO PALOS VERDES
BACKGROUND:
Title 17 (Zoning Code) of the Rancho Palos Verdes Municipal Code (RPVMC) establishes
code provisions regulating how land in the City may be used and developed. The City’s
Zoning Code is also intended to be a user-friendly, fluid document that is updated
periodically to reflect current laws and trends in the community, and to reflect the vision
and policies of the General Plan. The City’s seven-member Planning Commission plays
an important role in the implementation of the City’s Zoning Code through its
consideration of private discretionary development applications such as, but not limited
to, subdivision maps, variances, conditional use permits, and view restoration permits.
On March 1, 2022, the City Council initiated code amendment proceedings to update the
RPVMC to designate the Planning Commission’s role as advisory to the City Council for
City projects (i.e. park projects, civic center, etc.) involving discretionary development
applications.
On September 27, 2022, the Planning Commission adopted P.C. Resolution No. 2022-
14, which added a new chapter and definitions within the RPVMC to clarify th e Planning
Commission’s role in reviewing City-owned projects that require discretionary review and
a public hearing.
On September 29, 2022, a public notice announcing the City Council’s consideration of
the proposed code amendments on October 18, 2022, was published in the Peninsula
News. Staff has not received any public comments as of the preparation of this report.
DISCUSSION:
As a local governmental agency, the City of Rancho Palos Verdes provides a wide range
of services to area residents, businesses and visitors including, but not limited to, the
repair, maintenance and construction of City-owned facilities such as trails, new parks
and community buildings. Currently, City projects that involve discretionary development
applications are solely reviewed by the City’s Planning Commission and only subject to
City Council consideration upon an appeal, as required in Section 17.80 (Hearing Notice
and Appeal Procedures) of the RPVMC.
As the construction of a new park and/or community building or civic center may be part
of a City Council-approved master plan, the proposed code amendments would provide
the City Council the opportunity to directly consider the merits of a development
application, review any proposed Conditions of Approval associated with the project, and
ultimately render a final decision on a City project, but still allow the Planning Commission
to continue considering development applications for City projects. Instead of issuing
approval, the Planning Commission would provide project recommendations to the City
Council similar to the manner in which zone change and General Plan amendment
applications are processed.
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As proposed, the code amendments would add a new chapter within the RPVMC that
designates the Planning Commission’s role as advisory to the City Council. In addition,
the proposed code amendments would update existing sections of the Zoning Code,
including definitions for consistency with the proposed code provisions. The new chapter
and associated updates are summarized below in italics, followed by a discussion of the
proposed clarifications. A copy of the draft ordinance, including proposed code
amendments, is attached to this report (Attachment A).
1. Add Chapter 17.79 (City Projects) and identify the purpose and procedure of the
code language.
Chapter 17.79 is proposed to be added in the Zoning Code to delineate the
Planning Commission’s role as advisory to the City Council for City projects.
Development projects for other governmental agencies would continue to be
reviewed for discretionary approval, if required, as outlined in the provisions of the
RPVMC.
2. The following definitions are proposed to be added to Chapter 17.96 (Definitions)
of the Zoning Code:
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 e stablished 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.
The proposed amendments are consistent with the Rancho Palos Verdes General Plan
and Coastal Specific Plan in that the updates uphold, and do not hinder, the goals and
policies of those plans. More specifically, the proposed code amendments would
eliminate an inefficiency in processing development applications for City projects, as there
would be no requirement for an application to be appealed for the City Council to render
a final decision on the requested application. The proposed code amendments would
result in a more streamlined review process for City projects to better service the
community.
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If the City Council considers introducing the proposed ordinance outlined in this report,
the second reading of the ordinance is tentatively scheduled for City Council
consideration on November 1, 2022. The ordinance would go into effect 30 days after the
second reading.
ADDITIONAL INFORMATION:
Environmental Assessment
The proposed code amendments to Title 17 (Zoning) of the RPVMC are 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 constit utes
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.
CONCLUSION:
Staff recommends the City Council introduce Ordinance No.__, adding Chapter 17.79
(City Projects) and amending Chapter 17.96 (Definitions) to designate the Planning
Commission’s role as advisory to the City Council for City projects involving discretionary
development applications and associated updates for consist ency with new code
provisions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1) Continue the public hearing to the next available City Council meeting and direct
Staff to come back with modified code text for further consideration; or
2) Direct Staff to return to the next meeting with a resolution recommending the City
Council reject the proposed code amendments.
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Ordinance No. 2022-__
Page 1
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 DESIGNATING 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 designate 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 input and final approving authority by the City Council; 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 held a duly noticed
public hearing, and after considering information presented including public testimony,
adopted P.C. Resolution No. 2022-14, recommending that the City Council adopt an
ordinance and finding the code amendment exempt from CEQA pursuant to Section
15061(b)(3) 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. The proposed ordinance is an action that does not have
the potential to cause significant effects on the environment, but rather will clarify the
Planning Commission’s role as advisory to the City Council for City projects requiring
discretionary applications; and
WHEREAS, on September 29, 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 City Council on October 18, 2022, pursuant to the
requirements of the RPVMC; and
A-1
Ordinance No. 2022-__
Page 2
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2022-14, 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.
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 Commission’s role as an advisory body to the City Council 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 at a duly noticed public hearing as the final approving authority, with the
Planning Commission acting as an advisory body at a duly noticed public hearing. 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
A-2
Ordinance No. 2022-__
Page 3
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
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 he reof, 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.
A-3
Ordinance No. 2022-__
Page 4
PASSED, APPROVED and ADOPTED this 18th day of October, 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. ___ was introduced by the City Council of said City at a regular
meeting thereof held on October 18, 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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