CC SR 20221101 F - City Projects Code Amendment Zoning
CITY COUNCIL MEETING DATE: 11/01/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt Ordinance No. 666 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) Adopt Ordinance No. 666, 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).
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. 666 (page A-1)
To view the October 18, 2022, City Council staff report, click on the following link:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4243&meta_id=107613
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RANCHO PALOS VERDES
BACKGROUND AND DISCUSSION:
On October 18, 2022, Ordinance No. 666 (Attachment A) was presented to the City
Council and introduced for first reading. Ordinance No. 666 adds a new chapter within
the Rancho Palos Verdes Municipal Code (RPVMC) that designates the Planning
Commission’s role as advisory to the City Council for City initiated projects. In addition,
the proposed code amendments update existing sections of the Zoning Code, including
definitions, for consistency with the proposed code provisions.
This evening, Ordinance No. 666 is presented for its second reading and adoption. If
adopted, the ordinance will go into effect after 30 days from the date of adoption.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 666 for re-introduction and/or second
reading at a future City Council meeting.
2. Take other action, as deemed appropriate.
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Ordinance No. 666
Page 1
ORDINANCE NO. 666
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
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Ordinance No. 666
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
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Ordinance No. 666
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.
PASSED, APPROVED and ADOPTED this 1tst day of November, 2022.
______________________________
David L. Bradley, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
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Ordinance No. 666
Page 4
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. 666 passed first reading on October 18, 2022, was duly adopted b y the
City Council of said City at a regular meeting thereof held on November 1, 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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