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PC RES 2024-019 P.C. RESOLUTION NO. 2024-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL AMEND THE RANCHO PALOS VERDES MUNICIPAL CODE TITLE 17 (ZONING) TO PROHIBIT CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE PROJECTS AT THE SAME LOCATION, AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, permit streamlining regulations in the State of California have strict review deadlines for deeming an application incomplete or complete and for taking action on an application; and WHEREAS, the Rancho Palos Verdes Municipal Code Section 17.78.030 specifies the process for concurrent review and consideration for a project where multiple applications for a single development project are submitted; and WHEREAS, the Rancho Palos Verdes Municipal Code and State permitting regulations are silent regarding submittal of applications for multiple mutually exclusive projects at the same location; and WHEREAS, due to the tight review requirements of the State's permit streamlining act in reviewing land use approvals, if an applicant submits simultaneous or concurrent preliminary applications and/or development applications projects on the same property or portion of a property that are mutually exclusive, this may cause confusion during the reviews and overburden Planning Division staff in having to review multiple proposals/projects for the same site within the strict timelines of the Permit Streamlining Act; and WHEREAS, on April 16, 2024 the City Council adopted the Revised Final 2021-2029 Housing Element and implementation measures, including 31 potential housing sites in the housing sites inventory to accommodate the City's Regional Housing Needs Allocation; and WHEREAS, the rezoning to effectuate the Housing Element has been adopted so that preliminary applications and/or applications for development projects may be considered for these sites to develop housing and it is critical to ensure that the application process is well-defined; and WHEREAS, on May 21, 2024 the City Council initiated code amendment proceedings to Chapter 17.78.030 (Consideration of Multiple Applications) of the Rancho Palos Verdes Municipal Code to prohibit preliminary applications and/or applications for mutually exclusive projects at the same location; and WHEREAS, on May 23, 2024, a public notice was published in the Palos Verdes Peninsula P.C. Resolution No. 2024-19 Page 1 of 3 News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments to Chapter 17.78.030 (Consideration of Multiple Applications) of Title 17 (Zoning) of the RPVMC; and WHEREAS, on June 11, 2024, 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 DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Recitals. The Planning Commission finds the above recitals are true and correct and are incorporated herein by reference. Section 2: CEQA Compliance. The Planning Commission finds that the code amendments described below are not a "project" as that term is defined by California Environmental Quality Act ("CEQA") Guidelines as this ordinance constitutes general policy and procedure making (14 CCR §§ 15060 (c)(3), 15378 ); alternatively, the code amendments are exempt from CEQA'S requirements because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 CCR § 15061 (b)(3)). . Section 3: The Planning Commission recommends the City Council adopt the amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code Section 17.78.030(A) as follows (Note: Additions are noted as underlined): 17.78.030 Consideration of multiple applications. A. When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section. B. Notwithstanding subsection A, above, an applicant or applicants shall not submit concurrent or simultaneous preliminary applications, pursuant to Government Code Section 65913.4, as may be amended, or concurrent or simultaneous applications for development projects, for the same property or portion of a property, which are mutually exclusive, where development of one project pursuant to an application will foreclose development of another project at the same or overlapping location pursuant to a separate application. Section 4: The Code Amendment is consistent with the goals, policies, and objectives of the General Plan because the Code Amendment is in the public interest because it will eliminate confusion during reviews and reduce the burden on Planning Division staff in having to review P.C. Resolution No. 2024-19 Page 2 of 3 multiple and duplicative proposals/projects for the same site with an expedited 30 day completeness review deadline. FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action and recommendations of the Planning Commission. PASSED, APPROVED, AND ADOPTED this 11 'day of June, 2024 by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI, VICE- CHAIR SANTAROSA, & CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Prrf , 'on Santarosa, Vice-Chair Bra y)Wbes, Director if Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2024-19 Page 3 of 3