ORD 683 ORDINANCE NO. 683
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING §17.78.030
(CONSIDERATION OF MULTIPLE APPLICATIONS) OF
CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO PROHIBIT THE SUBMITTAL OF CONCURRENT
OR SIMULTANEOUS PRELIMINARY APPLICATIONS
AND/OR DEVELOPMENT APPLICATIONS FOR
MUTUALLY EXCLUSIVE AND CONFLICTING PROJECTS
AT THE SAME LOCATION, AND DETERMINE THE CODE
AMENDMENT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-
0006)
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 that requires
multiple entitlements for a single development project; and
WHEREAS, the Rancho Palos Verdes Municipal Code and State permitting
regulations are silent regarding submittal of applications for multiple mutually exclusive
and conflicting 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 and conflict with each other, 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, the Housing Accountability Act and other laws regulating the timing and
scope of reviews; 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 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; and
WHEREAS, on June 11, 2024, the Planning Commission adopted P.C. Resolution
No. 2024-19 recommending that the City Council amend the RPVMC to prohibit
concurrent or simultaneous preliminary applications and/or development applications for
mutually exclusive projects at the same location, providing very specific clarifying
language, and determine the amendment is exempt from the California Environmental
Quality Act; and
WHEREAS, on June 13, 2024, a public notice was published in the Palos Verdes
Peninsula News informing the public of a public hearing by the City Council to consider
introduction of code amendments to Chapter 17.78.030 (Consideration of Multiple
Applications) of Title 17 (Zoning) of the RPVMC; and
WHEREAS, on July 2, 2024, the City Council 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 introduced Ordinance No. 683 that
included specific clarifying language as recommended by the Planning Commission.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated herein by this
reference.
Section 2. CEQA Compliance. 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)).
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01203.0005/990404.1 Ordinance No 683
Page 2 of 4
Section 3. Amendment to the Code. Title 17 (Zoning) of the Rancho Palos
Verdes Municipal Code Section 17.78.030 is hereby amended as follows (Note: Additions
are noted as underlined and renumbering the subsequent sections accordingly):
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 multiple preliminary applications, pursuant to Government Code
Section 65913.4, as may be amended, or multiple applications for
development projects, for the same property, , which conflict with one another,
such that the approval of one project would preclude the development of all or
part of the projects proposed in the other submitted preliminary applications or
applications.
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 multiple and duplicative proposals/projects for the same
site with an expedited 30-day completeness review deadline.
Section 5. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses, phrases,
parts or portions thereof be declared invalid or unconstitutional.
Section 6. Posting. The City Clerk shall certify the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted
in accordance with Government Code section 36933 as required by law.
Section 7. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of
the City of Rancho Palos Verdes, California on this 16th day of July, 2024.
01203.0005/990404 1 Ordinance No 683
Page 3 of 4
(; jJJ
John kshank, Mayor
Attest:
&Azad-,
eresa oka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
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. 683 was introduced by the City Council of said City at a regular meeting
thereof held on July 2, 2024, was duly and regularly adopted by City Council of said City
at a regular meeting thereof held on July 16, 2024, and that the same was passed and
adopted by the following roll call vote:
AYES: Alegria, Bradley, Ferraro, Seo and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: None
--- etiit-441---,,
resa kaoka, City Clerk
0
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01203.0005/990404.1 Ordinance No 683
Page 4 of 4
II
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on July 18, 2024, she caused to be posted the following document
entitled: ORDINANCE NO. 683, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030
(CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER
17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE
SUBMITTAL OF CONCURRENT OR SIMULTANEOUS
PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT
APPLICATIONS FOR MUTUALLY EXCLUSIVE AND CONFLICTING
PROJECTS AT THE SAME LOCATION, AND DETERMINE THE
CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-0006), a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Park
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting.
0-- J141-6;ty Clerk