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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)). 111 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 0 111 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