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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: MAY 20, 2003
SUBJECT: ZON2003-00134 (CODE AMENDMENT) – A CITY INITIATED CODE AMENDMENT REVISING SECTIONS 17.02.030 AND 17.02.040 (RESIDENTIAL DEVELOPMENT STANDARDS) OF TITLE 17 OF THE MUNICIPAL CODE.
Staff Coordinator: Ara Michael Mihranian, Senior Planner
Adopt Ordinance No. 389, to enact amendments to Sections 17.02.030 and 17.02.040 (Residential Development Standards) of Title 17 of the City’s Municipal Code with respect to the Neighborhood Compatibility and Roof Deck requirements.
On May 6, 2003 the City Council introduced Ordinance No. 389, amending Sections 17.02.030 and 17.02.040 of the Development Code as it pertains to the Neighborhood Compatibility and Roof Deck requirements. The City Council approved the amended language and conducted the first reading of Ordinance No. 389 at the May 6th meeting.
If the second reading of Ordinance No. 389 is adopted by the City Council at its May 20th meeting, the effective date of the Ordinance will be June 19, 2003, which is thirty (30) days from the adoption date. Residential development projects that have been submitted, but not deemed complete for processing by the June 19th effective date, will have to comply with the new Code requirements. At the time this Staff Report was written, there were approximately 40 development applications that had been submitted and not deemed complete. If these applications are not deemed complete by June 19th, they will be subject to the new Code requirement. Projects that are deemed complete for processing prior to June 19th will be processed under the old regulations.
Staff recommends that the City Council adopt Ordinance No. 389 to enact the respective amended language.
Joel Rojas, aicp
Ordinance No. 389
ORDINANCE NO. 389
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.02 (SINGLE-FAMILY RESIDENTIAL DISTRICTS) OF TITLE 17 OF THE CITY’S MUNICIPAL CODE TO MODIFY THE NEIGHBORHOOD COMPATIBILITY AND THE ROOF DECK REQUIREMENTS FOR CITYWIDE RESIDENTIAL ZONED NEIGHBORHOODS.
WHEREAS, on December 4, 2001, the City Council established a Neighborhood Compatibility Steering Committee (referred herein as "Committee") assigned with the task of reviewing the City’s current Neighborhood Compatibility requirements and create a publication that conveys the process and procedures to the general public; and,
WHEREAS, between February 15, 2002, and December 6, 2002, the Committee convened, during which time improvements to the City’s Neighborhood Compatibility requirements were considered and a new Neighborhood Compatibility Handbook was prepared; and,
WHEREAS, on February 8, 2003, the Committee presented its recommended changes to the City Council and the Planning Commission at a Joint Workshop; and,
WHEREAS, at the February 8, 2003 Joint Workshop, the City Council and Planning Commission reviewed the Committee’s recommendations and accepted the proposed changes with slight modifications and directed Staff to initiate the necessary code amendment proceedings; and,
WHEREAS, on March 22, 2003, a notice was published in the Palos Verdes Peninsula News; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on April 8, 2003, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 17 as set forth in the Planning Commission Staff Report of that date; and,
WHEREAS, the Planning Commission reviewed and considered the proposed code amendments to Title 17 and adopted P.C. Resolution No. 2003-14 forwarding its recommendations to the City Council for its consideration; and,
WHEREAS, on April 17, 2003, a notice of a public hearing on this code amendment was published in the Palos Verdes Peninsula News; and
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on May 6, 2003, at which time all interested parties were given the opportunity to be heard and present evidence:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to Chapter 17.02 of Title 17 of the Municipal Code.
Section 2: The City Council finds that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendments are clarifications and minor non-substantive revisions to the Development Code. An Addendum (No. 7) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit ‘A’. The City Council hereby finds, based on its own independent review, that the facts stated in the Addendum are true because the minor revisions to the Development Code will strengthen the Code and lessen potential environmental impacts of future development in the City.
Section 3: The City Council finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area.
Section 4: Paragraphs B and D of Section 17.02.030 of Title 17 are hereby amended to read as follows:
17.02.30 Development standards.
B. Neighborhood Compatibility.
1. The following residential development projects shall be compatible with the character of the immediate neighborhood:
2. As defined in Section 17.02.040(A)(6) of this chapter, neighborhood character means the existing characteristics in terms of the following:
Section 5: Paragraph A of Section 17.02.040 of Chapter 17.02 of Title 17 is hereby amended read as follows:
6. "Neighborhood character" means the existing characteristics in terms of the following:
Section 6: The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17, as they existed prior to the effective date of this ordinance.
Section 7: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all development applications submitted after the effective date of the adoption of said ordinance and to all development applications that have not been deemed complete prior to the effective date of the adoption of said ordinance.
Section 8: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 20th day of May, 2003.
State of California )
I, JO PURCELL, 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. 389 passed first reading on May 6, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 20, 2003 and that the same was passed and adopted by the following roll call vote:
ADDENDUM NO. 7 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
May 20, 2003
On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found: 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments; 2) that many of the amendments were clarifications and minor non-substantive revisions; and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties and upon the environment.
The City Council is currently considering an amendment to Title 17 of the Development Code, as it pertains to the Neighborhood Compatibility and the Roof Deck requirements. The proposed amendments clarify the existing Code requirements and provide the decision makers, Staff and the public with clearer direction on how to process residential development applications. As such, the City Council has independently reviewed this item and determined that the proposed amendments will not result in any new significant environmental effects and will actually reduce impacts upon the environment. Furthermore, the City Council finds that the amendments are within the scope of EA/ND No. 694 that were prepared and adopted in conjunction with the amendments to Titles 16 and 17, that were adopted on April 19, 1997 by the City Council. As a result, no further environmental review is necessary other than the adoption of this Addendum No. 7.