2500 Planning - Development Applications After DenialTO:
FROM:
THRU:
SUBJECT:
DATE:
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 10-D
Mtg. Date: 08/24/15
HONORABLE MAYOR AND MEMBERS OF THE CITY✓�COUNCIL
YOLANTA SCHWARTZ, PLANNING DIRECTOR
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9
RAYMOND R. CRUZ, CITY MANAGER
REPORT REGARDING REPEAT DEVELOPMENT APPLICATIONS
AFTER DENIAL
AUGUST 24, 2015
RECOMMENDATION
Discuss and provide direction to staff if the zoning ordinance should be amended as to
the time frame within which an applicant should be able to re -apply for a discretionary
permit after the project was denied.
DISCUSSION
The City Council requested that staff provide information, and if agreed on, direct staff
to amend the current provision in the Zoning Ordinance pertaining to reapplication for
a discretionary permit after an application was denied.
Section 17.30.040 Time period for reapplication, of the Zoning Ordinance reads:
Whenever an application has been denied and the denial becomes final, no new
application for the same or similar request shall be accepted within one year of the denial date,
unless the City Manager, after consultation with the Planning Commission, finds that a
sufficient change in circumstances has occurred to warrant a new application.
Recently an application was resubmitted to the Planning Commission shortly after one
year of it being partially denied by both the Planning Commission and City Council.
This application came about as a result of a code enforcement action on that portion of
the original application that was denied. That particular project was approved the
second time around.
It is very rare that a project is denied. Before accepting an application, staff meets with
the applicants' agents to advise them of the requirements so that the application is
compliant with the City's requirements and development standards. Staff guides the
agents and discourages applications that require variances or otherwise don't meet the
spirit of City's ordinances. There are many instances, however, where the agents do not
follow staff's suggestions, expressing that they are following their clients' instructions
and desire for submittal.
Once the project is before the Planning Commission, the Planning Commission reviews
the project in detail and conducts a field visit; sometimes more than one. It is the
Planning Commissions practice to suggest modifications to projects rather than deny
them. In almost all cases where members of the Planning Commission suggest a change
to a project and provide the applicant an opportunity to make modifications, the
applicants either withdraw the project or revise it to meet the Planning Commission's
criteria for approval.
Staff queried the staff from three other cities on the Peninsula about their requirements
for re -application. All three cities have the same requirements as Rolling Hills for
resubmittal of applications that have been denied. The City of Rancho Palos Verdes
goes further by allowing land use applications that have been denied without prejudice
on appeal to be re -filed at any time.
CONCLUSION
Zoning Code Amendment requires at least one public hearing before the Planning
Commission and two public hearings before the City Council. Normally, the Planning
Commission holds at least one public discussion meetings prior to a public hearing.
They then hold another hearing to adopt a resolution recommending the amendment to
the City Council. This is to allow for public outreach and public input. The zoning code
amendment public hearings, both before the Planning Commission and City Council,
must be noticed in the local newspaper.
There are several provisions in the Zoning Ordinance that staff would like to take to the
Planning Commission for clarification and amendment in the near future. Should the
City Council direct staff to amend the provision in Section 17.30.040 Time period for
reapplication, staff would respectfully request that this be done at the same time as the
future amendments to the Zoning Ordinance are made.
Should the direction from the City Council be to amend this provision; what should the
time frame for re -filing be?