ORDINANCE NO. 462 ORDINANCE NO. 462 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 15.04 AND 15.20 OF TITLE 15 AND CHAPTERS 17.32, 17.56, 17.76 AND 17.96 OF TITLE 17 OF THE CITY’S MUNICIPAL CODE (CASE NO. ZON2004-00265) TO ESTABLISH REGULATIONS FOR THE USE OF CARGO CONTAINERS ON PUBLIC AND PRIVATE PROPERTY ORDINANCE NO. 403 ORDINANCE NO 462
ORDINANCE NO. 462

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 15.04 AND 15.20 OF TITLE 15 AND CHAPTERS 17.32, 17.56, 17.76 AND 17.96 OF TITLE 17 OF THE CITY’S MUNICIPAL CODE (CASE NO. ZON2004-00265) TO ESTABLISH REGULATIONS FOR THE USE OF CARGO CONTAINERS ON PUBLIC AND PRIVATE PROPERTY.

            WHEREAS, on June 1, 2004, after considering oral and written testimony, based on a Staff request, the City Council directed Staff to initiate a code amendment to regulate the use of cargo containers; and,

WHEREAS, on August 28, 2004 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 public hearings on September 14, 2004, November 9, 2004, January 11, 2005, February 8, 2005, April 12, 2005, June 28, 2005, August 9, 2005, and September 13, 2005, at which times 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, on September 13, 2005, the Planning Commission adopted P.C. Resolution No. 2005-42 recommending approval of the proposed amendments to Title 17 to the City Council; and,

            WHEREAS, subsequent to the Planning Commission’s action, the Director of Planning, Building and Code Enforcement and the Building Official identified further revisions to Title 17 that should also be made to implement this code amendment, and revised the proposed code language accordingly; and,

            WHEREAS, although the City Council was scheduled to consider the Planning Commission’s recommendation on February 7, 2006, the City Attorney opined that the matter should be remanded to the Planning Commission for review of the additional proposed revisions to Title 17; and,

            WHEREAS, on April 5, 2006, a public hearing notice was mailed to all parties who had previously expressed interested in this matter, and the same notice was published in the Palos Verdes Peninsula News on April 8, 2006; and,

            WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted additional public hearings on April 25, 2006, June 13, 2006, and July 25, 2006, at which times 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, on July 25, 2006, the Planning Commission adopted P.C. Resolution No. 2006-38 recommending approval of the proposed amendments to Title 17 to the City Council; and,

WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council conducted a public hearing on August 15, 2006, October 3, 2006, November 7, 2006, December 5, 2006, January 16, 2007, March 6, 2007, and August 7, 2006, at which times all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Titles 15 and 17.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1:     The City Council has reviewed and considered the amendments to Titles 15 and 17 of the Municipal Code.

Section 2:     The City Council finds that the amendments to Titles 15 and 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures.

Section 3:     The City Council finds that the amendments to Titles 15 and 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they preserve and enhance the community's quality living environment, and enhance the visual character and physical quality of existing neighborhoods.  By providing regulations for the use of cargo containers the City is able to protect against significant adverse affect to the visual characteristics created by cargo containers.

Section 4:     The City Council finds, based upon its own independent review, that there is no substantial evidence that the amendments to Titles 15 and 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 provide regulations that would reduce impacts to properties within the City and the environment by protecting the aesthetic quality of the area.  An Addendum (No. 14) 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 judgment, that the facts stated in the Addendum are true because the revisions to the Development Code will strengthen the Code with no potential environmental impacts.

Section 5:     The City Council finds that the amendments to Titles 15 and 17 are necessary to preserve the public health, safety, and general welfare in the area, while balancing property rights.  In particular, the City Council finds that allowing the use of cargo containers for storage on developed lots within the most actively and continuously moving portion of the Portuguese Bend landslide is warranted given that the nearly continuous land movement in this area limits property owners’ ability to expand or modify existing residences to accommodate additional storage, and the self-contained nature of cargo containers makes them uniquely suited to this purpose in this area of the City.

            Section 6:     Section 15.04.080 of Title 15 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

Section 15.04.080 Building Code amended—Cargo containers

Notwithstanding the provisions of Section 15.04.010 of this chapter, a “cargo container” as defined in Section 17.96.345 of the Municipal Code is not a structure for the purposes of the Building Code and, therefore, does not require a building permit.

            Section 7:     Paragraph I of Section 15.20.040 of Title 15 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

I.    Construction or installation of temporary minor nonresidential structures which are less no more than one three hundred twenty square feet in size, with no plumbing fixtures and which do not increase water use, may be approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the installation of plumbing fixtures.  All permits shall include a requirement that a use restriction covenant, in a form acceptable to the city which prevents the structure from being used for any purpose other than a nonhabitable use, is recorded with the Los Angeles County registrar-recorder.  A minor nonresidential structure is defined as temporary if the Building Code does not require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not be erected upon or attached to such a foundation.  Prior to approval of the application, the applicant shall submit to the director any geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation;

Section 8:     Section 17.96.345 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

Section 17.96.345 Cargo Containers

A “Cargo Container” means a pre-manufactured metal shipping container that was originally designed and fabricated to transport items from one location to another and that is delivered to a site as a fully assembled unit.  The term “Cargo Container” shall not include a storage shed that is assembled at the site.

            Section 9:     Section 17.76.180 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

Section 17.76.180 Cargo Containers

Cargo containers shall not be stored, maintained, or otherwise kept on any property within the City except as follows:

A.  Temporary Construction Storage – One or more cargo containers may be used for temporary storage in conjunction with construction allowed through an active building permit, in accordance with the provisions set forth in Section 17.56.020(E) of this Municipal Code.  The time period for which a cargo container may be used for temporary construction storage under this subsection is limited to the time when the building permit is active, as determined by the City’s Building Official.

B.  Temporary Emergency Storage – In the event that a structure in any zoning district becomes uninhabitable due to an involuntary act, or due to a voluntary act against the structure(s), which is not the fault of the property owner or lessee, one or more cargo containers may be used for temporary storage of household materials until said structure is repaired or reconstructed, but for no more than 180 days unless additional time is approved by the Director of Planning, Building, and Code Enforcement.  After 180 days, the location of the cargo container is subject to the review and approval of the Director of Planning, Building, and Code Enforcement and the Building Official.

C.  City-Owned Property and City Uses – For City owned property and City uses (regardless of the underlying zoning district), one or more cargo containers for storage use may be permitted with approval of the City Manager.  The number of cargo containers allowed and the time period for which a cargo container may be used under this subsection shall be established by the City Manager.

D.  Residential Zones – The use of cargo containers as integral structural elements of a residence utilizing a conventional foundation system may be permitted, provided that all applicable Zoning and Building Code requirements are satisfied.

E.  Portuguese Bend Landslide Area – For parcels within the most continuously and actively moving portion of the Landslide Moratorium area, identified as “Portuguese Bend landslide” on Exhibit ‘A’ of Ordinance No. 349U as adopted on June 1, 1999, and that have a primary street of access from one of the following streets – Cherry Hill Lane, Kumquat Lane, Limetree Lane, Peppertree Drive, Pomegranate Road, Roseapple Road and Tangerine Road – the use of one cargo container per developed parcel for storage may be permitted through a special use permit application after 15-day notice is provided to adjacent property owners, provided the cargo container is substantially screened from view from any other private property, public right of way, or street easement, subject to the review and approval of the Director of Planning, Building, and Code Enforcement.  The applicant shall construct a silhouette of the proposed cargo container to demonstrate to the Director that this provision will be satisfied.  The cargo container shall also be modified as determined necessary by the Director so as to mimic the appearance of a residential accessory structure, including but not limited to application of siding and false roof elements.  The enclosed area of the cargo container shall not count as additional structure size for the purposes of Section 15.20.040.H of the Municipal Code.

F.   Landslide Moratorium Area – One or more cargo containers may be used as a specialized foundation for a structure located in the areas identified as “Portuguese Bend landslide” and “Abalone Cove landslide” as depicted on Exhibit ’A’ of Ordinance No. 349U as adopted on June 1, 1999, but only if such use has been approved by the Building Official, pursuant to Section 15.04.060 of the Municipal Code.

G.  Development standards – The following development standards shall apply to all cargo containers:

1.   Unless incorporated into the design of a residence that meets all the applicable zoning and building code regulations pursuant to subsection E above:

  1. Cargo containers shall not be used for human habitation.
  2. Cargo containers shall not have any factory-built or field applied plumbing, heating, or air conditioning systems.
  3. Cargo containers shall not be stacked on top of each other or on any structure.

2.   Except for temporary construction storage or temporary emergency storage, a scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed cargo container(s) shall be submitted.  Additionally, the site plan shall show all slopes on the lot, as well as all slopes adjacent to the subject site.

3.   Except as otherwise permitted pursuant to subsection E above, Cargo Containers shall be setback a minimum 5’ from any property line and a minimum 10’ from any structure.

4.   Cargo Containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways or any area designated or used for emergency access.

5.   Refuse and/or debris shall not be stored in, against, on, or under the cargo container.

6.   The cargo containers shall be constructed of metal, except for a wood floor within the metal shell.  Structural plans and calculations are not required.

7.   The keeping of animals in cargo containers is not permitted at any time.

8.   Cargo containers shall not be placed on extreme slopes (i.e., 35-percent steepness or greater)

9.   Each cargo container permitted pursuant to this section shall be painted an earth-tone color that is approved by the Director of Planning, Building, and Code Enforcement.  No cargo container may contain any names, logos, or other markings painted on, or otherwise attached to, the exterior of the container.

  1. Any permitted cargo container shall not exceed a height of 8’-6”, a width of 8’, and a length of 40’.

H.  Amortization – All cargo containers existing in the City as of the effective date of this Ordinance (September 21, 2007) shall conform to the requirements of this paragraph H.

1.   Cargo containers for which prior approval was granted by the city or another agency with jurisdiction over permit issuance shall be allowed to remain, subject to continued compliance with their original conditions of approval, if any.

2.   Cargo containers that have been installed without prior approval of the City shall be allowed to remain for one year after which they shall be brought into conformance with the requirements of this chapter or removed within ninety (90) days of the date written notice is mailed to the property owner.  Penalty fees are waived for all applications submitted within this period.

Section 10:   Paragraph E of Section 17.56.020 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

  1. Cargo containers.  Cargo containers may be used for temporary storage in conjunction with construction allowed through an active building permit, provided the City’s Building Official determines that the active building permit warrants the use of a cargo container for temporary storage and is needed to facilitate construction.  For purposes of this section, an active building permit shall mean a building permit that has not expired, has not been revoked, has not been finaled.  In the event that an active building permit , any cargo containers used for temporary storage shall be removed from the property within ten calendar days of said expiration, revocation, or finalization.  The number and location of cargo containers on construction sites shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners.

Section 11:   Section 17.32.030 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language):

Land in open space hazard districts may be used for the following; provided, that the applicable natural overlay control district (OC-1) performance criteria established in Chapter 17.40 (Overlay Control Districts) is satisfied:

  1. Outdoor passive recreation uses, such as parks, trails and other suitable facilities;

B.  The preservation of areas of outstanding scenic, geologic, historic or cultural value;

C.  The preservation of natural resources, including, but not limited to, plant and animal life;

D.  The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions;

  1. The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas;

F.   Single-family residential structures existing on June 26, 1975. Such structures may be replaced, repaired, restored or moved to a more suitable and stable location in accordance with the provisions of Municipal Code Section 15.20.040(B), (Moratorium on Land Use Permits), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard. The applicant shall comply with any conditions of approval, including, but not limited to, the abatement measures listed in Section 15.20.050 (Moratorium on Land Use Permits) determined to be applicable by the city’s geotechnical staff;

G.  Remedial grading and grading, as per Section 17.76.040 (Grading permit);

  1. Temporary special uses and developments, if a special use permit is first obtained, pursuant to Chapter 17.62 (Special Use Permits);
  1. Commercial filming or photography, if a city film permit is first obtained, pursuant to Municipal Code Chapter 9.16 (Still Photography, Motion Picture and Television Productions);
  2. The growing of crops and/or fruits on one acre or less for noncommercial purposes; and

K.  The use of a cargo container for storage on a developed lot, as per Section 17.76.180 (Cargo containers); and,

K.L.Other uses as provided in any applicable overlay or special districts.
Section 12:   The rights given by any approval granted under the terms of Titles 15 and 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said ordinance shall not be affected by the amendments to Titles 15 and 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 Titles 15 and 17 as they existed prior to the effective date of this ordinance.

            Section 13:   The amendments to Titles 15 and 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 decided upon prior to the effective date of the adoption of said ordinance.

            Section 14:   For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby adopts the foregoing amendments to Titles 15 and 17 of the Municipal Code.

            Section 15:   Severability.  If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance.  The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

            Section 16:   The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code.  The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

            Section 17:   This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the thirty-first (31st) day after its passage.


PASSED, APPROVED, and ADOPTED this 21st day of August 2007.

    /s/ Thomas D. Long
    Mayor

Attest:

/s/ Carla Morreale
      City Clerk

State of California                             )
County of Los Angeles                     )  ss
City of Rancho Palos Verdes          )

            I, Carla Morreale, 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. 462 passed first reading on August 7, 2007, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 21, 2007, and that the same was passed and adopted by the following roll call vote:

AYES:             Clark, Gardiner, Stern, Wolowicz and Mayor Long
NOES:            None
ABSENT:       None
ABSTAIN:      None
                                                                                                                                                                                                                                                                  _____________________
                                                                                                                   City Clerk