PC RES 2005-042 P.C. RESOLUTION NO. 2005-42
RESOLUTION F THE PLANNING COMMISSIONF THE CITY OF
RANCHOPALPALOS V RDES RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF AN ORDINANCE TO AMEND TITLE 17 OF THE
CITY'S MUNICIPAL CODE TO ESTABLISH E UL TI FOR THE
USE OF CARGO CONTAINERS ON PRIVATE E TY.
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 Nevus; 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
amendments to Title 17 of the Municipal Code.
Section : The Planning Commission finds that the amendments to Title 17 of
the Municipal Code are consistent with California Government Code Section 65853,
zoning amendment procedures.
Section : The Planning Commission finds that the amendments to Title 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.
Section 4: The Planning Commission finds that due to the City's Landslide
Moratorium Ordinance, the need for permanent storage, the larger size of the lots, and
the extensive mature foliage in the area, which will assist in the screening of the cargo
containers from adjoining properties, there is a unique circumstance in the Portuguese
Bend area that warrants a separate regulation for the use of cargo containers as
permanent storage on lots that are developed with a single family residence in this area.
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Section 5: The Planning Commission finds that due to the City's Landslide
Moratorium Ordinance, the need for permanent storage, and the unique circumstance
that exists in the Portuguese Bend area that the Building Code and Landslide
Moratorium Ordinance should be amended to accommodate the use of Cargo
Containers in the Portuguese Bend area. As such, the Planning Commission
recommends that the City Council amend the Building Code to allow cargo containers in
the Portuguese Bend area without a permanent foundation.
Section 6: The Planning Commission further finds that there is no substantial
evidence thattheamendments 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 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. 12) to the prior Negative
Declaration has been prepared and is attached hereto as Exhibit "A". The Planning
Commission 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 7: The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area,
while balancing property rights.
Section 8: Section 17.96.345 of Title 17 is hereby established to read as
follows (the underlined text represents new language and the striketh——.1'. text
represents deleted language):
Section 17.96.345 Cargo Containers
A "Carpo Container"means a pre-manufactured structure, of metal construction, that
is delivered to a site as a fully contained unit. This shall include a container that is
designed as a shipping container and used for portable storage; but shall exclude
storage sheds that are assembled at the site. A cargo container, as defined herein,
shall be considered a structure for purposes of the Uniform Building Code.
Section 9: Section 17.76.170 of Title 17 is hereby established to read as
follows (the underlined text represents new language and the strikethr-e ervh text
represents deleted language):
Section 17.76.170 Cargo Containers
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Cargo containers shall not be stored, maintained, or otherwise kept on any proroperty
within the City except as follows:
A. Short Term Uses: The following short term uses of carpo containers may be
permitted:
1. Temporary storage — One (1) cargo container may be used for temporary
storage in any zoning district, provided that approval of a Special Use
Permit is obtained, pursuant to Chapter 17.62 of the Municipal Code, and
the cargo container does not exceed a height of 8'6", a width of 8, and a
length of 40' The time period for which a cargo container maybe used for
temporary storage under this subsection shall be established throehc�the
Special Use Permit, but in no case shall exceed 12 months in a 3 year
period.
2. 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 carpo 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.
3. 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 carpo containers may be used for
temporpa 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.
Nevertheless, in no case shall the temporary emergency storage exceed
12 months. The location of the cargo container is subiect to the review
and approval of the Director of Planning, Building, and Code Enforcement
and the Building Official.
B. Long Term Uses: The following long term uses of cargo containers may be
permitted, provided that no one cargo container exceeds a height of 8'-6'; a width
of 8, and a length of 40' Additionally, each cargo container shall be painted an
earth tone color that is approved by the Director of Planninq, Buildinq, and Code
Enforcement and shall not contain any names, logos, or other markings painted
on, or otherwise attached to, the exterior of the container. A building permit shall
be obtained for the long term use of a cargo container.
1. City Uses — For City owned property (regardless of the underlying zoning
district), one or more cargo containers for long-term storage use may be
permitted with approval of the City Manager: The number of cargo
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containers allowed and the time period for which a cargo container may be
used under this subsection shall be established by the City Manager.
C. Portuguese Bend Area Uses — For developed lots within the Landslide
Moratorium area that have a primary street of access from one of the following
streets — Cherry Hill Lane (north of Palos Verdes Drive South), Cinnamon Lane,
Clove Tree Place, F40tree Road, Fruit Tree Road, Ginger Root Lane, Kumquat
Lane, Limetree Lane, Narcissa Drive, Peppertree Drive, Plumtree Road,
Pomegranate Road, Roseapple Road, Sweetbay Road, Tangerine Road, Thyme
Place, Vanderlip Road, cargo containers may be used for the following uses,
subject to all applicable provisions of Chapter 15.20 of the Municipal Code
(Moratorium on Land Use Permits):
1. Long Term Storage — The use of a cargo container for long term storage
may be permitted, provided the carpo container is substantially screened
from view from any other private property, public right of way, or street
easement, subiect 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.
2. Alternate Building Foundation — One or more cargo containers may be
used as an alternative foundation for a structure located in the "active
landslide"section of the Portuguese Bend Area, but only if such use has
been approved by the Building Official, pursuant to Section 15.04.060 of
.the Municipal Code.
3. Equestrian Facility— One or more cargo containers can be used for long-
term storage of tack and supplies in connection with an equestrian facility
within the Equestrian Q Overlay District, provided that the carpo
containers are approved in conjunction with a Large Domestic Animal
Permit or a Conditional Large Domestic Animal Permit, pursuant to
Chapter 17.46 of the Municipal Code.
Section 10: Section 17.62.020 of Title 17 is hereby amended to read as follows
(the underlined text represents new language and the st-il14,Faugh text represents
deleted language):
Section 17.62.020 Uses and developments permitted with special use permits
The following uses and developments shall not be initiated or constructed unless a
special use permit for said use or development has been issued by the director:
A. Temporary uses of land involving the erection of temporary structures such as
fences, booths, tents or the parking of trailers, for such activities as carnivals,
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circuses, fairs, festivals, nonprofit fund-raising events, charitable events or
religious meetings;
B. Temporary outdoor displays for the sale of Christmas trees, Halloween
pumpkins, art objects or other items, other than special sales allowed with a
temporary vendor permit pursuant to this chapter;
C. Recycling centers, as defined in Chapter 17.96 (Definitions) of this title, in zoning
districts in which they are permitted by this title;aqd
D. Carpo containers for use as tempora storage, pursuant to the requirements of
Municipal Code Section 17.76.170(.4); and,
aE. Any other similar activity conducted for a temporary period either outdoors,
within temporary structures or within single-family residential zoning districts
which, as determined by the director, has the potential to result in an adverse
effect on surrounding properties
Section 11® Paragraph E of Section 17.56.020 of Title 17 is hereby established
to read as follows (the underlined text represents neve language and the n+rilsn+hrn„n�,
text represents deleted language);
B. Cargo containers. Cargo containers may be used in any zone for temporary
storage in conjunction with construction allowed through an active building
permit, provided that the City's Building Official determines that the active
building permit warrants the use-of a carpo 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, and has not been finaled. In the event that an active building permit is
finaled, revoked, or expired, any carpo containers used for temporary storage
shall be removed from the property within ten (10) 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 12: 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 the
adoption of said 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 13: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
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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
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending Title 17 of the City's Municipal Code to
regulate the use of Cargo Containers on Private property.
PASSED, APPROVED, AND ADOPTED this 13th day of September 2005, by the
following vote:
AYES: GERSTNER, GOLIDA, KARP, MUELLER, PERESTAM, TETREAULT
NOES: NONE
ABSTENTION: NONE
ABSENT: KNIGHT
0aul"t—etreault
Chairman
Joe
of s, AICD
Diroctor Of Plan ni4�, wilding
an&"oe Enforcement; and,
Secretary to the Planning Commission
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ADDENDUM NO. 12 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EAIND) NO. 694
SEPTEMBER 1 , 2005
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 Planning Commission is currently reviewing amendments to Title 17 of the
Development Code that would establish regulations regarding the use of cargo
containers on private property. The proposed amendments are intended to reduce
impacts to properties within the City and the environment by protecting the aesthetic
quality of the area. As such, the Planning Commission has independently reviewed this
item and determined that the proposed amendments will not result in any new
significant environmental effects. Furthermore, the Planning Commission recommends
that the City Council find the amendments to be within the scope of EA/ND No. 694 that
were prepared and adopted in conjunction with the amendments to Titles 16 and 17,
which were adopted on April 19, 1997 by the City Council. As a result, the Planning
Commission recommends to the City Council that no further environmental review is
necessary other than the City Council's adoption of this Addendum No. 12.
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