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PC RES 2006-038 P.C. RESOLUTION NO. 2006-38 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDESE E I TO THE CITY COUNCIL THE PTI F AN ORDINANCETO AMENDTITLE 17 OF THE CITY'S MUNICIPAL CODE TO ESTABLISHE L Tl FOR THE USE OF CARGO CONTAINERSPUBLIC 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 Nears; 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 a public hearing 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. 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 2: 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 3: 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 further 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 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. 13) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit W. 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 5. 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 6: Section 17.96.345 of Title 17 is hereby established to read as follows (the underlined text represents new language and the E;tFikethF()U text represents deleted language): Section 17.96.345 Cargo Containers A "Cargo Container" means a pre-manufactured structure, of metal construction, that is delivered to a site as a fully assembled unit. This shall be a container that was odginally designed and fabricated as a shipping container for use as portable storage, but shall exclude storage P.C. Resolution No. 2006-38 Page 2 of 8 sheds that are assembled at the site. Any permitted cargo container shall not exceed a height of 8'-6", a width of 8', and a length of 40'. Section 7: Section 17.76.170 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): Section 17.76.170 Cargo Containers Cargo containers shall not be stored, maintained, or otherwise kept on any property within the City except as follows: A. Short Term Uses (one year or less): The following short term uses of cargo containers may be permitted. 1. Temporary Construction Storage — One or more cargo containers maybe 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() 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. A cargo container approved pursuant to this subsection shall not require approval of a separate buildingep rmit. 2. 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. Nevertheless, in no case shall the tempora!y 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. A cargo container approved pursuant to this subsection shall not require approval of a building permit. 3. Temporary Storage on City Property — For City-owned property ,(regardless of the underlying zoning district), one or more cargo containers may be permitted for a period not to exceed 12 months in the 3-year period with the approval of the City Manager. A cargo container approved pursuant to this subsection shall not require approval of a building permit. P.C. Resolution No. 2006-38 Page 3 of 8 B. Long Term Uses (longer than one year): The following long term uses of cargo containers may be permitted. Additionally, each carpo container shall be painted an earth tone color that is approved by the Director of Planning, Building, 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 carpo container. 1. City-Owned Property — For City owned property (regardless of the underlying zoning district), one or more carpo containers for long-term storage use may be permitted with approval of the City Manager. The number of carpo containers allowed and the time period for which a carpo container may be used under this subsection shall be established by the City Manager 2. Commercial and Institutional Zones —The use of one carpo 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, subject to the review and approval of the Director of Planning, Building, and Code Enforcement. The applicant shall construct a silhouette of the proposed carpo container to demonstrate to the Director that this provision will be satisfied. Requests for more than one cargo container on a single parcel shall be subject to the review and approval of the Planning Commission. A building permit shall be obtained for the long-term use of a cargo container under this subsection. C. Prohibited Uses — Prohibited uses of cargo containers include, but are not limited to, the following: 1. Specialized foundations for structures as described in section 15.04.060 of the Municipal Code. D. Development standards — The following development standards shall apply to all cargo containers proposed for long-term use (longer than 1 year): 1. Unless incorporated into the design of a residence that meets all the applicable zoning and building code regulations: a. Cargo containers shall not be used for human habitation. b. Cargo containers shall not have any factory-built or field applied electrical, plumbing, heating, or air conditioning systems. Furthermore, the cargo container shall not be connected to a power system. c. Cargo containers shall not be stacked on top of each other or on any other structure. 2. A scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed cargo P.C. Resolution No. 2006-38 Page 4 of 8 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. Caro Containers shall be setback a minimum 5' from any property line. 4. Cargo Containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways. 5. Cargo Containers shall comply with the hillside setback requirements of the Building Code, as adopted by the City of Rancho Palos Verdes (H/3 from the top of slope and H/2 from toe of slope). 6. Refuse and/or debris shall not be stored in, against, on, or under the cargo container. 7. The ca[go containers shall be constructed of metal, except for a wood floor within the metal shell. Structural plans and calculations are not required. E. Amortization - All cargo containers shall conform to the requirements of this section. 1. Cargo containers for which prior approval was granted by the city or another a ec�ncy with jurisdiction over permit issuance shall be allowed to remain, subiect 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 8. 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 text represents deleted language): E. 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 cargo container for tempora! storage forage 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 buildinq permit is P.C. Resolution No. 2006-38 Page 5 of 8 finaled, revoked, or expired, any cargo 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 carpo containers on construction sites shall be subiect to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surroundina property owners. Section ® 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 10: 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 decided upon prior to the effective date of the adoption of said ordinance. Section 11, 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 public and private property. P.C. Resolution No. 2006-38 Page 6 of 8 PASSED, APPROVED, AND ADOPTED this 25 th day of July 2006, by the following vote: AYES: Commissioners Lewis, Perestam, Rutenberg and Tetreault, Vice Chairman Gerstner NOES: Commissioner Karp ABSTENTION: none ABSENT: Chairman Knight Bill Gers r Vice Chairman r� Jopf Rojas, AICP Di ecto of Plann' g, wilding an' C e Enforc nt; and, Secretary to the Planning Commission P.C. Resolution No. 200638 Page 7 of 8 ADDENDUM NO. 13 TO ENVIRONMENTAL ASSESSMENT/ NEGATIVE DECLARATION (EA/ND) NO. 694 July 25, 2006 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 Municipal 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. 13. M:\Projects\ZON2004-00265(Citywide,Cargo Containers)\PC Resolution 2006-38.doc P.C. Resolution No. 2006-38 Page 8 of 8