ORD 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
Ordinance No. 462
Page 2 of 9
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 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
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 stfikethfough 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
Ordinance No. 462
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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
Ordinance No. 462
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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:
a. Cargo containers shall not be used for human habitation.
b. Cargo containers shall not have any factory-built or field applied plumbing,
heating, or air conditioning stems=
c. 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.
Ordinance No. 462
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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.
10.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
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 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 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 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.
Ordinance No. 462
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Section 11: Section 17.32.030 of Title 17 is hereby established to read as
follows (the underlined text represents new language and the 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:
A. 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;
E. 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);
H. Temporary special uses and developments, if a special use permit is first obtained,
pursuant to Chapter 17.62 (Special Use Permits);
I. 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);
J. The growing of crops and/or fruits on one acre or less for noncommercial purposes;
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.
Ordinance No. 462
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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.
Ordinance No. 462
Page 8 of 9
PASSED, APPROVED, and ADOPTED this 21st day of Au• 107.
dAr
Mayor
Attest:
73z4--eaA.,e4Aee
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
/ ;se //
City Clerk
Ordinance No. 462
Page 9 of 9
ORDINANCE NO. 462 — EXHIBIT `A'
ADDENDUM NO. 14 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
AUGUST 21, 2007
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 reviewing amendments to Titles 15 and 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 City Council has independently
reviewed this item and determined that the proposed amendments will not result
in any new significant environmental effects. Furthermore, the City Council finds
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 City Council finds
that no further environmental review is necessary other than the City Council's
adoption of this Addendum No. 14.
W:\City Council Ordinances\Ordinances\2007\Ordinance No.462 Exhibit A.doc
Ordinance No. 462
Exhibit A
Page 1 of 1
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 22, 2007, she caused to be posted the following document
entitled: 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, a copy of which is attached hereto, in the
following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
City Clerk