RPVCCA_CC_SR_2013_10_15_B_Ordinance_549_Restrictions_On_Construction_ProjectsCrTYOF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNITY DEVELOPMENT ~fOl!-l~
DIRECTOR
OCTOBER 15, 2013
ADOPTION OF A NON-URGENCY ORDINANCE TO
ESTABLISH CERTAIN PERMIT RESTRICTIONS ON
CONSTRUCTION PROJECTS THAT HAVE BEEN
ONGOING FOR 4 YEARS OR MORE
CAROLYN LEHR, CITY MANAGER cfl_,
RECOMMENDATION
ADOPT ORDINANCE NO. 549, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, REGARDING PROLONGED CONSTRUCTION PROJECTS THAT ARE
ADVERSELY AFFECTING NEIGHBORING PROPERTIES.
BACKGROUND
At the September 3, 2013 City Council meeting, Staff presented a Draft Ordinance (in both
an urgency and non-urgency format) to the City Council for adoption that would establish
certain permit restrictions on prolonged construction projects that have been under
construction for 4 years or more where Staff has received written complaints from the
neighbors about the project and the effect upon their ability to enjoy their homes over a
prolonged period. The ordinance was prompted by concerns raised by several neighbors
over the prolonged noise, dust and parking inconveniences caused by a residential
construction project at 32039 Sea Ridge Circle (property owned by Mr. and Mrs. Anderson)
that has been ongoing for several years. After hearing public testimony from the Sea Ridge
neighbors and Mr. and Mrs. Anderson, the City Council continued the matter to its October
1, 2013 meeting t9 allow the City Attorney to clarify certain aspects of the proposed Draft
Ordinance.
On October 1, 2013, after hearing additional public testimony, the City Council adopted a
modified version of the proposed Urgency Ordinance and introduced the non-urgency
version of the same ordinance. The non-urgency version of the ordinance is now before
the City Council for adoption.
B-1
DISCUSSION
The proposed Ordinance sets forth the following permit restrictions on residential or
commercial projects under construction for 4 years or more and which are adversely
affecting adjacent properties, as documented by written complaints that have been
submitted to Staff:
No new building permits shall be issued by the City for any new work until all the
work associated with any open permits has been completed to the Building Official's
satisfaction.
No building permit extensions shall be approved.
The ordinance states that these restrictions would not apply to new permits or extensions
related to: 1) emergency work; 2) work that is necessary to preserve the integrity of the
structure; and 3) work that, in the opinion of the Building Official, will mitigate impacts to
adjacent neighbors.
ADDITIONAL INFORMATION
Public Correspondence
Attached is all of the late correspondence on this matter from the September 3rd meeting
as well as public comments received since the September 3rd meeting.
Attachments
•Ordinance No. 549
•Late Correspondence from October 1, 2013 City Council meeting and any subsequent
public comments
B-2
ORDINANCE NO. 549
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING
PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY
AFFECTING NEIGHBORING PROPERTIES
RECITALS
1. When permitted construction projects are commenced by property owners, they typically
are completed within the periods of time specified in the Municipal Code. It is not
unusual, however, for a substantial construction project to require the issuance of a
permit extension and the issuance of a subsequent building permit and extension, which
means that a project can be under construction for more than two years.
2. Th~re is at least one project in the City that has been ongoing for more than four years,
with permits for the same work having been extended and reissued on several
occasions. The property owners continue to apply for more permits from the City and
still have not completed work that had already commenced. This project has been
ongoing for more than four years and has been disrupting the neighbors' ability to enjoy
their properties for that time and has become a nuisance.
3. It is necessary to adopt an urgency ordinance that will amend the Municipal Code to
address these unusual circumstances so that the Building Official will not issue new
permits for additional work until after the prior permits have been completed so that this
project and others like it will not continue indefinitely, so the neighbors' ability to enjoy
their properties will not continue to be adversely affected and their ability to enjoy their
properties will be restored.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.18.050 of Chapter 15.80 of Title 15 of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows [the new language is underlined]:
15.18.050 -Administrative Code amended-Expiration of permits.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 105.3.2 and 105.5
are amended to read:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be
deemed to have been abandoned 180 days after the date of filing, unless such application has
been pursued in good faith or a permit has been issued; except that the building official is
authorized to grant up t~ two extensions of time for additional periods not exceeding not
exceeding 90 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
1635891
B-3
Plan checks for development projects where permits have expired for a period of less than one
year shall be assessed a fee equal to Y2 of the amount of the applicable plan check fee, as set
forth in the resolution establishing said fee, if the plans that are being resubmitted are identical
to the prior plans. Said fee shall be paid when the plans are re-submitted for review by the
building official.
105.5 Expiration. Every permit issued by the building official under the provisions of the
technical codes shall expire by limitation and become null and void, if the building or work
authorized by such permit is not completed through final inspection within the allowed time from
the date of issuance of such permit, which time shall be as follows: up to 5,000 square feet, 18
months; 5,000 to 10,000 square feet, 24 months; over 10,000 square feet, 30 months. For good
cause, upon initial application for a permit, the building official may establish a different
expiration date when it is anticipated such date will be necessary to complete construction due
to extenuating circumstances or when the construction is required to be completed within the
time period of previously issued unexpired permits. Upon expiration, before work under the
permit can be recommenced, a new permit shall be obtained. Such new permit shall be valid for
24 months, and the fee therefor shall be one-half the amount required for a new permit for such
work, if no changes have been made or will be made in the original plans and specifications for
the work and not more than one year has passed since the expiration of the permit; otherwise,
such new permit shall be subject to all terms and conditions applicable to new permits.
Any permittee holding an unexpired permit may apply for an extension of the time within which
the permittee may complete work under that permit when the permittee is unable to complete
the work within the time required by this section although proceeding with due diligence. An
application for extension shall be filed on forms prescribed by the building official and be
accompanied by payment of the fee as established by resolution. The building official may
extend the time for completion of work under the permit by the permittee for a period of time not
exceeding 180 days upon finding the permittee has been proceeding with due diligence and that
circumstances beyond the control of the permittee have prevented action from being completed.
No permit shall be so extended more than once.
Notwithstanding the foregoing, for any property where construction has been performed
pursuant to one or more unexpired permits for a period of at least four years and is adversely
affecting adjacent properties or the owners or occupants thereof. as documented in written
complaints submitted to the Building Official or Director of Community Development. the
Building Official shall not issue a new building permit for any new work or an extension of an
existing unexpired permit until all work being performed pursuant to any unexpired building
permit has been completed and the City has issued a final approval or a certificate of occupancy
therefor. This provision shall not apply to: 1. emergency work; 2. work that is necessary to
preserve the integrity of the structure; or 3. work that. in the opinion of the Building Official. will
mitigate impacts to an adjacent property.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS_ DAY OF OCTOBER 2013.
1635891
B-4
MAYOR
ATTEST:
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; the foregoing
Ordinance No. _ was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on October_, 2013, and that the same was passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
1635891
B-5
ABSTAIN:
CITY CLERK
1635891
B-6
Late Correspondence
B-7
From: Joel Rojas
Sent:
To:
Tuesday, October 01, 2013 3:34 PM
Carla Morreale
Cc: Teresa Takaoka; Carol Lynch <clynch@rwglaw.com>; Paul Christman; David Snow
(DSnow@rwglaw.com)
Subject: FW: Urgency Ordinance
From: Ross, Randy [mailto:randy.ross@blross.com]
Sent: Tuesday, October 01, 2013 3:27 PM
To: Jim Knight
Cc: Susan Brooks <Subrooks08@gmail.com>; Brian Campbell <b.camp@cox.net>; Ross, Bruce L.; Joel Rojas; Glantz,
William; Ngan, Dora; Dora Ngan; Paul Zhang (offsite); Tang, Randy; Smith, Jack
Subject: Fwd: Urgency Ordinance
Dear Councilman Knight,
I just read the proposed language of the Urgency Ordinance and expressed my concerns to Mayor Brooks,
Councilman Campbell and my neighbors. Mayor Brooks just responded, indicating that you were concerned
about the need to save time, which gave rise to what I consider to be the problematic language. She passed
along your email address along to me.
While I certainly understand and appreciate the time-saving issue, the language of the proposed ordinance not
only does not achieve the desired goal, it exacerbates the problem. A wholesale allowance for permits within
the same timeframe as existing permits will continue to disrupt neighbors and will deny neighbors the relief
which the ordinance is intended to provide. It seems from her reply that Mayor Brooks sees the issue.
I am copying my email below for your consideration:
I have just read the proposed change in the ordinance language and, unfortunately, there is an unintended consequence
that is highly problematical.
The new language allows the City to issue or extend permits for work that can be performed within the same timeframe as
existing permits. Unfortunately, in this situation, it enables the Andersons to seek and obtain additional permits through
2/15 that will continue to disrupt our neighborhood.
The current open permits are as follows:
1
B-8
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1
:l 5-42
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Project Chronolgy for 32039 Sea Ridge Circle (Ander!lon Residence)
0.i<> Date
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ZOHW1Nl(l001 S;>ecil>!COll!ilnnl:lan Poonlt li'JrfebMtiy 20.
---2(112!~D!Y!
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l.ON2(H2.ool14 ~jllat:e BBQ ill Ille rear iald PQ!io•r""
OTC
2/lll/2012
.411arzo12
1/1:11'.IOl<! ~
11121.i!014
8123/2012:
&plfti &24/:1012 2"W2G1~
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Pt.M20l2.Q0142 'lnsto.'I 93$ ~lfQtll-!o ~ aBO. llr•
. ,1!i!:Jl¥fif'!1l1:X!J ·~~~~~~~~~~_..,F.;<::.:.;:,_
EW\11lMlOOllfl Jnltll§ 4·elttii!fll:tTGf1 r~., pallo"""'
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Z0N2012"®337 -nitlg ~ng-* $icle 'M1!H:I r0$i!IQt'IQO
Sl.02C13-00391 ATI' 2.1J6:! SF rerool
Pl.M2013-00Hl3 Jns~ tlldilln! he.'lfin!i ll)'Maffl
!1121,M20l2 ~!!14
10/11/2012 l!~os
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11til/201~
3118/2013
ana®t3
You will note that most of the permits expiring after 2/2014 do not involve the exterior of the structure or any of the areas
facing the street. They also should not involve numerous trucks and construction personnel. The last item on the list,
however, is an open permit for another entire year, through 2/16/2015, to install a radiant heating system. The language of
the ordinance would permit the Andersons to seek and obtain new permits to do additional projects on the exterior of the
structure, that would be disruptive to the neighborhood. Therefore, it provides us with no relief for another year and a half.
Is this really what the City intends?
I am afraid it is still a problem for me.
In addition, what is to stop them from taking out a permit on February 17, 2015 and starting a new 4-year phase?
I am not sure you have accomplished what you set out to do.
Thank you.
Randy Ellen Ross
·Randy Ellen Ross
2 B-9
Attorney at Law
CEO
Bruce L. Ross & Company
609 Deep Valley Drive, Suite 390
Rolling Hills Estates, CA 90274-3629
Office Voice: 310-544-8881
Office Fax: 310-544-8841
Fax to Email: 310-802-7508
Cell: 310-850-2239
-... --------Forwarded message ----------
From: Mayor Susan Brooks <subrooks08@gmail.com>
Date: Tue, Oct 1, 2013 at 3:09 PM
Subject: Re: Urgency Ordinance
To: "Ross, Randy" <randy.ross@blross.com>
Randy, this does sound problematical.
Councilman Knight was trying to help by making sure a project could get done in time with several permits out
at once. I suggest sending him your comments. His emails is jim.knight@rpv.com.
Susan
Susan Brooks
Mayor, Rancho Palos Verdes
(310) 541-2971
(Sent from my iPad)
On Oct 1, 2013, at 2:47 PM, "Ross, Randy" <randy.ross@blross.com> wrote:
Dear All,
I have just read the proposed change in the ordinance language and, unfortunately, there is an
unintended consequence that is highly problematical.
The new language allows the City to issue or extend permits for work that can be performed
within the same timeframe as existing permits. Unfortunately, in this situation, it enables the
Andersons to seek and obtain additional permits through 2/15 that will continue to disrupt our
neighborhood.
The current open permits are as follows:
3 B-10
<image.png>
You will note that most of the permits expiring after 2/2014 do not involve the exterior of the
structure or any of the areas facing the street. They also should not involve numerous trucks and
construction personnel. The last item on the list, however, is an open permit for another entire
year, through 2/16/2015, to install a radiant heating system. The language of the ordinance would
permit the Andersons to seek and obtain new permits to do additional projects on the exterior of
the structure, that would be disruptive to the neighborhood. Therefore, it provides us with no
relief for another year and a half. Is this really what the City intends?
I am afraid it is still a problem for me.
In addition, what is to stop them from taking out a permit on February 17, 2015 and starting a
new 4-year phase?
I am not sure you have accomplished what you set out to do.
Best,
Randy
Randy Ellen Ross
Attorney at Law
CEO
Bruce L. Ross & Company
609 Deep Valley Drive, Suite 390
Rolling Hills Estates, CA 90274-3629
Office Voice: 310-544-8881
Office Fax: 310-544-8841
Fax to Email: 310-802-7508
Cell: 310-850-2239
On Tue, Oct 1, 2013 at 1 :40 PM, Joel Rojas <JoelR@rpv.com> wrote:
Randy
The staff report and associated draft Ordinance is posted on the City's website. Here is the link:
http://www.palosverdes.com/rpv/citycouncil/agendas/2013 Agendas/MeetingDate-2013-10-
01/RPVCCA CC SR 2013 10 01 03 Urgency Ordinance Contruction Projects Permit Restrictions.pd
f
4 B-11
Let me know if you have any questions.
Joel
From: Ross, Randy [mailto:randy.ross@blross.com]
Sent: Tuesday, October 01, 2013 8:49 AM
To: Joel Rojas
Cc: Ross, Bruce L.; Ngan, Dora; Dora Ngan; Paul Zhang (offsite); Glantz, William; Tang, Randy; Smith,
Jack; Susan Brooks <Subrooks08@gmail.com>; Brian Campbell <b.camp@cox.net>
Subject: Urgency Ordinance
Dear Joel,
I noticed that, as was decided at the Board meeting in early September, the Urgency Ordinance is
back on the agenda for tonight's City Council meeting. We have not seen any revised language
that would enable us to comment on any revised language or otherwise provide feedback on
whether it meets the needs of the neighborhood.
Would you be able to send us the proposed revisions?
Thank you.
Best Regards,
Randy
Randy Ellen Ross
Attorney at Law
CEO
5 B-12
Bruce L. Ross & Company
609 Deep Valley Drive, Suite 390
Rolling Hills Estates, CA 90274-3629
Office Voice: 310-544-8881
Office Fax: 310-544-8841
Fax to Email: 310-802-7508
Cell: 310-850-2239
6 B-13
Joel Rojas
From:
Sent:
To:
Cc:
Subject:
Dear Wan-Ping (et al),
Mayor Susan Brooks <subrooks08@gmail.com>
Tuesday, October 08, 2013 8:24 AM
wan-ping yu yu; Joel Rojas; Paul Christman; Carolyn Lehr
Dora Ngan; Ross, Bruce; Susan Brooks; Ross, Randy Ellen; phyllisglantz@verizon.net;
dora; Randy
Re: Another Resident Selling on Sea Ridge Circle
I am so very sorry for your 'beyond inconvenience.' As you know, the Council has adopted an Urgency
Ordinance regarding construction. At our Oct. 15th meeting, we will be addressing an Ordinance change for
hours of construction. As far as the unsanitary conditions you describe, I am forwarding this email to our staff
for further assessment and followup.
We are doing all we can do as a municipality and your feedback, along with the neighbors is essential to ensure
the safety and welfare of our residents.
Regards,
Susan Brooks
On Mon, Oct 7, 2013 at 2:13 PM, wan-ping yu yu <wanpingyuyu@yahoo.com> wrote:
Hi Susan,
My name is Wan-Ping Yu. My husband Randy Tang and I purchased Jack and Anne
Smith's house in May of this year. We moved in on July 12th. As much as we like our new
neighbors( excluding the Anderson's), if we can turn back time and know what we know
now, we would not have purchased this house. We have 2 children age 10 and 11. We
choose this house because it is in a cul de sac so our kids can play more freely on the
street. It has been almost 3 month since we moved in and my kids are not comfortable
playing on the street.
The workers from the Anderson's comes to our lawn for lunch often. My kids have found
cigarette butts on the ground day after day. My daughter made a sign NO SMOKING
PLEASE and taped it on. Last week we had to open up the street water meter to see if there
was a leakage and found whole bunch of cigarette butts inside the meter. Instead of putting
it in the trash can, the smokers conveniently put it inside the meter through the open hole. I
wish I took a picture to show you.
I was at the first city council meeting and my heart goes out to these wonderful
neighbors. How did they tolerate what went on for the last four years? We have been here
for less than 3 months yet we are extremely frustrated. It sounds like everyone including the
1
B-14
city has been patient with the Anderson's but I think ENOUGH is ENOUGH. We can not let
one neighbor affect the quality of life for many others. Please help us! Thank you.
Wan-Ping
From: Susan <subrooks08@gmail.com>
To: Dora Ngan <dora@APOLLOEMB.COM>
Cc: "Ross, Bruce" <bruce.ross@blross.com>; "Brooks, Susan" <Susan.Brooks@rpv.com>; "Ross,
Randy Ellen" <randy.ross@blross.com>; "phyllisglantz@verizon.net" <phyllisglantz@verizon.net>;
dora <dorahy1@yahoo.com>; wanpingyuyu <wanpingyuyu@yahoo.com>; Randy
<randy@1 stopcustoms. com>
Sent: Monday, October 7, 2013 12:41 PM
Subject: Re: Another Resident Selling on Sea Ridge Circle
Randy,
Sorry we missed each other, too. I
lost track of you after the
Reception.
I feel just awful for this situation. Who's house is it?
The time ordinance is separate and will come to Council within the next month, I believe. Am
Checking on it now.
Best to you,
Susan
Susan Brooks
Mayor, Rancho Palos Verdes
310/ 707-8787(cell)
Sent from my iPhone
On Oct 7, 2013, at 11:19 AM, Dora Ngan <dora@APOLLOEMB.COM> wrote:
Dear Susan,
When is that 8am rule going to effective? 7 am sharp this morning, two workers are making
loud sound hammering wall and windows right next to our bedrooms. This need to be stop, we
have a life, our family and kids need rest.
Dora Zhang
Apollo USA
1650 W Artesia Blvd
2
B-15
Gardena, Ca 90248
Cell:l-310-345-6168
On 7 Oct, 2013, at 10:33 AM, "Ross, Bruce" <bruce.ross@blross.com> wrote:
Dear Susan,
I am sorry I missed you at the PV Conservancy function at mar'sel last
night. We were sitting with Rob Kautz and his wife Danise Halloway. It
was a fun event if a bite windy.
I was just informed this morning that another resident of Sea Ridge Circle
has put their home up for sale. Please see:
Click the following link to view the Listing:
http://www.mrmlsmatrix.com/DE.asp?k=2134542XSQRF&p= DE-
174370957-621
I do not know why they are moving but I thought I would let you
know.
Bruce
Bruce L. Ross 1° f
President
Bruce L. Ross & Company
609 Deep Valley Drive, Suite 390
Rolling Hills Estates, CA 90274-3629
Office Voice: 310-544-8881
Office Fax: 310-544-8841
Cell: 310-738-8881
This message is intended solely for the use of the addressee(s) and is intended to be privileged and
confidential. If you have received this message in error, please immediately notify the sender and
delete all copies of this email message along with all attachments. Thank you.
Susan Brooks, Mayor
Rancho Palos Verdes, CA
(310) 541-2971 home
3
B-16