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CC SR 20180417 02 - Rue Le Charlene Annexation PUBLIC HEARING Date: April 17, 2018 Subject: Consideration and possible action to initiate a General Plan Land Use Map and Zoning Map Amendment to annex three (3) properties on Rue Le Charlene in the City of Los Angeles Subject Property/Location: 1908 Rue Le Charlene; 1910 Rue Le Charlene and 1912 Rue Le Charlene 1. Report of Notice Given: City Clerk Colborn 2. Request for Staff Report: Mayor Brooks 3. Staff Report & Recommendation: Octavio Silva, Senior Planner 4. Council Questions of Staff (factual and without bias): 5. Declare Public Hearing Open: Mayor Brooks 6. Public Testimony: Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. A. Applicant: Rajendra Makan i. Mayor Brooks invites the Applicant to speak. (10 mins.) Property Owners: Vincent T. Taylor (1912 Rue Le Charlene) Cec Richardson (1910 Rue Le Charlene) Rajendra Makan (1908 Rue Le Charlene) B. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. 7. Rebuttal: Mayor Brooks invites brief rebuttals by Appellant and Applicant. (3 mins) Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have spoken. 8. Council Questions of Applicant (factual and without bias): 9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Brooks 10. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 11. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/17/2018 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to initiate a General Plan Land Use Map and Zoning Map Amendment to annex three (3) properties on Rue Le Charlene in the City of Los Angeles. RECOMMENDED COUNCIL ACTION: (1) Initiate a General Plan Land Use Map and Zone Change Amendment to annex the properties at 1908, 1910, and 1912 Rue Le Charlene in the City of Los Angeles (Case No. PLGP2018-0001). FISCAL IMPACT: The Applicants will be required to cover all City costs associated with the City’s annexation process. Costs associated with providing City services to these three properties will be assessed as part of the amendment process. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Senior Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Aerial photo of the subject Rue Le Charlene properties (page A-1) B. City Council Staff Report dated June 6, 2017 (page B-1) BACKGROUND AND DISCUSSION: There are three (3) properties on Rue Le Charlene that are located in the San Pedro area of the City of Los Angeles that are accessible only through the adjacent Rancho Palos Verdes neighborhood, via Chandeleur Drive and Rue Le Charlene (Attachment A). Two (2) of the homes, 1912 and 1910 Rue Le Charlene, were constructed in 1970, prior to the City’s incorporation, while the third home, 1908 Rue Le Charlene, was constructed in 2001. All three (3) homes currently receive mail addressed to “Rancho Palos Verdes, CA 90275-6372.” In addition, the homes all receive their water service from California Water Service, which also serves residents in the adjacent Rancho Palos Verdes neighborhood. 1 On June 6, 2017, the City Council received report regarding the procedure to annex these properties from the City of Los Angeles (Attachment B), and directed Staff to move forward with the annexation request and update the City Council on the progress. A request to be annexed into the City of Rancho Palos Verdes, and concurrently de- annexed from the City of Los Angeles, is a process that would start with the our City Council, but would ultimately require the approval and cooperation of several governmental agencies, including the City of Los Angeles and the Los Angeles County Local Agency Formation Commission (LAFCO). LAFCO is the agency that has the final authority to approve so-called “reorganizations of territory” (i.e., annexation/de- annexation). The request to start this process with Rancho Palos Verdes takes the form of a request to initiate an amendment to the General Plan Land Use Map and Zoning Map (GPA/ZC) to “pre-zone” the properties to be consistent with the abutting portion of the City. On February 20, 2018, the Planning Division received a General Plan Amendment and Zone Change Initiation Request (Case No. PLGP2018-0001) for the possible annexation of these three residential properties into the City. After a review of the submitted information, the application was deemed complete for processing on March 19, 2018. On March 22, 2018, a public notice announcing the City Council’s consideration of the initiation request was sent to property owners within 500’ of the project sites and to the City of Los Angeles, and published in the Peninsula News. As of the date that this report was completed, City Staff had not received any public correspondence regarding this proposal. Initiation Request A proposed change in zoning is governed by Chapter 17.68 of the City’s Municipal Code. Pursuant to Municipal Code Section 17.68.030(C), “Any person having an interest in land may file an application with the City Council for a change of zone and/or an amendment to this title upon submission to the Director of an initiation application and payment of a filing fee, as established by the City Council. The City Council shall review an accepted initiation application to determine if the requested amendment and/or change is necessary or desirable.” The Applicants are seeking to be annexed into the City of Rancho Palos Verdes to, among other things, resolve the inconsistent provision of services from the City of Los Angeles related to waste pickup, law enforcement and emergency services due to the “landlocked” condition of these properties. Collectively, the three properties are just over an acre in area and are improved with a single-family residence on each lot. The three properties are located in the One-Family Zone (R1-1XL) zoning district in the City of Los Angeles and have a General Plan designation of Low Residential. These designations are comparable to the existing zoning (Single-Family Residential (RS-2)) and General Plan (1-2 dwelling units per 2 acre) designations of the immediately-adjacent residential neighborhood in the City of Rancho Palos Verdes. Based upon aerial imagery and field observations, the improvements on the subject properties appaer generally consistent with surrounding land uses and density requirements in the City of Rancho Palos Verdes with respect to development standards including setbacks and lot coverage. In addition, as described in the attached June 6, 2017, Staff Report, the three properties are also served by the same water provider as residents in the adjacent Rancho Palos Verdes neighborhood; benefit from existing City of Rancho Palos Verdes infrastructure and services for access to their homes; and receive mail addressed to “Rancho Palos Verdes, CA 90275-6372”. Should the City Council initiate the requested General Plan Amendment and Zone Change and the Applicants ultimately decide to move forward with the formal application process, the land use and zone change requests, along with a “Pre-Zoning” Ordinance required by LAFCO, will be forwarded to the Planning Commission for review and consideration. Subsequently, the Planning Commission will forward a formal recommendation on the proposal to the City Council for a final decision. With the adoption of the “Pre-Zoning” Ordinance and the submittal of a complete application, LAFCO and the County will begin their review process for the proposed detachment and annexation request. In the event that the City Council does not initiate the General Plan Amendment and Zone Change, the property owners may still petition LAFCO to compel the cities of Rancho Palos Verdes and Los Angeles to engage in the process. ADDITIONAL INFORMATION: The three Rue Le Charlene properties are located within the 15th City Council District in Los Angeles, where Joe Buscaino is the current City Councilmember. As part of the public notice process, Staff mailed notices to Councilmember Buscaino’s 15th District and City Hall offices to provide notification of the annexation request. In addition, Staff provided email notification to 15th District Staff. As of the date that this report was completed, Staff had not received any public response from Councilmember Buscaino’s office. Staff will continue to reach out to and work with the Councilmember Buscaino’s office as this process moves forward. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not initiate the proposed General Plan Amendment and Zone Change for the three Rue Le Charlene properties. As mentioned above, this would not preclude the property owners from petitioning LAFCO directly. 3 A-1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/06/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action regarding the possible annexation of three (3) properties on Rue Le Charlene in San Pedro. RECOMMENDED COUNCIL ACTION: (1) Receive the Staff report regarding procedure to annex three (3) properties from San Pedro; and, (2) Provide direction to Staff and the applicants, as appropriate. FISCAL IMPACT: The applicants have expressed willingness to cover all costs associated with the City’s annexation of their properties. If annexed, the City’s additional costs to provide services to these properties is expected to be negligible. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Aerial photo of Rue Le Charlene properties (page A-1) BACKGROUND AND DISCUSSION: There are three (3) properties on Rue Le Charlene that are located in San Pedro (i.e., City of Los Angeles). They are accessible only through the adjacent Rancho Palos Verdes neighborhood via Chandeleur Drive and Rue Le Charlene (Attachment A). Two (2) of the homes—1912 and 1910 Rue Le Charlene—were constructed in 1970, prior to the City’s incorporation, while the third home—1908 Rue Le Charlene—was constructed in 2001. All three (3) homes currently receive mail addressed to “Rancho Palos Verdes, CA 90275-6372.” In addition, the homes all receive the water service from California Water Service Company that is provided to residents in the adjacent Rancho Palos Verdes neighborhood. Over the years, Staff and members of the City Council have occasionally received inquiries from the owners of these properties about being annexed into Rancho Palos B-1 Verdes. Most recently, Council Member Misetich asked for this matter to be agendized for the City Council’s discussion at a future meeting on May 16, 2017. A request to be annexed into the City of Rancho Palos Verdes—and concurrently de- annexed from the City of Los Angeles—is a process that would start with our City Council, but would ultimately require the approval and cooperation of several governmental agencies, including the City of Los Angeles and the Los Angeles County Local Agency Formation Commission (LAFCO). LAFCO is the agency that has the final authority to approve so-called “reorganizations of territory” (i.e., annexation/de- annexation). Staff understands that the owners of all three (3) Rue Le Charlene properties are interested in pursuing annexation and are willing to pay the cost of processing the request. The request to start this process with Rancho Palos Verdes would take the form of a request to initiate a General Plan Amendment and Zone Change (GPA/ZC) to “pre-zone” the properties to be consistent with the abutting portion of the City. The GPA/ZC process would require public hearings before both the Planning Commission and the City Council, and would be subject to the provisions of the California Environmental Quality Act (CEQA). Once completed, the City Council would also be asked to adopt a resolution of initiate LAFCO proceedings, which would be submitted to LAFCO along with the “pre-zoning” ordinance, LAFCO application form and other materials. The City GPA/ZC process could take six (6) months to a year to complete. The LAFCO review process involves a detailed analysis of the transfer of territory from one city to another, including the effects of the transfer upon property tax revenues, the provision of public services (i.e., police, fire, schools, etc.) and other issues. As a part of the LAFCO process, the city councils of both cities would be asked to adopt resolutions dealing with the transfer of property tax revenue and other fiscal issues. Reluctance and/or refusal of either city to “cooperate” in the process may lead to delays or denial. Based upon the City’s past experience with reorganizations of territory, the LAFCO review process could take a year to complete. Additional issues to be considered by the City Council and the potential applicants in this matter include the following: • There is little or no financial benefit to the City in annexing these properties. The cost of providing municipal services to single-family homes is typically more than the small fraction of the annual property tax revenue that the City receives. However, this is not to say that the proposal does not make sense, especially since the properties are “land-locked” from the rest of San Pedro and the owners have to travel through Rancho Palos Verdes to access their properties. Also, since the City is already serving the existing adjacent neighborhood, the City’s additional cost to provide services to these three (3) properties should be minimal. B-2 • The City of Los Angeles’ openness to this proposal is currently unknown. After the Eastview area was annexed, the City approached the 15th District Los Angeles City Council office about the correction of a minor boundary adjustment along Western Avenue that placed a sliver of Los Angeles territory on the “wrong” (i.e., west) side of the street. At the time, the City of Los Angeles was unwilling to agree to a reorganization of territory to adjust this boundary. There may be similar resistance or opposition to this proposal. • If these properties are annexed into the City, they will become subject to our Zoning Code, Building Code and other regulations. If the existing properties do not comply with City codes, they will be deemed nonconforming, which may place limitations upon the ability to expand or improve them in the future. They will also become subject to all other City regulations addressing the use and development of property, such as the View Restoration and Preservation Ordinance and the ban on short-term rentals. • The reorganization of territory may also affect the provision of municipal services to these properties, including (but not be limited to) police, fire, waste disposal, animal control and other functions. The cost of these services to the property owners might change. • Another important consideration is the school district that would serve the annexed properties. There is no guarantee that the Palos Verdes Peninsula Unified School District (PVPUSD) would agree to allow students in these homes to attend PVPUSD schools since they would remain outside the District boundary. CONCLUSION: Given that these properties are effectively “land-locked” from the rest of San Pedro and the residents already benefit from City infrastructure and services for access to their homes, Staff believes that annexation of these properties is worth pursuing by the City. However, in the event that the City Council does not currently support annexation, the property owners may still petition LAFCO to compel the cities of Rancho Palos Verdes and Los Angeles to engage in this process. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council’s consideration: 1. Do not consent to the annexation of these properties from San Pedro. As mentioned above, this will not preclude the property owners from petitioning LAFCO directly. B-3