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CC SR 20181016 D - Exception T Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/16/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to adopt Ordinance No. 610 amending Exception Category ‘T’ of Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code as it relates to residential development within Zone 1 of the Landslide Moratorium Area (Case No. PLCA2018-0001). RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. 610, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING EXCEPTION CATEGORY ‘T’ OF CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE NON-HABITABLE ACCESSORY STRUCTURES FROM THE MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA AND TO ALLOW RESIDENTIAL BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO. PLCA2018-0001). FISCAL IMPACT: None 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. Ordinance No. 610 (page A-1) The previous Staff Report, meeting Minutes, and public comments on this topic can be found on the City’s website via the October 2, 2018, City Council Agenda at http://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3243. 1 BACKGROUND AND DISCUSSION: On October 2, 2018, Ordinance No. 610 (Attachment A) was introduced by the City Council. This Ordinance amends Exception Category ‘T’ of Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code to exclude non-habitable accessory structures, which are permitted through Exception Categories ‘I’ and ‘S’, from the 8,000ft2 maximum square footage limitation for residential and accessory structures, and to allow two-story residential structures to be built up to a maximum height of 26’ with the approval of a Height Variation Permit. This evening, Ordinance No. 610 is presented for its second reading and adoption. This Ordinance will go into effect on November 16, 2018. ALTERNATIVES: In addition to the Staff’s recommendation, the following alternative action is available for the City Council’s consideration. 1. Direct Staff to revise Ordinance No. 610 for re-introduction and/or second reading at a future City Council meeting. 2 ORDINANCE NO. 610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING EXCEPTION CATEGORY ‘T’ CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE NON- HABITABLE ACCESSORY STRUCTURES FROM THE MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA AND TO ALLOW RESIDENTIAL BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO. PLCA2018-0001). WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577, approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code establishing Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow two parcels within Zone 1 of the Landslide Moratorium Area to be developed with residential structures (Case No. ZON2015-00555); and, WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016- 03, making certain findings related to the requirements of the California Environmental Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) for the establishment of Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow two parcels within Zone 1 of the Landslide Moratorium Area to be developed with residential structures; and, WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC) submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception Category ‘T’ to exempt non-habitable accessory structures, permitted through Exception Categories ‘I’ and ‘S’ from the established maximum square footage limitation of 8,000ft2 for residential and accessory structures and to allow two-story residential structures up to a maximum height of 26’ with the approval of a Height Variation Permit; and, WHEREAS, on September 10, 2018, a courtesy notice announcing the City Council’s review of the proposed code amendment was sent to property owners within 500’ of the Point View property located at 6001 Palos Verdes Drive South; and, WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018- 77, finding that pursuant to the provisions of the CEQA, Public Resources Code Sections 21000 et. seq. the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section A-1 Ordinance No. 610 Page 2 of 4 65962.5(f) (Hazardous Waste and Substances Statement), no evidence that the proposed Code Amendment to Chapter 15.20 of the Rancho Palos Verdes Municipal Code, as it relates to Exception Category (‘T’), will introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the certified MND for the adoption of Exception Category (‘T’) to Section 15.20.040 (Exceptions) of the Rancho Palos Verdes Municipal Code. Additionally, the City Council found that the project does not include changed circumstances or new information, which were not known at the time the MND was certified, as detailed in Addendum No. 1 of the document, which would require the preparation of a subsequent environmental analysis pursuant to CEQA; and, WHEREAS, on October 2, 2018, the City Council conducted a duly noticed public hearing, considered all testimony and materials in the staff report and accompanying documents, which were made a part of the public record; and, WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and are hereby incorporated into this Ordinance as set forth herein. Section 2. The City Council of the City of Rancho Palos Verdes hereby finds that the amendment to Title 15 adopted herein is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. Specifically, the amendment adopted herein will allow for residential development, which conforms to established requirements and applicable development standards including lot coverage, building height and setbacks within Zone 1 of the Landslide Moratorium Area and underlying Single-Family Residential (RS-1) Zoning District. Section 3. Section 15.20.040(T) (Exceptions) of Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: “The construction of residential buildings, accessory structures, and grading totaling less than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic yards of imported fill material on the two lots in Zone 1 of the "Landslide Moratorium Area" as outlined in yellow on the landslide moratorium map on file in the Director's office; provided, that a Landslide Moratorium Exception Permit is approved by the Director, and provided that the project complies with the criteria set forth in Section 15.20.050 (Landslide Mitigation Measures Required) of this chapter. Residential buildings and accessory structures, excluding the square A-2 Ordinance No. 610 Page 3 of 4 footage of non-habitable accessory structures permitted through Exception Categories ‘I’ and ‘S’ of Section 15.20.040 of the City’s Municipal Code, shall not exceed a maximum combined total of up to 8,000 square feet (habitable and non- habitable area), including garages and shall be limited to a maximum of 25 percent lot coverage with proper setbacks from adjacent properties as determined through the Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the City's Municipal Code and the City's Neighborhood Compatibility Handbook. A main residence shall not exceed two stories and shall not exceed a maximum height of 26 feet, through the approval of a Height Variation Permit, pursuant to Section 17.02.040 of the City’s Municipal Code for any portion of the structure exceeding 16’ in height and as defined by the zoning code for pad lots. Horse keeping is permitted up to a maximum of four horses per lot. Such projects shall qualify for a Landslide Moratorium Exception permit only if all applicable requirements of this code are satisfied, and the parcel is served by a sanitary sewer system. Those who take advantage of this exception category shall, prior to development, record a covenant on the subject property in a form approved by the City Attorney running with the land and enforceable by City (i) prohibiting future subdivision of said property, (ii) acknowledging that the city makes no representation as to the suitability of the land for development and assuming risk, and (iii) providing for trail dedication. The property owner will work with the Director to find a mutually agreeable trail alignment for connectivity to the City's trail system which is vetted with trail groups and does not impact the developable building site(s). Prior to issuance of a Landslide Moratorium Exception permit, 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Certification and Posting. 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. A-3 Ordinance No. 610 Page 4 of 4 Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the 31st day after its passage. PASSED, APPROVED and ADOPTED this 16th day of October 2018. _________________________________ Mayor ATTEST: ____________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, 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. 610 passed first reading on October 2, 2018, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 16, 2018, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ City Clerk A-4