20151201 Late CorrespondenceI
I
b-"Nqbm—
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: DECEMBER 1, 2015
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA**
Attached are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No. Description of Material
5 Email from Don Reeves
7 Email from Sunshine; Revised Ordinance
Respectfully submitted;
0 411
Carla Morreale
** PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, November 30, 2015**.
W:WGENDA\2015 Additions Revisions to agendas\20151201 additions revisions to agenda.doc
From: Don <dreeves895@aol.com>
Sent: Tuesday, December 01, 2015 9:13 AM
To: cc
Subject: View Ordinance
We spend $300,000 a year to arbitrate what are really private disputes between neighbors. Perhaps any review should
include making sure that these costs are born by the participants as they should be in a court of law. This is just 1
example of how we spend taxpayer dollars on special interests while finding ways to extort more $ from the residents who
never benefit from those expenditures. Won't even mention the SDUF or the Preserve.
Don Reeves
dreeves895@aol.com
From: SunshineRPV@aol.com
Sent: Monday, November 30, 2015 6:07 PM
To: CC
Subject: RE: RPV Dec 1 City Council Agenda Item 7. Farm machinery storage
MEMO from SUNSHINE
TO: RPV City Council
RE: RPV Dec 1 City Council Agenda Item 7. Farm machinery storage
Why limit this Ordinance to so specifically Jim York's situation? Why only "commercial"? Why only in the
landslide moratorium area? Educational agriculture is a good thing.
1
From:
Leza Mikhail
Sent:
Tuesday, December 01, 2015 9:35 AM
To:
Carla Morreale
Cc:
Teresa Takaoka; sunshinerpv@aol.com; CC
Subject:
Late Correspondence - Revised Ordinance
Attachments:
FINAL CC Ordinance .pdf
Hello Carla,
Please include the following in Late Correspondence for tonight's City Council meeting...
In response to a conversation with Sunshine this morning, related to the proposed Code Amendment to landslide
moratorium ordinance that is before the City Council this evening (agricultural farming storage), Staff has slightly
modified the proposed code language to address Sunshine's comments. Specifically, Sunshine questioned why the
exception category only related to commercial agricultural uses and requested that Staff also consider allowing the
exception to apply to non-commercial agricultural uses in case there is ever a request to accommodate non-commercial
or non-profit organizations that promote local agricultural uses within the City. In reviewing the City's Zoning Code, Staff
has determined that both commercial and non-commercial uses that are over an acre in area would require a
Conditional Use Permit in the Single -Family Residential Zoning District. This is because a non-commercial agricultural use
over an acre in size is similar and no more intensive than a commercial agricultural use that is over an acre in size. Given
this, Staff has modified the proposed code language accordingly and expanded the exception to include both
commercial and non-commercial agricultural uses with an approved Conditional Use Permit ... as opposed to limiting the
exception to only commercial uses.
Thank you,
Leza Mikhail
Senior Planner
„City of 12ancko Pafos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.rpvca.gov
(310) 544-5228 — (310) 544-5293 f
lezam(a rpvca.gov
*Pl.ease Note: I?ffective 02/20/15, the City's new email. address is "0rpvca.gov" Please update your contact
information .for me to reflect lezamkrpvca.gov as my new email.
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH AN
EXCEPTION CATEGORY (`S') TO ALLOW THE CONSTRUCTION OF NON -
HABITABLE STORAGE SHEDS, UP TO 1,600 SQUARE FEET, THAT ARE USED
FOR THE SOLE PURPOSE OF STORING AGRICULTURAL FARMING
EQUIPMENT ON PROPERTIES WITH AN APPROVED AGRICULTURAL USE
GREATER THAN ONE -ACRE IN SIZE FOR COMMERCIAL OR NOW
COMMERCIAL PURPOSES WITHIN THE CITY'S LANDSLIDE MORATORIUM
AREA.
WHEREAS, on July 21, 2015, the City Council directed Staff to prepare a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to
allow the construction of non -habitable storage sheds used for the sole purpose of storing
agricultural farming equipment on properties that have obtained a Conditional Use Permit for the
growing of crops and/or fruits on more than one (1) acres for commercial or non-commercial
purposes within the City's landslide moratorium boundary, provided the code language does not
permit the conversion of said structures to habitable area in the future; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et seq. ("CEQA"), 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 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos
Verdes determines that the proposed Code Amendment is exempt from CEQA pursuant to Section
15301 (Existing Facilities), which applies to the "operation, repair, maintenance, permitting, leasing,
licensing or minor alteration of existing public or private structures, facilities, mechanical equipment
or topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination." The exception applies to the proposed code amendment
as the amendment would only permit minor alteration (minor construction of non -habitable structure
on an existing, lawfully developed lot permitted for commercial or non-commercial agricultural use)
of existing developed lots which would result in a negligible expansion of the existing residential
zoned property. Furthermore, the proposed code amendment is exempt from CEQA pursuant to
Section 15061(b)(3) as the proposal does not have the potential to cause a significant effect on the
environment since the proposed code amendment will only permit small structures on developed
lots, and only after demonstrating to the City's geologist that the minor construction will not
aggravate the existing situation; and,
WHEREAS, the City Geologist, determined that minor projects that allow the construction of
non -habitable storage sheds, or other similar non -habitable structures, used for the sole purpose of
storing large agricultural farming equipment could be permitted within the City's landslide
moratorium area, provided the structure will not exceed a maximum square footage or roofed area
of 1,600 square feet, that the property is served by a sanitary sewer system and a geotechnical or
geology study is submitted to the City to demonstrate to the satisfaction of the City's geotechnical
staff that the proposed project would not aggravate the existing landslide situation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed amendments to
Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the proposed amendments to Chapter 15.20 of
Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes General Plan in that
they uphold, and do not hinder, the goals and policies of those plans, in particular to balance the
rights of owners of developed properties within the Landslide Moratorium Area to make reasonable
use of their properties while limiting the potential impacts resulting from such use upon landslide
movement, soil stability and public safety within and adjacent to the Landslide Moratorium Area.
Section 4: The City Council further finds that there is no substantial evidence that the
proposed amendments to Title 15 would result in new significant environmental effects, or a
substantial increase in the severity of the effects, since the new amendments still provide
regulations that would minimize impacts to properties within the City and the environment by limiting
the additions to properties that are already developed with an approved agricultural use on a
residentially zoned property that is served by a sanitary sewer system, and do not exceed a
maximum square footage or roofed area of 1,600 square feet.
Section 5: The City Council further finds that the amendments to Chapter 15.20 of Title
15 of the Municipal Code will protect the public health, safety, and general welfare in the area and
any proposed minor construction project for non -habitable structures that is subject to a Planning or
Building permit would require approval of a geotechnical or geology report by the City's Geologist
prior to submittal of plans into Planning for entitlements or Building and Safety for permits.
Section 6: Based upon the foregoing, Paragraph S is hereby added to Section
15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code to read as
follows:
S. The installation or construction of a non -habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained a
Conditional Use Permit for the growing of crops and/or fruits on more than one (1)
acre for commercial or non-commercial purposes. Said non -habitable structure(s)
shall not exceed a cumulative maximum square footage or roofed area of 1,60
square feet, shall only be permitted on lots that are served by a sanitary sewer
system, and shall not count against the 1,200 square foot limitation set forth in
Paragraphs `H' and `W of this Section. A covenant which prevents the structure from
being used for any purpose other than a non -habitable use for storing agricultural
farming equipment, in a form approved b the he City Attorney and enforceable by the
City, shall be recorded with the Los Angeles County Registrar -Recorder against the
title to said property, prior to Building Permit issuance. Said structures shall be
constructed and maintained as non -habitable structures and shall be removed if an
approved Conditional Use Permit ceases and a commercial agricultural use no
longer remains on said property. Prior to approval of an application, the applicant
shall submit to the director any geological or geotechnical studies required by the
city to demonstrate to the satisfaction of the city geotechnical staff that the
proposed non -habitable structure will not aggravate the existing situation;
Section 8: The amendments to Chapter 15.20, Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all Landslide Moratorium Exception requests
submitted after the effective date of this ordinance.
Section 9: 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
Ordinance No. _
Page 2 of 3
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 10: 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 of Rancho Palos Verdes.
Section 11: This Ordinance shall go into effect and be in full force and effect at 12:01 AM
on the 31St day after its passage.
PASSED, APPROVED and ADOPTED this 1St day of December 2015.
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; that the foregoing Ordinance
No. _ passed first reading on December 1, 2015, was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No. _
Page 3 of 3
FROM: CITY CLERK
DATE: NOVEMBER 30, 2015
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, December 1, 2015 City Council meeting:
Item No. Description of Material
4 Email from Joan Olenick
7 Letter from Gary S. Weber
Respectfull submitted,
Carla Morreale
MAGENDA\2015 Additions Revisions to agendas\20151201 additions revisions to agenda thru Monday.doc
From: Leza Mikhail
Sent: Wednesday, November 25, 2015 1:15 PM
To: Carla Morreale; Teresa Takaoka
Subject: FW: St. John Fisher Church
Hello—Please include in Late Correspondence for the St. John Fisher item on December 15t
Leza Mikhail
Senior Planner
City of Rancho Palos Verdes
Planning Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.Dalosverdes.com/rr)v/olanninR/DlanninR-zoning/index.cfm
(310) 544-5228 — (310) 544-5293 f
lezam(a-)-rpvca.gov
From: Joani
Sent: Wednesday, November 25, 2015 1:12 PM
To: Leza Mikhail
Subject: St. John Fisher Church
Dear Leza,
I'm writing regarding the problems that have arisen since the fence was removed between St. John
Fisher and our homeowners' common land.
Security is our chief concern as people have been walking down from the Church's driveway onto our
land. Neighbors have complained of seeing strangers on the hill behind their homes on many
occasions, and teenagers have been sighted partying there as well. I personally have had to clean up
the cans and bottles that they left behind.
More seriously, at least one break in has occurred on our street this fall, and the police have stated
that entry into the home was from the backyard. This is an unacceptable situation for us.
As such, we would like the Church to replace the fence in the near future, and we would greatly
appreciate your help in resolving the matter. Thanks in advance for your help with this issue.
i
,a
Please feel free to contact me if you have any additional questions. And if you could please remove
my email address from this letter I would appreciate it. Thanks again for your help.
Sincerely,
Joan Olenick
Secretary of the Rancho Crest Homeowners' Association
(The Countryside)
From: Gary Weber <gsweberconsulting@gmail.com>
Sent: Monday, November 30, 2015 2:50 PM
To: CC
Cc: 'Jim York'; Joel Rojas; Leza Mikhail
Subject: Item #7, City Council Agenda 12.1.15
Attachments: Exception 'S' 12.1.15.pdf
Mayor Knight and City Council,
Please see the attached letter regarding Item #7 of the upcoming Council meeting (12.1.15).
Thank you,
Gary Weber
Y.
Yore
Y ork Point View Properties, LLC,
November 301, 201 S
MayorJim Knight and 1,4onorable City Council Members
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275-539 t
RE: COUNCIL AGENDA 1-211115, 171,111 #7
PR OPOSED +101?/1 "TORIUM UM ENCEPTION "'S
bear Mayor Knight and City COMICH:
VIA E-MAIL,
We have reviewed the staff report for Public Hearing Item #7 of the upcoming City Council meeting
(12/1/15). ate sLipportthe prol)t)seciexception cite(yC-
ory("S")to[tie Mt)i-at(,)ritiiii0t,ciiiiaiicethat wotild
allow for construction of up to 1,600 square Feet of non -habitable StrUCtUrOStO be LI'sed f'r the sole
0
purpose of storing agricultural farming, equipment, within the City's Landslide Moralorlum.Area.
C,
Thank youfor your consideration.
Respectfully,
Gary S, Weber, for
James York, Member
York Point Vie", Properties, LLC
CC: Jim York, YPVP
Joel Rojas, Community Development Director., RPV
Leza,%(fikhail, Semor Planner, RPV