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numbers set forth in the Master
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TITLE 16.
DIVISION 23.
PROFESSIONAL AND VOCATIONAL REGULATIONS
CEMETERY AND FUNERAL BUREAU
Article 1. General §§ 2300 -2304
§ 2300. location of Office
The principal office of the Bureau is located at 1625 North Market Boulevard, Suite
S-208, Sacramento, California 95834.
Note: Authority cited: Section 9630, Business and Professions Code. Reference cited: Section 9630,
Business and Professions Code.
HISTORY
1. Amendment filed 12-15-70; effective thirtieth day thereafter (Register 70, No. 51). For prior history see
Register 63, No. 3.
2. Amendment filed 12-2-75; effective thirtieth day thereafter (Register 75, No. 49).
3. Amendment filed 6-25-80; effective thirtieth day thereafter (Register 80, No. 26).
4. Change without regulatory effect amending section fifed 2-8-95 pursuant to section 100, title 1,
California Code of Regulations (Register 95, No. 6).
5. Change without regulatory effect amending division heading and section filed 10-17-2011 pursuant to
section 100, title 1, California Code of Regulations (Register 2011, No. 42).
§ 2301. Tenses, Gender and Number
For the purpose of the rules and regulations contained in this chapter, the present
tense includes the past and future tenses, and the future, the present; the masculine
gender includes the feminine, and the feminine, the masculine; and the singular
includes the plural, and the plural, the singular.
HISTORY
1. Editorial correction restoring inadvertently deleted section (Register 2012, No. 19).
§ 2302. Definitions
(a) For the purpose of the rules and regulations contained in this chapter, the term
"bureau" means the Cemetery and Funeral Bureau; the term "Code" means Business
and Professions Code; and the term "Act" means the Cemetery Act.
(b) For the purpose of cemetery section development or modification after January
1, 1990, the term "development" means the creation of new interment spaces through
the construction of a mausoleum, columbarium, or an in-ground interment section
(excluding private mausoleums and/or columbariums) and the term "modification"
means the addition, deletion or reconfiguration of interment spaces within an existing
cemetery section, mausoleum, and/or columbarium.
Note: Authority cited: Sections 9630 and 9631, Business and Professions Code. Reference: Section
8550(d), I-lea/th and Safety Code.
HISTORY
1. New subsection (a) designator, new subsection (b) and new Note fifed 11-10-98; operative 12-10-98
(Register 98, No. 46).
2. Cl1ange without regulatory effect amending subsection (a) and Note filed 10-17-2011 pursuant to
section 100, title 1, California Code of Regulations (Register 2011, No. 42).
&
January 2016 Page 1
' -4 PPV Gt/r:J 2V1Jt1tct CWc6:
CHAPTER 17.96 -DEFINITIONS
17 .96.490 -Cut.
"Cut" means an excavation of the earth.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.560 -Development.
"Development" means, on land in or under water, the placement or erecting of any solid material
or structure; the discharge or disposal of any dredged material or of any gaseous, liquid, solid or
thermal waste; the grading, removing, dredging. mining or extraction o[.anv materials;
f!1J@m~~[!L!l!lf:Jl,~~~!L!~,£LJ:!JJ.l£!1.iill.i~L'!::t~'LU:!!!l!!, including, but not limited to, a subdivision
pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government
Code) and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for public
recreational use; change in the intensity of use of water or of access thereto; ff)nstructio11,
reconstruction, demolition or alteration of the size~, including any facility of any
private, public or municipal utility, and the removal or harvesting of major vegetation other than
for agricultural purposes. As used in this definition, "structure" includes, but is not limited to,
any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power
transmission and distribution line. ·
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.580 -Development site.
"Development site" means the total area where a project exists or is proposed. A development
site may encompass more than one lot.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.585 -Development standard.
"Development standard" means a site or construction condition including, but not limited to, a
height limitation, a setback requirement, a floor area ratio, an onsite open-space or lot coverage
requirement, or a parking ratio that applies to a residential development IJ.Ursuant to anr
ordinance, general plan element, specific plan, charter amendment, or other local condition, law,
policy, resolution, or regulation.
(Ord. 474 § 18, 2008)
(Ord. No. 495, § 14, 10-6-09)
1
17.96.650 -Excavation.
"Excavation" !?Jeans auv act which earth, sand, gravel, rock or other similar material is cut
into, dug, quarried, uncovered, removed. dis11laced1 relocated or bulldozed and shall include the
conditions resulting therefrom.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.660 -Export.
"Export" means excess earth material that is removed from a grading project and deposited off-
site or the process of removing earth material and depositing it off-site.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17 .96. 720 -Fill.
"Fill" means mtj! act hv which earth, sand, gravel, rock or any other similar material!.§.
devesited, placed, pulled or transported by man, and shall include the conditions resulting
therefrom.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.790 -Grade, finished.
"Finished grade" means the ground surface a{ter alteration hv arti(icial means.
(Ord. 320 § 7 (part), 1997)
17.96.800 -Grade, natural.
"Natural grade" means the ground surface unaltered by artificial means.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.810 -Grade, preconstruction.
"Preconstruction grade" means the gromui sur..{ace as it exists prior to any proposed alteration.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
2
17 .96.820 -Grading.
"Grading" means excavation or tm, or mu1 COJ,!lbjpation t!J.£1Eli; and includes the conditions
resulting from any excavation or fill.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.830 -Grading, balanced.
"Balanced grading" means cutting and filling of a site which does not require the export or
import of earth material.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.850 -Grading plan.
"fi.t!!J11!1[{,,J!l!Lf1." means [LJJl!21.12i!J!1. of a subject property, at a reasonable scaleJJJgjillfringJJlL
property lines, easements, accurate contours (at a minimum of five foot intervals) " .. b.;"""''~'·'·; .. ; .. ;.,;:c,
{Qfl{!gJ:f!Jllli(;,,J"'i.!l!JfjjjQJli and finished contours (at a minimum of five foot intervals) of all
proposed grading. The plan shall also identify the location of all existing and proposed structures
located within fifteen feet of the proposed grading, whether or not the structure is located on the
lot to be graded; typical and highest/greatest point cross-sections of any proposed retaining walls,
cut slopes and fill slopes; and clearly labeled areas of proposed cut and fill.
(Ord. 320 § 7 (part), 1997)
17.96.860 -Grading, remedial.
"Remedial grading" means excavation, fill or any combination thereof, which involves the
,_,,~;,,,,-;;,,;o~;,;""'"'"''c"·'"'",;;;;J,.,~;:;,,;;,,=c .. .:.~:;;.=;,;~,,:,.;;. for the purpose of reestablishing the stability and continuity of
said area.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.1040 -Lot.
"Lot" means:
A.
A parcel of real property with a separate and distinct number, or other designation, shown on a
plat recorded in the office of the county recorder; and/or
3
B.
A parcel of real property delineated on an approved record of survey, lot split or subparceling
map as filed in the office of the county recorder or the director, and abutting at least one public
street; and/or
c.
A parcel of real property containing not less area than required by the district in which it is
located, abutting at least one public street and held under separate ownership from adjacent
property prior to the effective date of this title or Title_J_Q (Subdivisions).
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.1340 -Parcel.
"Parcel" means an area of contiguous land owned by a person(s).
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.1920 -Site.
"Site" means a lot or parcel of land or a series of lots or parcels of land which comprise a single
development or use.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.1930 -Site plan.
"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning,
all o{t!le structures, improvements and uses pro12,osed {or a speci{lc site.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.2180-Use.
"Use" means the purpose for which land or buildings are or may be arranged, designed, intended,
occupied or maintained.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.2190-Use, ancillary.
"Ancillary use" means a use that is appropriate, incidental and customarily or necessarily related
to tile ~rimarv use of the land, building or structure, and is located on the same lot as the
primary use and is dependent upon the primary use for the majority of its utilization or activity.
4
(Ord. 320 § 7 (part), 1997)
17.96.2210-Use, primary.
"Primary use" means the most important purp,ose for which a particular zoning disil~
established. Thus, for example, in a residential district it would be dwellings; in a commercial
district it would be the retail sale of goods, the provision of services to the public and office
functions; in institutional districts it would be major, public/quasi-public institutional and
auxiliary uses; in cemetery districts it would be permanent interment.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
17.96.2200 -Use development or alteration.
"Use development or alteration" means any human activity involving the changing of
topography o(the land, erection of buildings or structures, the creation ofland coverage,
subdivision of land, the construction of drainageways or conduits, removal or destruction of rare
or endangered species of vegetation or wildlife, the transmission of storm or waste water and any
other similar activity; or the maintenance of any activity upon land.
(Ord. 320 § 7 (part), 1997: Ord. 277 § 8 (part), 1992)
5
Chapter 17.28 -CEMETERY (C) DISTRICT
CJ Sections:
o 17.28.010 -Purpose.
o The cemetery district provides for the permanent interment of human remains.
(Ord. 320 § 7 (part), 1997: Ord. 187 § 8 (part), 1984)
o 17.28.020 -Uses and development permitted.
o Only the following uses may be conducted or constructed in cemetery districts:
A
Temporary special uses and developments, if a special use permit is first obtained,
pursuant to_QJ.®-t~rJ.1...:...62 (Special Use Permits);
B.
Commercial filming or photography, if a city film permit is first obtained, pursuant to
ChaQter 9.1.§. (Still Photography, Motion Picture and Television Productions) of this
Municipal Code;
C.
Temporary vendors, if a temporary vendor permit is first obtained, pursuant to__Q_hagter
J]_J32 (Special Use Permits); and
D.
Other uses as provided in any applicable overlay or special districts.
(Ord. 320 § 7 (part), 1997)
o 17 .28.030 -Uses
o The following uses may be permitted in the cemetery district, eursuant to a ·
conditional use permit, as per Chap_ter 17.60 (Conditional Use Permits):
A.
Burial park for mausoleums for vault or crypt interments and/or
columbarium for cinerary interments;
1
B.
Mortuary;
C.
Associated sales and office uses directly related to the operation of the cemetery,
including flower sales;
0.
Churches;
E.
Developments of natural resources, except in the coastal specific plan district;
F.
Public utility structures;
G.
Small wind energy systems, pursuant to Sec'.Q.QD . .1ZJ3]_, 06Q (Small wind energy
systems); and
H.
Such other uses as the director deems to be similar and no more intensive. Such
a determination may be appealed to the planning commission and the planning
commission's decision may be appealed to the city council pursuant to~J§L1L§Q
(Hearing Notice and Appeal Procedures). If a proposed use or development is located
in the coastal specific plan district, the city's final decision regarding such other use may
be appealed to the California Coastal Commission for a determination that the uses are
similar and compatible with the local coastal program.
(Ord. 481 § 22, 2008; Ord. 377 § 10, 2002: Ord. 320 § 7 (part), 1997: Ord. 187 § 8
(part), 1984)
c 17 .28.040 -General development standards.
The following standards shall apply to cemetery districts:
2
A.
1.
Front and Street Side. The front and street side setbacks shall be twenty-five feet.
2.
Interior Side and Rear. If abutting a residential zoning district, the interior side
and rear setbacks shall be fortv feet. If abutting a nonresidential zoning district, the
interior side and rear setbacks twenty-five feet.
B.
C.
Roof Equipment. All roof equipment shall conform to the height limits specified in
Section 17.48.050 (Lots, Setbacks, Open Space Area and Building Height) and shall be
adequately screened from private properties and the public right-of-way.
D.
Signs. The provisions of Section 17.76.050 (Sign permit) shall apply.
E.
Parking, Loading and Access. The provisions of_Qtl.§.pteI.17.50 (Nonresidential Parking
and Loading Standards) of this title shall apply. Where a cemetery district abuts a
residential district, additional parking requirements may be imposed by the director or
planning commission if warranted by a proposed project or use.
F.
Storage. Except for those outdoor uses permitted by a conditional use permit or special
use permit, all maintenance and groundskeeping equipment shall be housed in
permanent, entirely enclosed structures.
3
G.
Lighting. All exterior lighting in cemetery zoning districts shall conform to the
performance standards of. S§.g_tian 'I 7.5<;3.040 (Environmental Protection). Before any
development is approved, a plan showing the locations and specifications of all exterior
lighting shall be submitted for review and approval by the director.
H.
Transportation Demand Management Development Standards. All development shall
be subject to the applicable transportation demand and trip reduction measures
specified in Section 10.28.030 (Transportation demand management and trip reduction
measures) of this Municipal Code. Any transportation demand or trip reduction
measures required pursuant to Section 10.28.030 (Transportation demand
management and trip reduction measures), shall be implemented in accordance with all
applicable standards and specifications of this title.
I.
Deliveries and Mechanical Equipment. Where a cemetery district abuts a residential
zoning district, all deliveries of goods and supplies; trash pick-up, including the use of
parking lot trash sweepers; and the operation of machinery or mechanical equipment
which emits noise levels in excess of sixty-five dBA, as measured from the closest
property line to the equipment, shall only be allowed between the hours of seven a.m.
and seven p.m., Monday through Sunday, unless otherwise specified in an approved
conditional use permit or other discretionary approval.
J.
~.~~=~~~~·~~·=~~~~"G~~~·~.~~~%=~=~·~~~=~=~=~=~~~~=~=~~~~~~~~ ~IJ.gang
~=~~~~,~~-:z~=~"="'~=~~~~=~~.~~~·~~~=~~~~~~~~~-~~~~=~~~:.:~~=~=~~,~~=,and
fJS!J!l1jonal setbacks for structures, parking and activity areas mav. be imposed bJt.
the director and/or planning commission.
(Ord. 320 § 7 (part), 1997: Ord. 187 § 8 (part), 1984)
4
Chapter 17.60 -CONDITIONAL USE PERMITS
O Sections:
o 17.60.010 -Purpose.
A.
B.
Appropriate as accessories to the development of neighborhoods or the city; or
C.
!!!iwJJNl~_!fl.~Q[J}J1.SLS!lfill:1ftsJflJ!J!~are lisj;fg;[_;;ns J?Jff!!llt~d,
:..="'"'"';;;;~~-=~:;;:,._;;;;.;:;;.,,;:,,,==~;:;.;;;...;~_.1,1_;;.,;;;~"'·'""' but requiring specific consideration of the
proposed use or development.
(Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
o 17.60.020 -Application.
c A.
The application for a conditional use permit shall be filed on forms provided bl!.
the citY.: A person may not file, and the director shall not accept, an application which is
the same as, or substantially the same as, an application upon which final action has
been taken by the director, by the planning commission, or by the city council within
twelve months prior to the date of said application, unless accepted by motion of the
planning commission or city council, or the previous application is denied without
prejudice by the planning commission or city council.
B.
An application shall contain full and complete information pertaining to the request.
1
C.
The director ';;LJt:U'2JlifL.f!.tIU2fL';:::f2JJ}l}1f1~~¥.l:;i.n shall investigate the facts bearing_ on
each case to provide information necessary to assure action consistent with the intent
and purposes of this title.
D.
In cases where the director considers the conditions set forth on the application not
within the scope of the conditional use permit procedure, the applicant shall be so
informed. Whereupon, if the application is filed, it shall be signed by the applicant to the
effect that he or she was so informed. Filing of an application does not constitute an
indication of approval.
E.
In no event shall the acceptance of an application by the city be construed as support
for, or the eventual approval of, the proposed use.
F.
For multi-family residential and nonresidential development applications, a temporary
framework silhouette of the proposed project shall be required to be constructed as part
of an application. Said application will not be deemed complete until the applicant has
submitted a signed statement agreeing to construct said silhouette when directed to do
so by the director some time prior to the public hearing on the application. The
silhouette shall be constructed in accordance with the guidelines established by the city
council for nonresidential construction projects.
(Ord. 463 § 9, 2007: Ord. 340 § 8 (part), 1998: Ord. 320 § 7 (part), 1997: Ord. 78 (part),
1975)
iJ 17.60.030 -Filing fee.
CJ The filing fee for a conditional use permit shall be as established by resolution of the
city council.
(Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
o 17.60.040 -Public hearing.
0 A.
The public hearing notice shall be published in a newspaper of general circulation
and given to owners of property located within five hundred feet of the project, to all
2
persons requesting notice, to any affected homeowner associations, and the applicant
pursuant to Section '17.80.090 of this title.
B.
Conditional use permit amendment apelications shall require a public hearing
filld notice similar to an initial conditional use permit application. However,
conditional use permit amendment applications for master television antennas in
multiple-family developments, including residential planned developments, do not
require a public hearing.
C.
Not more than forty days following said hearing, :·::.~ .. :::""'.::.:,,::::,;;.::: . .;;,,:.;..::::L •. :;:,;;-;;.:;;.::: ... :.::: .• ::.::;,:c..:.::·.:~ •. :::: .. :;.:::::.:.
"'"·'°'·"··:::..::;.; .• : .. ::: .. :: .... :.::::: .•. :;.:,: ... ::::,;;.::: . .:.'"':;;;:.•as per S~L].60-'-05Q of this chapter, by formal resolution.
The resolution shall recite the findings of the planning commission and set forth the
conditions deemed necessary to protect the health, safety and welfare of persons
residing in the neighborhood and in the community as a whole.
(Ord. 320 § 7 (part), 1997: Ord. 166 § 11, 1983; Ord. 90 § 6 (part), 1977; Ord. 78 (part),
1975)
c 17.60.050 -Findings and conditions.
c A
1.
That the site is adequate in size and shape to accommodate the proposed use and for
all of the yards, setbacks, walls, fences, landscaping and other features required by this
title or by conditions imposed under this section to integrate said use with those on
@sJiacent land and within the neighborhood;
2.
That the site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use;
3.
3
4.
That the proposed use is not contrary to the general plan;
5.
That, if the site of the proposed use is within any of the overlay control districts
established by ChaRter 1? .40 (Overlay Control Districts) of this title, the proposed use
complies with all applicable requirements of that chapter; and
6.
That conditions regarding any of the requirements listed in this paragraph, which the
p I an n i ng commission finds to be ~,;;.;;;~:::;--~~:::~":::""i,.. .. ;;.:::~J:::~~I::~~"':-~::.~ .... ~~-:.:;-,;...;;;; .. ;,~::~::.~;;J:....~;;.;:.:;-.;;Jc .... :~''-':,.,,;.,,,;t. .. :;: .. ;:,,; .. ·;;:.:.::::~.
a.
b.
Fences or walls;
c.
Lighting;
d.
Vehicular ingress and egress;
e.
Noise, vibration, odors and similar emissions;
f.
Landscaping;
g.
Maintenance of structures, grounds or signs;
4
h.
Service roads or alleys; and
i.
Such other conditions as will make possible development of the city in an orderly and
efficient manner and in conformity with the intent and purposes set forth in this title.
B.
Conditional use permits may be granted for such period of time and upon such
conditions and limitations =~~=,.:-~::l,;:;;:~~=-:.;::;,, . .;:,";;~.:=~~"'"::;;.;:=~:Jb:::~::;;;;""'~;::"''""'";:;;;,
=~.;~.:;;;;,..~;;;;,,;;,.;:;;~~:,,;" Such conditions shall precedence over development standards
otherwise required by the underlying zoning of the subject site.
c.
For multiple use developments under a conditional use permit, where the uses
permitted in the development are specified in the conditional use permit resolution, the
uses permitted in the zoning district shall not apply unless such uses are among those
permitted by the conditional use permit.
D.
When deemed desirable, the planning commission mav add conditions requiring
future review or updating of maintenance, development elans and activities.
E.
F.
When required, the findings, recommendations and notices thereof shall be filed in
conformity with the provisions set forth in ~£.QJion '17""§~05Q of this chapter.
(Ord. 320 § 7 (part), 1997: Ord. 259 § 2, 1990: Ord. 78 (part), 1975)
o 17.60.060 -Appeal.
o Any interested person may appeal any decision of the planning commission or any
condition imposed by the planning commission pursuant to_~ter 17.SQ (Hearing
Notice and Appeal Procedures) of this title.
5
(Ord. 320 § 7 (part), 1997: Ord. 90 § 6 (part), 1977: Ord. 78 (part), 1975)
c 17.60.070 -Time limit.
c Before approving any conditional use permit, the planning commission shall establish
a time limit within which the applicant shall commence upon the permitted use, as that
phrase is defined in~9...:07Q (Enforcement) of this title. The time limit shall be
a reasonable time based on the size and nature of the proposed development. If no
date is specified by the planning commission or city council, a conditional use permit
shall be valid for one year from the date of final action on the permit or approval. All
such permits shall be null and void after that time unless the applicant has commenced
upon the permitted use, as that phrase is defined in Section 17.86.070 (Enforcement) of
this title. Upon a showing of substantial hardship, delays beyond the control of the
applicant, or other good cause, the planning commission or city council may extend this
period one time for up to one additional year.
(Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
o 17.60.080 -Failure to comply.
c If the time limit expires and no extension has been granted, or if any of the conditions
to the use or development are not maintained, then the conditional use permit shall be
null and void. Continued operation of a use requiring a conditional use permit after such
conditional use permit expires or is found in noncompliance with any condition of a
conditional use permit shall constitute a violation of this title.
(Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
::::; 17.60.090 -Amendments.
:,__.)
· .. •·· <to S~1LI§..04Q (Miscellaneous).
(Ord. 320 § 7 (part), 1997)
o 17.60.100-Revocation.
A conditional use permit granted pursuant to this section may be modified, revoked or
suspended pursuant to Section 17 .86. 060 (Enforcement) of this Code.
(Ord. 320 § 7 (part), 1997)
6
..
• J:L]J?_,_QlQ -FQ.Q_.)vaivers.
.. )]_]_ 8. Q~2 O :_A cgs;,pu111c;_Q o f co mJlt0J.l~
• l 7. 78 . .QlQ.....::_Cm1si~\.~n;l_t_i_QD_ of_wulti rtl.e a12plii,;_gtiQJJS.
• LLIBJH_Q_: A n1c:.1J.<:l nl_G_Q_t;;_to ~-U2R ro v ecl.Jll2R.li.c:.B_jj_Q.ll;i,,
• 17.78.050 -lnterpretatiQIL12I9Cedure.fQJ:J.U2J2roVecl QI2Q_ljcation.~
• o Sections: Chapter 17.78 -MISCELLANEOUS
o 17 .78.01 O -Fee waivers.
DA
Except for the application fee exemptions described in Sections 17.78.01 O(E) and (F) of
this chapter, no appeal, application for a permit or approval under _Il1Li;-1.2 .. _Title 'IE?. or
ILtL§.Jl of this Municipal Code may be accepted unless the applicant pays all necessary
application, appeal and/or penalty fees as established by the city council. The director
may accept requests for waiver of application, appeal and/or penalty fees for
presentation to the city council. If a fee waiver request is submitted concurrently with an
application or appeal, the application, appeal and/or penalty fee shall be paid by the
applicant and the paid fee shall be held by the city until a determination is made on the
accompanying fee waiver request.
B.
The city council may, in its discretion, grant such a waiver if it finds:
1.
The applicant or the beneficiary of the use or activity proposed by the applicant is a
nonprofit corporation registered with the state of California;
2.
The use or activity proposed or the activities of the beneficiary of the use or activity
proposed are charitable, educational or otherwise provide a substantial benefit to the
public; or
3.
The applicant has demonstrated a financial hardship, as determined by the city council,
on a case by case basis.
1
C.
The city council may, in its discretion, grant a fee waiver without making the findings
specified in_§2ction 17-'-?8. 01 O(B) of this chapter, if the applicant has been granted a
variance due to administrative error pursuant to Section '17.64.020(C) (Variances) of
this title.
D.
The city council may, in its discretion, grant a penalty fee waiver without making the
findings specified in Section '17. 78.0'I O(B) of this chapter, if the applicant has previously
paid the penalty fee for an after-the-fact application that was denied without prejudice,
and is submitting a subsequent, modified version of the after-the-fact application within
one year of the denial of the previous application.
E.
Registered nonprofit 501 ( c)(3) corporations that are registered with the secretary of
state and which are located or conduct business in the city of Rancho Palos Verdes or
provide services available to city residents, shall, upon submittal of reasonable proof as
to nonprofit 501 (c)(3) status, be exempt from the requirement for payment of application
fees associated with processing certain planning applications. This exemption shall
apply only to the following types of applications:
1.
Temporary sign permits;
2.
Special use permits;
3.
Sign permits;
4.
Site plan review applications (only where no new expansion of building space or lot
coverage is proposed); and
5.
Conditional large domestic animal permits.
2
This fee exemption shall not be construed as waiving the requirements for submittal and
review of the required applications and associated information. This fee exemption shall
not apply to appeal fees, penalty fees or fees for building permits or plan check
services. Fee waivers for appeal fees, penalty fees and/or building permits or plan
check services shall be processed in accordance with the procedures described in
§.~cti_pn 17 ]8.01 Q of this chapter.
F.
Any permit or application fees (excluding city consultant review fees) associated with
the proposed reconstruction of a building or other structure (or portion thereof) that has
been damaged or destroyed by fire, earthquake, landslide or an involuntary act of the
property owner shall be waived, provided that the rebuilt building or structure is no more
than two hundred fifty square feet larger than it was prior to the damage or destruction,
and provided that the applicant can demonstrate that said fees are not covered by the
applicant's homeowners' insurance policy. In the event that three or more properties are
affected by any single incident, the city council may, in its discretion:
1.
Grant a fee waiver without making the findings specified in_§_§gj;ion_J7.78.01.Q(B) of this
chapter; or
2.
Deny the waiver in its entirety or grant only a partial waiver, based upon a finding of
adverse fiscal impact to the city.
(Ord. 463 § 6, 2007: Ord. 354 § 7 (part), 2000: Ord. 320 § 7 (part), 1997)
1_; 17.78.020 -Acceptance of conditions.
c Any discretionary permit or approval which has been approved by the director,
planning commission or city council pursuant to stated conditions shall be null and void
on the ninety-first day after it is granted or upon issuance of a building permit, whichever
occurs first, if the applicant has not prior to that date informed the director in
writing of his or her acceptance of the conditions of ap12roval. While this written
acceptance may form the basis of an estoppel against the applicant, it shall not create
any contractual relationship between the city and the applicant.
(Ord. 320 § 7 (part), 1997)
3
D 17.78.030 -
[! A.
When more than one permit, variance or other approval under Titles 16 and 17 of this
Code is necessary for a single development project or use, the applicant shall submit
all the applications simultaneously and the applications shall be e_rocessed
concurrently. Further, all the applications may be considered by a single officer or
agency of the city pursuant to this section.
B.
If any of the applications would be presented to the planning commission for initial
consideration if filed singly, all the applications shall be presented to the planning
commission as a package. The planning commission shall then have the authority to act
on each application as if the planning commission were the officer, or agency of the city,
authorized to act on such an application by Ti~_e 12 or_ Title 17 of this Code.
C.
If none of the applications would be presented to the planning commission for initial
consideration if filed singly, then all the applications shall be acted upon by the director
as a package. The director shall then have the authority to act on each application.
D.
A decision of the director on a group of applications pursuant to this section may be
appealed to the planning commission pursuant to Section 17 .80.05Q (Hearing Notice
and Appeal Procedures) of this title. A decision of the planning commission on a group
of applications, pursuant to Sec!j_on_1L.ZJ;LP3Q of this chapter, may be appealed to the
city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures) of
this title. An appeal of an application that is part of a package shall serve as an appeal
of the entire application package.
E.
Unless an appeal is referred to the director pursuant to. SectioLL.1L8QJ)_§_Q(E) (Hearing
Notice and Appeal Procedures) of this title, or to the planning commission pursuant to
§§_gtiooJ7.80.080(A)(5) (Hearing Notice and Appeal Procedures) of this title, the
appellate body may, in its discretion, consider any issue, any permit or approval
approved in the appealed package, whether or not raised or identified in the notice of
appeal. Unless an appeal is authorized by this subsection E, all decisions rendered
pursuant to this section shall be final when rendered.
4
F.
If any of the applic_ations presented to the planning commission require final
if!PJJ.rovai bl{ the g.fty council, if filed singly, then all the applications shall be
forwarded to the Cit'ILccmncil for final action.
(Ord. 320 § 7 (part), 1997)
o 17.78.040 -Amendments to approved applications.
D A.
An amendment, which proposes a substantive revision to the plans or project
approved by an application that has been granted in accordance with this title, may be
initiated by the property owner, at any time it is deemed necessary or desirable, upon
petition to the director and submittal of a fee, as established by resolution by the city,
council. The determination of what constitutes a substantive revision shall be
!JlilSJe bY.: the director. Amendments to the project shall include, but are not limited to,
the deletion or modification of existing conditions of approval, or the inclusion of new
conditions of approval.
B.
The amendment to the project shall be considered bJl the same body: which took
!JJ.JpJif!J!Li!.:r?J'.lQru in granting the original application, utilizing the same hearing_§!!JJJ.
noticing procedures, review criteria and appeal procedures as re~.llY.J!Jl§.
title, for consideration of the original application.
(Ord. 320 § 7 (part), 1997)
A.
In cases of uncertainty or ambiguity as to the meaning or intent of any decision granted
in accordance with this title, or to further define or enumerate the conditions of approval
of an approved application, an interpretation procedure shall be rr~tf'~"'.1'.'l'Jo::"''i'",.,;,~,,,.="'.:~~::J •. ";;.~;,;;
!'J.!,!!.l1£ttL~:!'li'!.llil,!Lt~l!J'.~~.J,!JLJ,JL!l!iL~,r~15,;1""'2!Yll~L!l .. Jdl!!!tl!'ll!d~{l · Sa id interpretation review may
be initiated by the director, planning commission, city council or upon the written request
of the property owner Said interpretation review shall
utilize the same notice, hearing process and review criteria required bv this title
for consideration of the original apPlication. The interpretation review procedure
shall be applied, but not be limited to the following situations:
5
1.
Discree@ncies between aeproved plans and subsequently revised 12Jans;.
2.
Interpretations of conditions of approval;
3.
New issues stemming from construction of the approved project which were noJ
addressed or considered as part of the original project approval;
4.
New minor project modifications that are similar in scope to the project considered
under the original application; and
5.
Minor modifications to the approved project as a result of and in conjunction with city
decisions on subsequent discretionary applications.
B.
In cases involving the interpretation of a decision of the planning commission and/or city
council, the director shall prepare a written interpretation and transmit it to the
fmll.!Of2.riate review body. The director's written interpretation shall include a
determination on whether said interpretation decision constitutes a minor,
nonsubstantial revision to the approved application. Upon review of the director's
interpretation, the appropriate body shall either:
1.
Concur with the director's interpretation, and if the interpretation results in a minor
revision to the approved application, approve the revision by minute order; or
2.
Make a determination that the subject interpretation mav result in a substantilf£
revision to the originally approved application and thus require a formal review
hearing; utilizing the same hearingi noticing requirements, review criteria and
appeal procedures, required by this title1 for consideration of the original
J;Wplication.
6
C.
In cases where the interpretation review is initiated by the director, planning commission
or city council, no fee shall be required. In cases where the interpretation review is
initiated by an applicant/property owner or interested party, a fee, as established by
resolution of the city council, shall be required. Cases in which an interpretation review
shall be considered as initiated by an applicant/property owner or interested party
include but are not limited to:
1.
Situations in which there is a difference of opinion between the director and an applicant
or interested person as to whether a subsequently revised plan is consistent of the
originally approved plan; and the applicant or interested person seeks the opinion of the
review body which took the final action on the approved application; and
2.
Situations in which there is a difference of opinion between the director and an applicant
or interested person on the interpretation of a condition of approval, and the applicant or
interested person seeks the opinion of the review body which took the final action on the
approved application.
(Ord. 320 § 7 (part), 1997)
7
CITY OF
June 28, 2016
Mr. John Resich
Chairman of the Board
Green Hills Memorial Park
27501 S. Western Avenue
Rancho Palos Verdes, CA 90275
RANCHO [:JALOS VERDES
OFFICE OF THE CITY MANAGE!~
Re: Inspiration Slope Rooftop Bui:ials; Waiver of Claims
Dear Mr. Resich:
This letter memorializes the agreement between the City of Rancho Palos Verdes (City)
and Green Hills Memorial Park (Green Hills) regarding the placement of concrete vaults on the
rooftop of the Inspiration Slope Mausoleum (the Mausoleum) by Green Hills. The representatives
of the parties reached an oral understanding to permit placement of concrete vaults on the rooftop
of the Inspiration Slope Mausoleum provided that Green Hills agrees that the placement of the
vaults does not provide Green Hills with: (i) any entitlement to conduct rooftop burials on the
Mausoleum; or (ii) any claims for damages concerning the placement of the vaults should the City
deny Green Hills' application for rooftop burials on the Mausoleum. This letter agreement
confirms the oral understandings.
1. Factual Baclfground
Green Hills operates a memorial park and cemetery located in the City. Green Hills'
operation and development of the memorial park is governed by the 2007 Master Plan, including
all later amendments (the Master Plan), and by City Council Resolution No. 2015-12, revising and
amending conditions of approval for Green Hills' Conditional Use Permit (CUP) and amending
the Master Plan (the Resolution). The Master Plan contemplates the construction of the
Mausoleum in Area 2 of the memorial park, and further contemplates the possibility of rooftop
burials thereon.
The CUP's conditions of approval were revised and updated due to a recent controversy
surrounding rooftop burials at another of Green Hill's mausoleums, the Pacific Terrace/Memorial
Terrace Mausoleum in Area 11. The rooftop burials in the Pacific Terrace Mausoleum are visible
from the condominium building just north of the structure, and have generated complaints and
litigation. The City has expended significant public resources to resolve the issues surrounding the
rooftop burials, and will expend significant further resources in the foreseeable future to resolve
the litigation.
30940 1-11\W fllOF~NE llLVD. I f:(;\NCHO l)ALOS VEl<Dl'S. Cl\ 90275-5391 I ('.11()) ~i44 5201 / Fi\X (~\iO) 544-5291 / WWW.l~l'VCAUOV
. Pi<INllD ON PECYCLED IJ.\PEf<
Mr. John Resich
June 28, 2016
Page2
Green Hills acknowledges that the Resolution amended Green Hills' CUP, which now
provides for an administrative substantial compliance review so that, except for improvements
consistent with the Master Plan or those subject to the Planning Commission, all improvements
must be reviewed by the Director to determine if they substantially comply with the Master Plan
(Condition l .k.). Condition 1.k. specifically provides that review of an application for rooftop
burials can be performed by the Director. The Director can, at his or her discretion, refer a matter
directly to the Planning Commission. Condition 2 provides that the following matters are directly
reviewable by the Planning Commission: (i) the construction or modification of a mausoleum or
other significant building, (ii) any significant change to the grading, (iii) any development of a
future phase of Green Hills where the Master Plan has not designated a development plan or uses,
or (iv) any amendment to the Master Plan.
Thus, while rooftop burials at Inspiration Slope are contemplated in the Master Plan,
Condition l .k. of the CUP now provides that Green Hills may not perform such burials prior to
obtaining administrative approval from the Director or the Planning Commission, pursuant to the
Resolution.
In anticipation of possible rooftop burials, Green Hills has purchased and with the oral
understanding memorialized herein, installed concrete vaults on the roof of the Mausoleum. Green
Hills intends to cover the vaults with dirt and ground cover, per Condition 22 of the CUP. However,
Green Hills has not to date filed an application to conduct rooftop burials at the Mausoleum per
Condition 1.k of the CUP. Unless and until Green Hills obtains permission from the Director or
the Planning Commission, Condition l.k provides that Green Hills may not perform rooftop burials
at the Mausoleum.
Green Hills does not have a readily available storage space for the vaults which have been
ordered and has requested that it be allowed to (i) install the vaults on the roof top, and (ii) bury
and backfill them. The City Manager has agreed that Green Hills may store the empty concrete
burial vaults on the roof of the Mausoleum, and that such vaults shall be buried and the entirety of
the roof shall be backfilled with dirt and ground cover, provided that Green Hills waives any claims
for damages against the City related to the placement of the vaults should rooftop burials not be
approved for the rooftop at the Mausoleum.
Accordingly, if Green Hills submits an application to perform rooftop burials at the
Mausoleum, and should the application be approved by the City, the concrete vaults may be
utilized for that purpose. However, in the event that the City decides to deny any application by
Green Hills to perform rooftop burials at the Inspiration Slope Mausoleum, Green Hills agrees not
to utilize the buried concrete vaults for rooftop burials unless and until it complies with applicable
laws and releases the City from any liability or damages to Green Hills related to the placement of
the vaults arising :fi:om such decision, and assumes all risks therefore, as provided below.
Based on the above, and on the City's police power expressly granted to it by state law,
Green Hills agrees that the provisions of this Agreement are reasonable and do not impose an
undue burden on Green Hills, and that the provisions of this Agreement are consistent with the
agreed-to conditions of approval in the Resolution.
.v1r. John Rcsich
··June 28, 2016
Page 3
2. Waiver of Claims Against the City.
Green Hills acknowledges that any future application for rooftop burials at the Inspiration
Slope Mausoleum is within the City's police power expressly granted to it by state law to grant or
deny and is consistent with Condition 41.a. of the CUP. Further, the City shall not be liable to
Green Hills for any loss or damages related to the placement of the vaults whatsoever arising out
of the City's denial of any such application for rooftop burials at Inspiration Slope. Green Hills
waives all rights to future claims for damages arising out of the City's rejection of Green Hills'
application for rooftop burials at the Inspiration Slope Mausoleum, but reserves the right to legally
challenge the validity of any such denial except as may be otherwise provided herein. Green Hills
:further acknowledges that the denial of such an application does not constitute a compensable
interest that would give rise to a takings or other monetary claim.
3. Police Power.
Green Hills acknowledges that the City _has the authority to grant or deny discretionary
applications for uses within the City in part based on concerns of public health, safety, and welfare.
Green Hills agrees that the City retains its authority to determine the appropriateness of rooftop
burials at the Mausoleum at a future date.
Nothing in this Agreement, shall limit the City's authority to exercise its police powers or
governmental authority, or take other appropriate actions to address issues of public health, safety,
and welfare. Green Hills acknowledges that no rights arise under this Agreement as to the City's
police power, including but not limited to, the approval or denial of any required permits. Further,
this Agreement does not constitute a development agreement pursuant to Government Code
Section 65864, and thus the Mausoleum remains subject to all applicable statutes, ordinances,
regulations, and codes.
4. Indemnity.
Green Hills, as a material part of the consideration to the City, shall indemnify, defend,
protect and hold the City, its officers, directors, agents, representatives, City Council members and
employees (collectively, "City"), harmless from and against all liens and encumbrances of any
nature whatsoever which may arise from this Agreement or in the exercise of Green Hills' rights
hereunder, and from any and all claims, causes of action, liabilities, costs and expenses (including
reasonable attorneys' fees), losses or damages arising from City's agreement to allow the
placement of the concrete vaults on the rooftop of the Inspiration Slope Mausoleum, or any act or
failure to act of Green Hills or Green Hills' s agents, employees, construction workers, or invitees
(collectively, "Green Hills"), except those arising out of the sole willful misconduct of the City.
5. Waiver of Civil Code Section 1542.
By releasing and forever discharging claims both known and unknown as provided herein,
Green Hills expressly waives any and all rights under California Civil Code Section 1542 in
connection with any Claim or Liability against the City. Civil Code Section 1542 provides:
Mr. John Resich
June 28, 2016
Page4
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
Green Hills waives and relinquishes any and all rights and benefits which it may have under
Section 1542 of the California Civil Code and any similar code provision or protection. Green
Hills represents that it has performed a full and complete investigation of the facts pertaining to
this Agreement. Nevertheless, Green Hills acknowledges and is aware that it may hereafter
discover facts in addition to or different than those which it now knows or believes to be true with
respect to potential claims, allegations, events and facts set forth herein, but it is Green Hill's
intention hereby to fully and finally settle and release any and all matters, disputes, and differences,
known or unknown, suspected or unsuspected, which may exist, as against the City, and in
furtherance of this intention, the release herein given shall be and remain in effect as a full and
complete general release notwithstanding discovery or existence of any such additional or different
facts.
6. Integration; Amendment.
This Agreement contains all of the agreements of the parties and cannot be modified,
terminated, or rescinded, in whole or in part, except by an instrument in writing signed by all
parties hereto. Green Hills acknowledges that it was permitted to commence installation of the
concrete vaults based on an oral understanding consistent with the terms hereof and which is
memorialized in this letter agreement. Green Hills agrees that it cannot use the fact that it was
allowed to install the vaults pursuant to this agreement against the City or the validity of the City's
actions in any manner in any subsequent legal proceeding.
7. Interpretation and Enforcement; Governing Law.
This Agreement shall be construed and interpreted both as to validity and performance of
the parties in accordance with the laws of the State of California. Legal actions concerning any
dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and
maintained in the Superior Court of the County of Los Angeles, State of California, or in any other
appropriate court with jurisdiction in such county, and the parties agree to submit to the personal
jurisdiction of such court.
8. Prevailing Party Attorney Fees.
In the event that either party shall commence any legal action or proceeding to enforce or
interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to
recover its costs of suit, including reasonable attorneys' fees. The venue for any litigation shall be
Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding, the
interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by
any rules of interpretation providing for interpretation against the party who causes the uncertainty
Mr. John Resich
June 28, 2016
Page 5
to exist or against the drafting party. This Agreement shall be governed by and interpreted under
the laws of the State of California.
9. Severa~ilijy.
If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably
possible.
Please carefully review the terms of this letter agreement and, if you find them acceptable,
execute the enclosed copy. This agreement may be executed in counterparts and by fax signature.
By signing below, Parties represent and warranty that they have authority to bind the Parties to
this Agreement. Please return the executed letter agreement by fax and by enclosing an executed
original in the envelope provided.
Cc: City Council
City Clerk
Sincerely,
Doug Willmore
City Manager
I HA VE RECEIVED THE ORIGINAL OF THIS LETTER AGREEMENT AND
UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE TO THEM. I
HA VE THE AUTHORITY TO SIGN ON BEHALF OF AND BIND GREEN HILLS.
Dated: June 28, 2016
JohnResich
Chairman of the Board
TO:
FROM:
DATE:
SUBJECT:
CITY OF RJ\NCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
OCTOBER 2, 2018
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
2 Letters from: A Portuguese Bend Resident; Gordon Leon; Emails from:
Gordon Leon; Ellen & Joan Wright; Kyle Rice
**PLEASE NOTE: Materials attached after the color page(s) were submitted
through Monday, October 1, 2018**.
Respectfully submitted,
W:\01 City Clerk\LATE CORRESPONDENCE\2018 Cover Sheets\20181002 additions revisions to agenda.doc
Octavio Silva
It has been brought to our attention that there will be a code amendment on the York Point View
Properties and a City wide amendment to produce residential buildings. I strongly advise against this
and the changing the amendment. I want to have our voice herd in making sure things stay the way they
are. I can understand where the city is coming from in looking at changing this amendment. The more
possible structures the more potential tax dollars to the city. The structures create a problem and would
in my experiences open the flood gates for more structures to be built in the future. Because once
amended it is easier to amend again and again. The land is already moving and sliding having been a
resident for over 40years we have witnessed this first hand. Adding more structures jeopardizes the
foundation. I would like to also remind the council that antient artifacts have been found on the York
Point View Properties estate and I hope that no structures will be built where they have been found.
Please let it be known that we object this amendment change. For the potential noise, harm, and traffic
problems that it will create.
Portuguese bend Resident
To: Director of Development and City Council
From: Gordon Leon, Chair, Portuguese Bend Architectural Committee and PBCA Resident
Subject: Landslide Moratorium Amendment
The proposed code amendment for Zone I is not compatible with the Portuguese Bend Community Association in
several key areas. It is logical that 25 acre lots can support larger structures than the average 1/2 acre lots in the
Portuguese Bend Community, but the overall character of the residences and accessory structures should remain in
character as I am sure that most of the lots will effectively be part of our association and use our private roads. I
propose the following changes for your consideration to maintain "Neighborhood Compatibility":
HEIGHT
The PBCA Architectural Standards require:
"2) New residences and additions to existing residences shall be of a design that will follow th
e contour of the ground and provide a low silhouette in general form. Step
down floor levels and roof planes conforming to natural grade are encouraged, as are porches a
nd terraces.
a) The California Ranch house was developed out of the turn-of-the-
century Craftsman bungalow and the period style bungalows of the twenties. The
ranch house is a single floor dwelling, low in profile, and closely related
to terraces and gardens ... "
PROPOSAL: Maintain 16/20' height limitation similar to other RPV areas and allow only one story for
residential structures.
SQUARE FOOTAGE
PBCA maximum is 4000 SF for residence and accessory structures. The amended LME language adds 3200
SF to the existing 8000 SF residence and accessory buildings because other sections of the LME allow a 1600
SF barn and 1600 SF farm equipment building.
PROPOSE: Maintain an overall limit with accessory structures included to control cumulative impact on the
landslide area. This keeps the maximum area clearly stated in one section of the LME, instead of providing
loopholes hidden in multiple sections of the LME that require thorough study to interpret.
SETBACKS:
RPV only requires 5' side yard and 20' front yard setbacks for residential structures in the LME. This is not
appropriate for a 25 acre lot. PBCA requires 20' side yard and 60' front yard setbacks on 112 acre lots.
PROPOSAL: Encourage residential compounds to maximize setbacks from adjacent property owners, and
require a minimum of 100' setbacks.
I recommend that you send this action to the Planning Commission for thorough review prior to making a
decision to mitigate any un-intended consequence with the amended language. Thank you for your
consideration,
Gordon Leon
PBCA Resident
~-
From: Ara Mihranian
Sent:
To:
Monday, October 01, 2018 9:46 PM
Octavio Silva; CityClerk
Subject: FW: Zone 1
Late correspondence.
From: Gordon Leon [mailto:gordon.leon@gmail.com]
Sent: Friday, September 28, 2018 9:21 PM
To: Ara Mihranian <AraM@rpvca.gov>
Cc: Dennis Gardner <dennisggardner@me.com>; kimnelson <kimnelson@cox.net>
Subject: Zone 1
Ara,
Dennis Gardener and I met with Jim York today and discussed his development plans for his 93 acre lot in the lower
portion of filliorum. Jim's lot will not be part of PBCA as it has direct access from PVDS, so it will not be subject to
PBCA Architectural Standards and RPV neighborhood compatibility. The proposed house if planned at the top of the
property, in view of many PBCA houses, but probably does not meet the standard of a "significant" view impairment.
I am concerned about the multiple locations of square footage limitations in the LME and how that would be
impacted by the proposed zoning changes. Jim has been granted entitlements associated with an Agricultural CUP
and would have additional entitlements associated with residential entitlements. It is unclear in the proposed changes,
whether these would be additive or if the previously granted agricultural building requirements would be limited to a
total of 1600SF of barn and 1600SF of agricultural equipment storage making the change an increase of 3200SF
rather than twice that area. It is also unclear if any guest house/granny flat, garage, pool house, etc would be
considered in the allowable area given the current language of the LME or its proposed changes. For these reasons, I
recommend that the City Council direct the overall square footage and height limitations and then direct the Planning
Commission to engage and ensure that the final LME language is as intended.
Please give me a call if you would like to discuss this matter. I will not be able to attend the council meeting on
Tuesday so I hope that you can represent my concerns.
Gordon Leon
310-463-9244
1
From:
To:
Cc:
Gabriella Yap
Ara Mihranian; Octavio Silva
Kit Fox
Subject: Fwd: Oct 2nd
Date: Monday, September 17, 2018 11:22: 11 PM
Get Outlook for Android
----------Forwarded message ----------
From: "Ellen Wright" <ellnfly7er(q)gmail.com>
Date: Mon, Sep 17, 2018 at 11 :08 PM -0700
Subject: Oct 2nd
To: "CC" <CC@rpvca.gov>
Dear City Council,
I am writing this to draw attention To Mr York's request in
proposing changes that could affect our property and surrounding areas. He is
requesting changes to zone one that allows him to build, and at a height of 26'.
This we find concerning and the potential to impede-upon our property which we
have already felt with the current development of Catalina gardens. Also we are
opposed to his request to change the current permits stating Total square footage
to exclude his current buildings used for storage and potential square footage on a
potential home/house.
We of course will be directly affected and are greatly opposed to the request. We
realize that this is not a direct request by Mr York at this time but one that will
lay down the foot steps to what could prevail.
Your consideration in this matter is of great concern to us.
Respectfully,
Ellen&Joan Wright
1 Fruit Tree Rd
RPVCA
From:
Sent:
To:
Subject:
Teresa Takaoka
Tuesday, October 02, 2018 4:02 PM
Nathan Zweizig
FW: Wildlife Agency Comment -10.02.18 Regular Business Item 2
From: Rice, Kyle@Wildlife [mailto:Kyle.Rice@Wildlife.ca.gov]
Sent: Tuesday, October 02, 2018 3:59 PM
To: CC <CC@rpvca.gov>
Subject: Wildlife Agency Comment -10.02.18 Regular Business Item 2
The California Department of Fish and Wildlife and the United States Fish and Wildlife Service, collectively referred to as the
Wildlife Agencies, have reviewed the Agenda Report for Regular Business Item 2, on the Rancho Palos Verdes City Council
Agenda for October 02, 2018. We have discussed this item with City staff and they have indicated they plan to make a
statement during the meeting to specify that any development project approved under Exception Category 'T' under the City's
proposed Ordinance would still be required to maintain consistency with the requirements of the City of Rancho Palos Verdes
Final Draft 2018 Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) that was approved for submittal
to the federal register during the Council's March 29, 2018 meeting. The Wildlife Agencies fully support the City's
implementation of the NCCP/HCP and requiring the future projects maintain consistency with the document.
Thank you,
Kyle Rice
Environmental Scientist
California Department of Fish and Wildlife
{858) 467-4250
3883 Ruffin Road
San Diego, CA 92123
1 Q.
TO:
FROM:
DATE:
SUBJECT:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CITY CLERK
OCTOBER 1, 2018
ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA
Attached are revisions/additions and/or amendments to the agenda material received
through Monday afternoon for the Tuesday, October 2, 2018 City Council meeting:
Item No. Description of Material
2 Email exchange between Senior Planner Silva and Kathy Stapel
Respectfully submitted,
W:\01 City Clerk\LATE CORRESPONDENCE\2018 Cover Sheets\20181002 additions revisions to agenda thru Monday.doc
From:
Sent:
To:
Subject:
Octavio Silva
Tuesday, September 25, 2018 5:31 PM
CityClerk
FW: October 2nd meeting
Late Correspondence Exception T Code Amendment to be considered by the City Council on October 2, 2018.
Thank you,
Octavio Silva
Senior Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
yyww.rpvca.gov
gctavios@rpvca.gov
(310) 544-5234
From: Kathy Stapel [mailto:kwstapel@verizon.net]
Sent: Tuesday, September 25, 2018 10:22 AM
To: Octavio Silva <OctavioS@rpvca.gov>
Subject: Re: October 2nd meeting
Dear Octavio-
I would like to add a note to Ellen's email, and that is if the city begins to allow exceptions for one individual then
they must allow exceptions for others as well.
This sets a precedence which in my opinion becomes risky. In granting exceptions the city begins to undermine the
provisions and codes it has carefully put in place.
If a property owner wishes to build it is vital, for the esthetics and well being of our neighborhoods, that the
governing codes including neighborhood compatibility be adhered to.
Thank you for your time.
Best Regards,
Kathy Stapel
Sent from my iPhone
On Sep 25, 2018, at 8:10 AM, Octavio Silva <OctavioS(iijrpvca.gov> wrote:
Hi Kathy,
After our meeting, Ellen submitted two emails regarding the proposed code amendments, in which she
expresses concerns with the proposal. I'll be including these two emails into the 'Public Correspondence'
section of the staff report. I hope this answers your question, if not please feel free to contact me.
Thank you,
1 J.
Octavio Silva
Senior Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.rpvca.gov
octavios@rpvca.gov
(310) 544-5234
From: Kathy Stapel [mailto:kwstapel@verizon.net]
Sent: Monday, September 24, 2018 8:03 PM
To: Octavio Silva <OctavioS@rpvca.gov>
Subject: October 2nd meeting
Hello Octavio -
As I review the notice letter that Ellen received via email, it states that comments or concerns
regarding Mr. York's petition are to be made to you in writing by September 20, 2018. Our meeting
with you took place the Monday prior to that date and we discussed our concerns about the city
granting exceptions for building codes., specifically in allowing for variations in height and for asking
that current structures be "exempted" from the overall allowable building calculations.
I do not know that Ellen sent you anything officially in writing. Will you be taking our discussion into
account on this matter or do our concerns have to officially be presented in writing?
Thank you for your time.
Regards,
Kathy Wright Stapel
2