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CC SR 20240319 H - 6001 PVDS Point View Special User Permit Fee Waiver Request CITY COUNCIL MEETING DATE: 03/19/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve a Fee Waiver request for a Special Use Permit to the expand wedding ceremony operations of the Catalina View Event Garden (Case No. PLSU2024-0001). RECOMMENDED COUNCIL ACTION: (1) Approve the Applicant’s request to waive fees for a Special Use Permit to temporarily expand operations of the Catalina View Event Garden associated with the Point View Master Use Plan Conditional Use Permit in order to conduct additional wedding ceremonies for the 2024 and 2025 calendar years (Case No. PLSU2024-0001). FISCAL IMPACT: If the Fee Waiver application is approved, the City will not collect the fee revenue of $2,610 for processing the requested Special Use Permit (Case No. PLSU2024-0001). The Staff time involved in processing the permit will be borne by the City’s FY 2023-24 General Fund salary budget. ORIGINATED BY: Octavio Silva, Deputy Direct of Community Development REVIEWED BY: Brandy Forbes, AICP, Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Applicant’s Fee Waiver Request (page A-1) BACKGROUND: On January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013 -02 and 2013-03 approving a Mitigated Negative Declaration (MND) and a Conditional Use Permit (CUP) for the Point View Master Use Plan, respectively, for the property at 6001 Palos Vedres Drive South. The CUP allows for agricultural areas; an executive golf course; a paved internal driveway; and site improvements to host public or private events at the Catalina View Event Garden. The CUP includes a comprehensive set of regulations 1 for the operation of the various Master Plan uses and the Catalina View Event Garden including the number of annual events, hours of operation and noise restrictions. Since the approval of the CUP, the Catalina View Event Garden has conducted private events including, but not limited to, wedding ceremonies and special events of non -profit groups such as Las Candalistas. The CUP authorizes up to 20 events for parties of 20 - 50 people and up to 30 events for parties of 50 people or more. An annual compliance review by the City’s Community Development Department provides an opportunity to ensure that the operation of the Master Plan uses, and event garden continue to comply with CUP regulations. On October 3, 2023, the City Council adopted Resolution No. 2023 -47, declaring a local state of emergency because of the accelerated and significant increase in land movement in the Greater Portuguese Bend Landslide Complex, which includes the Point View property and other landmark properties like the Wayfarers Chapel located at 5755 Palos Verdes Drive South. As a result of the increased land movement in the area, on February 15, 2024, Wayfarers Chapel closed its doors and grounds to the public, leaving many wedding parties without a wedding ceremony venue. On February 28, 2024, the property owner, Jim York, of the Point View property submitted a Special Use Permit application and fee waiver to allow for the operation of up to an additional 50 wedding ceremonies annually for the 2024 and 2025 calendar years in the event garden as well as to expand event garden operational hours from 6:00 p.m. up to 7:00 p.m., and the use of amplified noise in the ceremony lawn in coordination with the additional requested ceremonies. The purpose of the Special Use Permit and the Fee Waiver are to accommodate wedding ceremonies displaced from the closure of Wayfarers Chapel due to landslide activities in the immediate area. City Staff are currently processing the Special Use Permit application, which will require a review by the Director of Community Development. The fee waiver is being presented to the City Council for further consideration. DISCUSSION: Pursuant to Section 17.78.010(C) of the Rancho Palos Verdes Municipal Code (RPVMC), the City Council may grant a request to waive the fees associated with a n application if it finds that: 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; or 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. City Staff is of the opinion that the requested fee waiver may be granted based on Section 2 17.78.010(C)(2) of the RPVMC because the proposed Special Use Permit activities will provide a substantial benefit to the public. More specifically, the Greater Portuguese Bend Landslide Complex is experiencing unprecedent land movement that has impacted area residents, visitors and local businesses in the City. The unexpected closure of Wayfarers Chapel because of the land movement has resulted in the cancellation of many wedding events at the facility. The availability and accessibility of the Catalina View Event Garden to accommodate wedding ceremonies canceled by Wayfarers Chapel, via a Special Use Permit, would benefit wedding parties wishing to continue to conduct their services in the City. The Applicant indicated that he would donate proceeds towards Wayfarers Chapel’s Go Fund Me account to help raise funds to stabilize the grounds and rehabilitate damaged structures. CONCLUSION: Staff recommends that the City Council approve a Fee Waiver request for a Special Use Permit in the amount of $2,610. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Deny the Fee Waiver. 2. Grant some other reduction in the application fees due, in an amount determined by the City Council. 3. Take other action, as deemed appropriate. 3 A-1