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ORD 090 ORDINANCE NO. 90 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES MAKING MISCELLANEOUS REVISIONS TO THE TEXT OF THE DEVELOPMENT CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS : Section 1 . Article IX , Chapter 1, Part One of the Rancho Palso Verdes Municipal Code is hereby amended by amending subsections 9113 A.1, 9113 A.1 .b, 9113 A 5, 9113 B 3 and 9113 B 4 to read: 9113 A. 1. Any person desiring to apply for a Height. Varia- tion Permit shall complete and fill out an application and submit it to the Director of . Planning, together with a fee as established by Resolution of the City Council. The Director may grant the applicant permission to build a residen- tial structure to a maximum height of thirty (30) feet if the Director finds as follows: - . 9113 A.1 . b. The proposed structures are compatible with existing structures in the neighborhood. 9113 A. 5. Anyone appealing a decision of the Planning Director or Planning Commission must file a written request, together with a fee as estab- lished by Resolution of the City, Council, within fifteen days after the decision is made. 9113 B. 3. For lots sloping in the same direction as the street of access, lots with a building pad at a different level than the street, or lot configura- tions not previously discussed, sixteen (16) feet shall be measured from existing grade at the highest elevvation covered by the structure to the ridgeline or highest point of the structure. 9113 4 . On sloping lots, a structure which steps with the slope of the lot will be allowed; however, no portion of the structure shall exceed thirty (30) feet in height when measured from the top of the lowest foundation wall to the ridgeline or high point of the structure. The thirty (30) foot height shall not exceed a horizontally projected sixteen (16) foot height line (from the high point of the uphill step of the structure. Furthermore, at no point may the top of the foundation wall (not including any cripped wall) be greater than five (5) feet above the average elevation of the finished grade . Section 2. Article IX, Chapter I , Part Six of the Rancho Palos Verdes Municipal Code is hereby amended by amending subsection 9166 C. and 9166 D. and 9166 H. and Section 9167 to read: 9166 C. Not sooner than fifteen (15) calendar days after the notification, nor later than thirty (30) days after receipt of the application, the Director shall either grant, deny or grant with conditions the Special Animal Permit. Notice of the decision shall be sent to all of the property owners listed in the application. 9166 D. The applicant or any interested party may appeal the Director 's decision to the Planning Commission by filing a written request, together with a fee as established by Resolution of the City Council, within fifteen (15) calendar days after the decision is made. 9166 H. The decision of the Planning Commission may be appealed to the City Council. Any appeal must be made in writing within fifteen (15) days of the decision, together with a fee, as established by Resolution of the City Council . 9167 NON-CONFORMITIES Except as provided herein, all existing buildings, - structures, fences, enclosures, and uses of land which do not conform to the provisions of this Part, but were existing on July 1, 1975, shall comply herewith twelve (12) months after the effective date of this Ordinance. Ord. 90 -2- 8/2/77 v- . . , Section 3 . Article IX, Chapter 2, Part 6 of the Rancho Palos Verdes Municipal Code is hereby amended by amend- ing Sections 9261 and 9264 to read: 9 261 APPLICABILITY No new service station shall be constructed, and no service station use of an existing station which has been vacated for more than one hundred and eighty (180) days shall be re-opened unless a conditional use permit is issued by the Planning Commission pursuant to Chapter 7, Part 1. . 9264 ABAND N ENT A conditional use permit for a new service station at any location within the corporate limits of the City shall not be approved and granted to any company or an affiliated company that owns, leases, rents, or has control of in any manner, property that is presently occupied by an abandoned or vacant service station at any other location within the corporate limits p t of the City. Abandoned or vacant, as used herein, shall mean that the service station has not been in operation for a period of sixty (60)y days or y more prior to the date the Planning Commission adopts its resolution on the application for a new service station. This provision shall not apply to a service station that is not in operation because it is in the process of being reconstructed or remodeled. It shall become the responsibility of the roert P P y owner to destroy and dispose of any and all structures and equipment on the lot and return the condition of the lot to a buildable site if the service station exceeds a period of one hundred eighty (180) days abandonment. Once the time period has elapsed, the property owner will have ninety (90) days to complete the operation of restoration. Section 4. Article IX, Chapter 4, Part 1 of the Rancho Palos Verdes Municipal Code is hereby amended by amendin g Section 9411 to read: 9 411 ESTABLISHMENT Land shall be placed in the Open Space Hazard District when the use of said land would P endanger the public g health, safety, and welfare, and includes: A. Areas where slope exceeds thirty-five (35) percent, areas experiencing downslope movement, areas unstable for development, areas where grading of the land may endanger public health and safety due to erosion or flooding, and the ocean bluffs. Ord. 90 -3- 8/2/77 , . B. Areas subject to flooding or inundation from storm water. Section 5. Article IX, Chapter 6, Part 1 of the Rancho Palos Verdes Municipal Code is hereby amended by deleting subsec- tion B from Section 9621 and designating subsections C, D, E and F thereof as B, C, D and E, by adding subsections 9612 E 3 , 9614 C, and 9674 F and amending subsections 9612 E 2, 9614 A, 9621 A, 9634 B, 9671 C, and 9677 B to read: 9612 E 2. Minor Structures and Equipment Trash enclosures, dog houses, air conditioners, pool filters, and other minor structures or equipment may be located within any interior side or rear setback area, but not within any front or street-side setback area in Residential Districts, provided that no part of such minor structure or equipment shall exceed six ( 6) feet six (6) inches in vertical height, and shall not extend within three (3) feet of the property line. 9612 E 3. Exceptions: Decks less than six inches (6" ) in overall height, asphalt paving, concrete walkways or similar ground surfacing shall not be subject to setback requirements. Decks six inches (6" ) to thirty inches (30" ) in overall height may be permitted in the setback area upon determination by the Director that no significant impacts will result. 9614 A. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, silos, water tanks or similar structures, when approved by the Commission, and chimneys when approved by the Director pursuant to the requirements of the Building Laws, may be erected above the height limits herein prescribed; provided that the same may be safely erected and maintained at such height and that views from and values of adjacent property will not be significantly adversely affected. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 9614 C. Building Height: Unless determined to be a part of the main building, decks, play houses, detached garages, pool or bath houses, dressing rooms, saunas, -4- Ord. 90 8/2/77 '. k . jacuzzi and pool enclosures, gazebos or any structures or buildings which are incidental to the use of the main building are considered accessory structures and have a maximum height limitation of twelve (12) feet measured from foundation to ridge . Upon a finding by the Director that a detached garage will have no significant view impact, it can be exempted from this height limitation. 9621 FENCES, WALLS AND HEDGES PERMITTED A. McnettlIsleligthe(eTc:p rtlotas=7.1-tt2ageT! , may be permitted on any part of the lot behind the front or street-side setback line; no fence, wall or hedge exceeding forty-two ( 42) inches in height shall be permitted within front or street side setback areas, except as permitted below. B. Fences, walls, and hedges exceeding forty-two (42) inches but not exceeding six (6) feet in height may be permitted within the front or street-side setback areas, only with a Minor Exception Permit granted by the Director pursuant to Chapter 7, Part 4 , provided that no fence, wall or hedge exceeding forty-two (42) inches height shall be permitted closer than ten (10) feet to the front or street-side property line in those districts where a front or street-side setback is required, except that for lots that are not reversed corner lots in RS Districts, such fence, wall or hedge may be located as close as five (5) feet from a street-side property line. The area between the street and any such fence, wall or hedge shall be landscaped, per an approved plan, in conjunction with the Minor Exception Permit application. C. Fences over six ( 6) feet in height for tennis courts or similar recreational facilities may be permitted with a Minor Exception Permit, not within the required setback areas, provided that all of the structure above the six (6) foot height shall be constructed of wire mesh, or similar material, capable of admitting at least ninety (90) percent of light as measured on a reputable light meter. Windscreens exceeding six (6) feet in height may only be permitted with a Minor Exception Petmit when the Director finds that views from affected property will not be significantly adversely affected. D. For the purposes of this Part, the height of a fence, wall or hedge shall be measured from the adjacent grade (ground surface) on the higher side, provided that no fence or wall shall exceed a height of ten (10) feet measured from grade on the lower side of the wall unless a Minor Ord. 90 -5- 8/2/77 - Exception Permit is granted by the Director, or unless a higher wall is required as a condi- tion of a conditional use permit. E. The provisions of this Part shall not apply to a fence or wall as required by any law or regulation of the State of California or any agency thereof. 9634 B. The parking facilities required for a primarily daytime use or specific days of use may be used to permit up to fifty ( 50) percent of the require- ments for a church or school auditorium subject to requirements set forth in sub-section C below. 9671 C. Review of Sign Applications All signs which meet the limitations of this Part shall be reviewed by the Director (except those listed in Section 9673) . The Director may approve, approve with modification, or deny any application subject to the criteria of this Section. Any staff decision may be appealed to the Planning Commission. Sign applications which do not meet the limitations of this Part may be submitted to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. Any appeal must be filed in writing, together with a fee as estab- lished by Resolution of the City Council, within fifteen (15) days after the decision is made. The Director and/or Commission shall apply all the following criteria as the basis for action: 9674 F Subdivision identification signs at the entrance to developments with permits, provided that I. One (1 ) such sign shall be displayed per major street access. 2. It shall not exceed six (6) feet in overall height. 3. Provision is made for the maintenance of the sign. 9677 B. Non-conforming Signs Except as provided in sub-paragraph 1, every legal sign in existence on the effective date of this Part which does not conform to the provisions of this Part and which was in conformance with the provisions of the Ordinance in existence as of December 1, 1975, shall, unless approved under the provisions of paragraph 2 of this Section, be removed or altered so as to conform to the provisions of this Part within five (5) years Ord. 90 -6- 8/2/77 , - from the date of receiving written notice from the City that said sign is non-conforming. Any appeal of this determination must be made to the Planning Commission within thirty (30) days of receipt of the notice, in writing, together with a fee as established by Resolution of the City Council. The decision of the Planning Commission is final . Any non-conforming sign which is damaged may be restored to original condition provided that the cost of such restoration does not exceed fifty (50) percent of the replace- ment value of the sign and that the restoration must be completed within thirty (30) days from the date when the damage occurred. Section 6. Article IX, Chapter 7, Part One of the Rancho Palos Verdes Municipal Code is amended by amending subsections 9714 A and 9714 B and Section 9716 to read: 9714 A. Notice shall be published in a newspaper of general circulation in the community not less than fifteen (15) days before the dates set for the Commission hearing. The notice shall contain all data pertinent to the hearing.. B. Written notices shall be mailed not less than fifteen (15) days prior to the date of the hearing to owners of property within a radius of five hundred ( 500) feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the County. Such notice shall contain all pertinent data contained in the application. 9716 APPEAL The petitioner or any other interested person may appeal any decision of the Planning Commission or any condition imposed by the Planning Commission by filing a written request, together with an appeal fee' as established by Resolution of the City Council with the City Clerk within fifteen (15) days after the Commission decision is made. If such an appeal is . • T:d%a11:117117:t(T.Th:lnnrcigilCct===dtlilgs shall appeal and the Council shall confirm or deny said Ord. 90 ...7_ 8/2/77 , AI appeal. If the Council so desires, it may conduct public hearings subject to the same procedures and notification as required for Planning Commission hearings. The City Council may do one of the following: 1. If the findings of the Commission do not, in the opinion of the Council , warrant further hearing, the Council may affirm the decision of the Commission and dismiss the appeal . 2. If, in the opinion of the Council, said findings warrant further hearing, the Council shall consider the appeal and may reverse, affirm or modify any decision. If the Council so desires, it may conduct a public hearing subject to the same procedures and notificationas required for Commission hearings. 3 . If significant new evidence, which may include substantial changes to the original proposal, is presented in conjunction with the appeal, the Council shall refer the matter back to the Commission for further consideration and decision. Section 7. Article IX, Chapter 7, Part 2, of the Rancho Palos Verdes Municipal Code is amended by amending Section 9724 to read: 9724 ACTION BY DIRECTOR Not sooner than fifteen (15) days after the notices are mailed, nor later than thirty (30) days after receipt of the application for a special use permit, the Director shall either grant, deny, or grant with conditions, the special use permit, based on the use and locational criteria of Section 9715 (Conditional Use Permits ) . Any conditions required by the Director shall be such as to assure that the proposed use and/or development will comply with the applicable criteria and any other applicable provisions of this Code. Non-compliance with any condition of a special use permit shall constitute a violation of the Zoning Ordinance. Notice of the Director 's decision shall be sent to any persons requesting it and to the Planning Commission at their next regularly scheduled meeting. Section 8. Article IX, Chapter 7, Part 3 of the Rancho Palos Verdes Municipal Code is amended by amending Sections 9734 and 9735 to read: 9734 PUBLIC HEARING A. Notice shall be published in a newspaper of general circulation in the community not less than fifteen (15) days before the date set for Ord. 90 -8- 8/2/77 . . , - the Commission and Council hearings. The notice shall contain all data pertinent to the hearing. B. Written notices shall be mailed not less than fifteen (15) days prior to the date of the hearings to owners of property within a radius of three hundred (300) feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the County. Such notice shall contain all pertinent data contained in the application. C. Not more than forty (40) days following said hearing, the Planning Commission shall announce its findings by formal resolution. Said resolution shall recite the findings- of the Commission and set forth the conditions deemed necessary to insure compliance with the intent and purpose of this Code. 9735 APPEAL The petitioner or any other interested person may appeal any decision of the Planning Commission or any condition imposed by the Planning Commission by filing a written request, together with an appeal fee as established by Resolution of the City Council, with the City Clerk within fifteen (15) days after the Commission decision is made. If such an appeal is made, a copy of the Planning Commission findings shall be transmitted to the Council, together with the appeal and the Council shall confirm or deny said appeal. If the Council so desires, it may conduct public hearings subject to the same procedures and notification as required for Planning Commission hearings. The City Council may do one of the following: 1. If the findings of the Commission do not,- in the opinion of the Council, warrant further hearing, the Council may affirm the decision of the Commission and dismiss the appeal . 2. If, in the opinion of the Council, said findings warrant further hearing, the Council shall consider the appeal and may reverse, affirm or modify any decision. If the Council so desires, it may conduct a public hearing subject to the same procedures and notification as required for Commission hearings. 3. If significant new evidence, which may include substantial changes to the original proposal, is presented in conjunction with the appeal, the Council shall refer the matter back to the Commission for further consideration and decision. Ord. 90 -9- 8/2/77 ► Section 9 . Article IX, Chapter 7, Part 4 of the Rancho Palos Verdes Municipal Code is amended by amending Sections 9744 and 9745 to read: 9744 ACTION BY DIRECTOR Not sooner than fifteen (15) days after the owners of the adjacent property are notified, nor later than thirty (30) days after receipt of the application, except that if a minor permit application is filed in conjunction with another application the longer review time will prevail , the Director shall either grant, deny, or grant with conditions the minor exception permit. Any conditions shall be such as to assure that the minor exception permit is within the intent of this Part . Non-compliance with any condi- tions of a minor exception permit shall constitute a violation of the Code. Notice of the Director 's • decision shall be sent to all owners of adjacent property and to the Planning Commission at its next regularly scheduled meeting. 9745 APPEALS No minor exception permit shall be effective until fifteen (15) days after issuance, and no development permitted by a minor exception permit shall be initiated or construction started sooner than fifteen (15) days after issuance. The applicant or any other interested person may appeal the Director 's decision to the Planning Commission by filing a written appeal, on forms provided by the Director, together with an apeal fee as established by Resolution of the City Council within this fifteen (15) day period. Any such appeal shall suspend the minor exception permit until resolution of the appeal by the Planning Commission. The City Council may do one of the following: 1. If the findings of the Commission do not in the opinion of the Council warrant further hearing, the Council may affirm the decision of the Commission and dismiss the appeal. 2. If, in the opinion of the Council, said findings warrant further hearing, the Council shall consider the appeal and may reverse, affirm or modify any decision. If the Council so de:Tres, it may conduct a public hearing subject to the same procedures and notification as required for Commission hearings. 3. If significant new evidence, which may include substantial changes to the original proposal, is presented in conjunction with the appeal, the Council shall refer the matter back to the Commission for further consideration and decision. Ord. 90 -10- 8/2/77 . •, -- Section 10 . Article IX, Chapter 8, Part 1 of the Rancho Palos Verdes Municipal Code is amended by amending subsection 9814 A to read: 9814 A. No nonconforming use shall be expanded or moved • in whole or in part to any portion of the lot or parcel or other structure other than that occupied by such use at the effective date of the provisions of this Part, except as provided in Chapter 2 , / Part 1 (Section 9214) . Section 11 . Article IX, Chapter 7, Part 5 of the Rancho Palos Verdes Municipal Code is amended by amending subsections 9753 C. , 9757 A. and 9757 B. to read: 9753 C. If a. negative recommendation is made by the Planning Commission, the petitioner or other interested person may appeal by filing a written request, together with an appeal fee as established by Resolution of the City Council, with the City • Clerk within fifteen (15) days after the Planning Commission files its recommendation with the City Council. Submission of the written recommendations of the Planning Commission to the City Clerk - shall consitute filing with the Council . 9757 NOTIFICATION A. Notice of the proposed zone change or code amendment shall be published in a newspaper of general circulation not less than fifteen (15) . days before the date set for a public hearing. - The notice shall contain thereon the time and place for said hearing and any additional data . related to the proposed amendment or change of zone deemed necessary by the Director. B. The following notice shall also be given for a proposed zone change: Written notices of the proposed zone change shall be mailed to the owners of the property within the boundaries and within five hundred (500) feet of the exterior boundaries of the property described in the application, using for this purpose the name and address of such owners as are shown on the tax' rolls of the County. • Said notice shall contain. thereon the time and place for the hearing and ' • , / - any additional data necessary to identify the , requested change of zone and the propetty to which it applies. Said notice shall be mailed not less then fifteen (15) days prior to the hearing. Section 12. Article IX, Chapter 8, Part 3 of the --: Rancho Palos Verdes Municipal Code is amended by amending the fourth paragraph of Section 9832 to read Ord. 90 -11- 8/2/77 0,.,4-...4m,vmaisvi:0,-,413. -414',T=i-',-,-,7iiiwiw. fif. .,., .,-.:.; :,, J./Z/8 -ZT- 06 •p.10 i iii Nub :e Z 3 / ei ....._,:__ 7504107407' ' 77, / 'LL6T 'q.snbnv go App . puz alp uo PTaq Joaagq. buTgaaW '2 qp sap.zaA soTPd ogouPH go A T3 aqq • ' 30 TT ounoD A TD egg- Aq Peg-doge pup pas saed 06 '01\I a.ouiuTp.tO go 4doo qoa.z.zoo, pup anal. P ST buT obaao; egg. gP1.14 xaiaxao xgauan I 11/ . - . _ A - i eo, aro ,i, arly -y A, , , - — g1 T rj tIsmIv , , - Al vii , , , • • 11-r- - A . - -/ ' fr • -•a .on snout upun Act ; L L 6 T qsnbnV JO A p puZ sT u.3 aiLdOQV GNV USAOHddV 'USSSVd - •paueat Tflun TaulTua auo • sa palapT suoo act TTegs buTsanu sT aqs mogt satoads ales 9144 o 6uno1 uaoq MT .uaoaa ao/pue 'buT ads;;o aaq q..tM aTaiva; Auv •autno TTe sapnTouT uue uotgM 'daags (7) 'paueat aagga pavrgTgoid ATTeoT toads aae goTgM 'saTem zdaoxa 'auT adeo TIP sapnTouT . wie: goTgM. 's;eob (E) 'auTAoq TTa sapnTouT ulaaq goTgM 'sMOO (z) 'auTnba TTe sapnTouT mJaq goTgM 'sasaoq• ( T) :uPaui 'legs sTemTuv onsauIocj abaaq . S`IvwIMv DTSSawnTOa SOUjd`I :pc'aa O3 .sTeultu'j oT;samoa abaerju ;o uoT zuT Jap aqq butpuauun Aq papuaula sT apop TedToTunW sapaaA soled ogoueu aq: go Xi aToT:av o: Aaasso-O au, ° £T uoT;oas • &.zi2punoq agq go uoT;coot aq4 auTmaagap Treqs 'uotssTUIUloD buTuueId aq: oq Taadda 1.14tM . . '.o:oalTQ buTuuaia alp 'uoT Boas sTgq uT paaanoo ;ou saoUe4sUlnoaTo aaggo uT JO 'dEjr1 buTUOZ TPT0T3J0 eq: uo uMOgs . a sog3 T4 T M aoue T a aA qe as e apoD sTgp Jo aqPp 3AT4oajga 910. qp punoab eq: UT JO • Uo butsixa 'saoanosaa TeoT aog sT q pua 'uo-pegaban " TTTgegs oTboToab 'ado's go aaabap 04 paqTpTT qou ;nq buTpnTouT 'sa ngpag T an:.tno JO Teotshgd aaagM • .. - a y. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, he/she was and now is the duly qualified and acting Deputy City Clerk of the City of Rancho Palos Verdes, California: That on the day o f - - , 19 j /she h caused to be posted in three conspicuous places , as required by law, nTNANC1 No -. 90 (c()o 4 a copy of which is attached hereto in the following public places in n the City: • 1. City Hall Rancho Palos Verdes California 2, Los Angeles County Fire Department, Miraleste Station 4000 Miraleste Plaza Rancho Palos Verdes California 3. Ridgecrest Intermediate School 28915 Northbay Road Rancho Palos Verdes California 1 certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. LEONARD G. WOOD, City Clerk City of Rancho Palos Verdes By• L .,.' _ _ •e,uty . c ?7k.- 1 •