ORD 114 ORDINANCE NO. 114
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
MAKING REVISIONS TO THE HEIGHT VARIATION SECTION
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 Palos Verdes
Municipal Code is hereby amended by amending Section 9113 to read:
9113 HEIGHT VARIATION
A. Purpose
Any individual or persons desiring to construct a residence or an addition
to an existing residence exceeding sixteen (16) feet in height may apply
for a Height Variation Permit, which, if granted pursuant to the procedures
contained herein, will permit said individual to construct a residential
structure not exceeding thirty (30) feet in height, measured in the manner
as established in this section.
B. Procedure
1. Any person desiring to apply for a Height Variation Permit shall com-
plete 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
residential structure to a maximum height of thirty (30) feet if the
Director finds as follows:
a. Notice of the application to exceed sixteen (16) feet in height
has been given to property owners within five hundred (500) feet
of the lot.
b. The proposed structure is designed and situated in such a manner
as to minimize view obstruction.
c. A view impairment for that portion over sixteen (16) feet high may
not significantly impair the primary view from a property or proper-
ties identified as having a view per this section.
d. The proposed structure is not located on a ridge or promontory.
e. The structure does not significantly impair a view or vista from
public property (parks, major thoroughfare, bikeways, walkways,
equestrian trails, etc.) which has been identified in the City's
General Plan, Coastal Plan, or City approved viewing areas.
f. There is no significant cumulative impact caused by granting the
application. Cumulative impact shall be determined by: 1) con-
sidering the amount of view interference caused by the proposed
structure; and 2) considering the impact on view or views that
similar degrees of view impairment would have on properties in
near proximity to applicant's property.
2. In approving a permit, the Planning Director, Planning Commission, or
City Council may make the permit subject to such reasonable conditions
as they deem necessary.
3. In the event the Director of Planning refuses to grant the permit or in
the event the Director grants a permit and an interested party objects
to the granting of the permit, an appeal may be made to the Planning
Commission. In order for the Planning Commission to overrule the Direc-
tor of Planning, it must specifically determine, in the case of an ap-
peal by an applicant, that all findings listed herein have been met or,
in an appeal by an interested party other than the applicant, that the
applicant failed to comply with or meet any of the above-listed condi-
tions.
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4. The decision of the Planning Commission may be appealed to the City
Council, which, in order to grant a permit, must determine that the
findings listed in this section have been met by the applicant.
5. Anyone appealing a decision of the Planning Director or Planning
Commission must file a written request, together with a fee as es-
tablished by Resolution of the City Council, within fifteen (15)
days after the decision is made.
C. View Lot
Parcels located within the City having the characteristics listed below
shall be considered to have a view for the purposes of this part. A lot
shall not be considered a view lot if a view obstruction would occur from
a structure which meets the other requirements of this Code and could be
built or modified without variance within the zoning district in which it
occurs.
1. There exists a principal identifiable view, not viewed from within
the setbacks, which view will be determined by the Director of
Planning. This will be applicable to both structures and vacant
lots. No part of a structure constructed with a height variation or
variance or which would have required a height variation or variance
when originally constructed had this ordinance been in effect shall
be used as a principal viewing area.
2. The principal view is a scene, not located within the immediate area,
such as the ocean, L. A. basin, City lights, harbor, shoreline, or
off-shore islands.
D. Method of Measuring Height
1. For the purpose of measuring height on lots which slope uphill from
the street of access, sixteen (16) feet shall be measured from the
existing grade at the highest point on the lot to be covered by the
structure to the ridgeline or the highest point of the structure.
2. For lots sloping downhill from the street of access, the sixteen (16)
feet height limitation shall be measured from the average elevation
of the property line abutting the street of access to the ridgeline
or the highest point of the structure.
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 con-
figurations not previously discussed, sixteen (16) feet shall be
measured from existing grade at the highest elevation covered by the
structure to the ridgeline or highest point of the structure.
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 or slab 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
III
of the structure) . Furthermore, at no point may the top of the foun-
dation (not including any crippled wall) be greater than five (5)
feet above the average elevation of the finished grade, where it
touches said foundation.
PASSED, APPROVED, and ADOPTED this 17th day of April, 1979 pn the
following roll call vote:
AYES: Ryan, Buerk, Shaw, Hein & Mayor Dyda
NOES: None
ABSENT: None
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ATTEST: MAYOR,
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
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V Ord. No. 114
I HEREBY CERTIFY that the foregoing is a true and correct copy of
ORDINANCE NO. 114, passed and adopted by the City Council of the City of Rancho
Palos Verdes at a meeting thereof held on the 17th day of April, 1979.
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PAGE 3 Ord. 114
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RANCHO PALOS VERDES
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STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING
COUNTY OF LOS ANGELES ) SS
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 24 day of , 1979 , teishe
caused to be posted in three conspicuous places, as required by law,
ORDINANCE NO. 111 (Height Variance)
a copy of which is attached hereto, in the following public places
in the City:
CITY HALL
RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD
LOS ANGELES COUNTY FIRE DEPARTMENT
MIRALESTE STATION
4000 MIRALESTE PLAZA
RANCHO PALOS VERDES
CALIFORNIA
RIDGECREST INTERMEDIATE SCHOOL
28915 NORTHBAY ROAD
RANCHO PALOS VERDES
CALIFORNIA
I certify under penalty of perjury that the foregoing is a true
and correct affidavit of posting.
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
1CLER
30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90274/(213)377.0360