ORD 149 ORDINANCE NO. 149
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES APPROVING ZONE CHANGE NO. 9 AND
CODE AMENDMENT NO. 12 AND AMENDING._THE
RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City has initiated Zone Change No. 9 and Code Amendment
No. 12; and
WHEREAS, the Planning Commission has held a public hearing on this
matter on February 23, 1982, and has recommended approval in Resolution No.
82-4 (P.C.) ; and
WHEREAS, the City Council has held a public hearing on this matter on
April 6, 1982, at which time all interested parties were given an opportunity
to be heard and present evidence .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the General
Plan Environmental Impact Report and the Coastal Specific Plan Environmental
Impact Report, which cover the environmental impacts of these amendments, in
reaching its decision. Further, the City Council finds that the approval of
this zone change and code amendment will not result in significant adverse
environmental impact to the area.
Section 2: The City Council finds that the zone change and code
amendment are consistent with and implement the adopted Coastal Specific Plan
and the General Plan, as amended.
Section 3: The City Council of the City of Rancho Palos Verdes hereby
approves. Zone Change No. 9, changing the official zoning designation of the
former Abalone Cove school site from Agriculture to Commercial Recreation,
amending the Official Zoning. Map, and directs the City Clerk to cause said
change to be made to the Official Zoning Map.
Section 4: Chapter 16.04 of the Rancho Palos Verdes Municipal Code is
amended by adding the following definitions, to read:
16.04.065 Aggrieved Person. Any person who testified
personally or through a representative at any public hearings in connection
with the decision or action appealed, or who informed the Director of Planning
of an interest in the subject of a hearing.
16.04.105 Appealable Development. An action taken by the
City on a Coastal Permit application for any of the following may be appealed
to the Coastal Commission:
(a) Developments approved by the City between the sea
and the first public road paralleling the sea or within three hundred (300)
feet of the inland extent of any beach or of the mean high tide line of the
sea where there is no beach, whichever is the greater distance.
The grounds for appeal are limited to the following:
(1) The development fails to provide adequate
physical access or public or private commercial use or interferes with such
uses.
(2) The development fails to protect public views
from any public road or from a recreational area to, and along, the coast.
(3) The development is not compatible with the
established physical scale of the area.
(4) The development may significantly alter exist-
ing natural landforms.
(5) The development does not comply with shoreline
erosion and geologic setback requirements.
(b) Developments approved by the City located on tide-
lands, submerged lands, public trust lands, within one hundred (100) feet of
any wetland, estuary, stream or within three hundred (300) feet of the top of
the seaward face of any coastal bluff.
(c) Any development which constitutes a major public
works project or a major energy facility, with an estimated cost of more
than fifty thousand dollars ($50,000) .
16.04.365 Development. On land in or under water, the
placement or erecting of any solid material or structure; discharge or
disposal of any dredged material or of any gaseous, liquid, solid, or thermal
waste; grading, removing dredging, mining, or extraction of any materials;
change in the density or intensity of use of land, including, but not limited
to, 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; construction,
reconstruction, demolition, or alteration of the size of any structure, in-
cluding 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.
16.04.445 Excluded Development.
(1) Improvements, including replacement of any structure
destroyed by a natural disaster (other than a major public works facility) , re-
pairs, or maintenance to existing structures unless any of the following apply:
(a) A risk of adverse environmental effect.
(b) An adverse effect to public access.
(c) A change in use contrary to the Coastal Specific
Plan.
(2) Any category of development added by the Coastal
Commission that has no potential for any significant local impact on coastal
resources or public access.
(3) The installation, testing, and placement in service
or the replacement of any necessary utility connection between approved devel-
opment and an existing service facility that conforms to City Ordinances.
(4) Public works projects which include the erection
of public signs, the painting or removing of street lines, parking space
designations, or the painting or removing paint from curbs, the maintenance
and repair of public streets, the installation and maintenance of landscaping,
the maintenance of City utilities, repair and improvement to structures main-
tained, used, or owned by the City, and the repair, replacement, maintenance
or development of public facilities under emergency circumstances.
16.04.595 Hearings Officer. The Director of Planning, or
authorized staff member, who is to conduct certain public hearings.
16.04.635. Improvements. Within the appealable area,
changes to the structure which increase square footage no more than ten (10)
percent and do not add a story or loft and do not require a Variance.
Outside the appealable area, changes to the structure
which require only a Site Plan Review.
Page two Ordinance No. 149
16.04.795 Non-appealable Development. Any proposed
development within the Coastal Specific Plan District that is not appealable
and is not excluded.
16.04.995 Public Works Projects. Any action undertaken
by the City or under contract to the City or by any other governmental entity
to construct or alter any public structure, utility or right-of-way, including
improvement of public streets and development of public utilities.
16.04.1015 Risk of Adverse Environmental Effect. The
following are provided as examples, not as an all-inclusive list:
Any significant alteration of land forms, including
removal or placement of vegetation on a beach or within fifty (50) feet of
the edge of a coastal bluff, or in areas of natural vegetation designated as
significant natural habitat.
The expansion or construction of water wells or septic
systems.
Any addition to a single family residence where any
Coastal Permit issued for the original structure indicated that any future
additions would require a Coastal Permit.
16.04.1315 Visitor-Serving Use. A commercial or non-
commercial use intended primarily to serve visitors to an area, such as
hotels, motels, conference centers, restaurants, retail shops, etc.
Section 5: 17.02.020 H of the Rancho Palos Verdes Municipal Code is
amended to read:
H. Other uses, only with a conditional use permit, as
listed in Chapter 17.56.
Section 6: 17.06.040 C of the Rancho Palos Verdes Municipal Code is
amended by adding 7, to read:
7. In the Coastal Specific Plan District the thirty (30)
percent minimum common open space (or equal or greater percentage combining
private and common open space areas) shall be sited in a manner that is
accessible to viewing by the general public from public roads and/or walkways
while at the same time preserving public views to the coast. This common open
space shall not be fenced or screened in a manner that would block public views
of the area and shall be sited as visual landscape area enhancing public vistas
rather than as interior open space within developments. Greater clustering
shall be encouraged, and the design of subdivisions, structures, and fencing
shall seek to maximize visual open space throughout the developed areas as
viewed from public roads and viewing points.
Section 7: 17.06.040 C of the Rancho Palos Verdes Municipal Code is
amended by adding 8, to read:
8. In the Coastal Specific Plan District public paths
through developed areas to the blufftop, the access corridor (including the
blufftop road, bike and pedestrian paths, and parking bays, as depicted in the
Coastal Specific Plan) and a usable public recreational area (not including
steep bluff faces and gullies) seaward of corridor improvements shall be im-
proved and either dedicated or permanently maintained through deed restriction
for public use. These blufftop public use areas shall be in addition to the
thirty (30) percent common open space requirement.
Section 8: 17.24.020 of the Rancho Palos Verdes Municipal Code is
amended to read:
17.24.020 Uses permitted. Uses which are of an entertain-
ment, visitor-serving, and recreational nature and compatible with existing
uses and the surrounding area.
Page three Ordinance No. 149
Section 9: 17.32.030 B of the Rancho Palos Verdes Municipal Code is
amended to read:
B. Public recreational uses. Those in the Coastal Speci-
fic Plan District shall be compatible with and incidental to the uses set
forth in the Coastal Specific Plan.
Section 10:. 17.34.060 A of the Rancho Palos Verdes Municipal Code is
amended by adding 3, to read:
3. Visitor-serving uses, pursuant to the Coastal Specific
Plan.
Section 11: 17.56.020 of the Rancho Palos Verdes Municipal Code is
amended to read:
17.56.020 Conditional uses. The following uses may be
permitted in any district, subject to a conditional use permit, when deemed
to be necessary or desirable for the public convenience or welfare and not
contrary to the General Plan or its objectives or the Coastal Specific Plan
or its objectives and requirements:
A. Cemeteries;
B. Churches;
C. Development of natural resources, except in the
Coastal Specific Plan District;
D. Educational uses, private, including nursery schools
and day nurseries;
E. Golf courses and driving ranges;
F. Governmental facilities;
G. Helistops;
H. Hospitals, sanitariums, nursing homes, rest homes,
homes for the aged, homes for children and homes for mental patients;
I. Public utility structures;
J. Recreational facilities; and
K. Such similar uses as the Planning Commission may
deem to be similar and equally essential to the public welfare. If in the
Coastal Specific Plan District, the Executive Director of the California Coastal
Commission must also determine that the uses are similar and compatible with
the Local Coastal Program.
Section 12: 17.60.020 B 4 of the Rancho Palos Verdes Municipal Code
is amended to read:
4. That the granting of such a variance will not be
contrary to the objectives of the General Plan or the policies and require-
ments of the Coastal Specific Plan.
Section 13: 17.62.020 of the Rancho Palos Verdes Municipal Code is
amended to read:
17.62.020 Scope. The director may grant minor exception
permits authorizing up to a twenty percent reduction in lot dimension, setback,
and open space requirements, upon the finding that such reduction is consistent
with the intents of this chapter, and the construction of fences, walls, or
hedges exceeding forty-two (42) inches in height within the required front or
Page four Ordinance No. 149
street-side setback areas, or walls or hedges exceeding six (6) feet in
height at any other location, and other special case fences pursuant to
Chapter 17.42. In the Coastal Specific Plan District any minor exception
permit shall be in conformity with the policies and requirements of the
Coastal Specific Plan.
Section 14: Title 17 of the Rancho Palos Verdes Municipal Code is
amended by adding Chapter 67, to read:
Chapter 17.67
Coastal Permits
Sections:
17.67.010 Purpose
17.67.020 Scope
17.67.030 Filing Fee.
17.67.040 Notice
17.67.050 Public Hearing
17.67.060 Findings
17.67.070, Appeals
17.67.080 Final Action
17.67.010 Purpose. The Coastal Permit procedure provides
for review of proposed Coastal Specific Plan District development to determine
conformity with the City's Coastal Specific Plan and State regulations.
17.67.020 Scope. The determination of whether a develop-
ment is excluded, appealable or non-appealable for purposes of notice, hearing
and appeal procedures shall be made by the Director of Planning at the time
the application for development within the Coastal District is submitted.
This determination shall be made with reference to the Coastal Specific Plan,
including any maps, exclusions, land use designations and zoning ordinances
which are adopted as part of the Coastal Specific Plan. Where an applicant,
interested person, or the City has a question as to the appropriate designa-
tion for this development, the following procedures shall establish whether a
development is excluded, appealable or non-appealable.
A. The City shall make its determination as to what
type of development is being proposed (i.e. excluded, appealable, non-
appealable) and shall inform the applicant of the notice and hearing require-
ments for that particular development.
11/ B. If the determination of the Director of Planning is
challenged by the applicant or an interested person, or if the City wishes to
have a Coastal Commission determination as to the appropriate designation,
the City shall request an opinion from the Executive Director of the Coastal
Commission.
C. Where, after the Executive Director's investigation,
the Executive Director's determination is not in accordance with the City
determination, the Coastal Commission shall hold a hearing for purposes of
determining the appropriate designation for the development.
17.67.020 Filing Fee. The filing fee for a Coastal Permit
shall be as established by Resolution of the City Council.
Page five Ordinance No. 149
17.67.040 Notice. The provisions of this Section shall
constitute the minimum notice for the review of coastal development. Notices
may be consolidated with other required notices.
A. Excluded Developments: A permit issued by the City
for a development which is excluded from the Coastal Permit requirements shall
be exempt from the notice and hearing requirements of this Section.
B. Appealable Developments: At least fifteen (15) calen-
dar days prior to the first public hearing on an appealable development pro-
posal, the City shall provide notice by first class mail of pending applica-
tion. This notice shall be provided to:
(1) each applicant;
(2) all persons who have supplied self-addressed,
stamped envelopes for that development project or for coastal decisions
within the City;
(3) all property owners and residents within one
hundred (100) feet of the perimeter of the parcel on which the development
is proposed; and
(4) the Coastal Commission.
The notice shall contain the following information:
(1) a statement that the development is within the
Coastal District;
(2) the date of filing of the application and the
name of the applicant;
(3) the number assigned to the application;
(4) a description of the development and its pro-
posed location;
(5) the date, time and place at which the applica-
tion will be heard by the City Hearings Officer or Planning Commission;
(6) a brief description of the general procedure
concerning the conduct of hearing and local actions; and
(7) the system for City and Coastal Commission
appeals.
If a .decision on an appealable Coastal Permit is
continued by the City to a time which is neither (a) previously stated in
the notice, nor (b) announced at the hearing as being continued to a time
certain, the City shall provide notice of the further hearings (or action
on the proposed development) in the above manner and within the above limits.
C. Non-Appealable Developments with Hearing: Notice
of non-appealable developments within the Coastal District that require a
pulbic hearing under City Ordinance shall be provided in accordance with
existing. City notice requirements, incorporating the following criteria:
At least fifteen (15) calendar days before a hearing,
the City shall provide notice by first class mail of pending application.
This notice shall be provided to:
(1) all persons who have supplied self-addressed,
stamped envelopes for notice of that development project or for coastal
decisions in the City;
Page six Ordinance No. 149
(2) all property owners within one hundred (100)
feet of the perimeter of the proposed development;
(3). all residents within one hundred (100) feet
of the perimeter of the proposed development; and
(4) the Coastal Commission.
Additionally, notice of proposed development shall
be published in a newspaper of general circulation.
The notice shall contain a statement that the pro-
posed development is within the Coastal District.
D. Non-Appealable Developments without Hearing:
Notice of non-appealable developments within the Coastal District which do
not require a public hearing under City Ordinance shall be provided as
follows:
At least seven (7) calendar days prior to the
decision on the application, the City shall provide notice by first class
mail of pending development approval. This notice shall be provided to:
(1) all persons who have supplied self-addressed,
stamped envelopes for that development project or for coastal decisions
within the. City;
(2) all property owners and residents within one
hundred (100) feet of the perimeter of the parcel on which the development
is proposed; and
(3) the Coastal Commission.
The notice shall contain the following information:
(1) a statement that the development is within the
Coastal District;
(2) the date of filing of the application and the
name of the applicant;
(3) the number assigned to the application;
(4) a description of the development and its pro-
posed location;.
(5) the date the application will be acted upon by
the Director of Planning;
(6) the general procedure of the City concerning
the submission of public comments either in writing or orally prior to the
decision; and
(7) a statement that a public comment period of
sufficient time to allow for the submission of comments by mail will be
held before the decision is made.
E. Final City Decision: (This Section shall not apply
to excluded developments.) Within seven (7) calendar days of a final decision
on an application for any coastal development, the City shall provide notice of
its action by first class mail to the Coastal Commission and to any persons
who specifically requested notice of such final action by submitting a self-
addressed, stamped envelope to the City. Such notice shall include written
findings and the procedures for appeal of the local decision to the Coastal
Commission.
Page seven Ordinance No. 149
F. Failure to Act: When the City determines that
the time limits established pursuant to Government Code Section 65950-
65957.1 have expired, the City shall, within seven (7) calendar days of
such determination, notify any person entitled to receive notice that it
has taken final action by operation of law pursuant to Government Code
Section 65950-65957.1. The appeal period for projects approved by operation
of law shall begin to run only upon the receipt of the City notice in the
Coastal Commission office. (This Section shall apply equally to the City
determination that the project has been approved by operation of law and to
a judicial determination that the project has been approved by operation of
law.)
17.67.050 Public Hearing.
A. Appealable Development: At least one public
hearing shall be held on each application for an appealable development,
thereby affording any persons the opportunity to appear at the hearing and
inform the .City of the nature of their concerns regarding the project.
The public hearing shall be conducted by the Hearings Officer or the
Planning Commission. The decision as to the type of public hearing shall
be made by the Director of Planning. The required hearing may be held
concurrently with any other public hearing required by City Ordinance.
B. Non-Appealable .Development: When a public hearing
is required by City Ordinance for the proposed development, the Coastal Permit
may be heard concurrently.
17.67.060 Findings. In granting a Coastal Permit, the
following findings must be made:
A. That the proposed development is in conformance
with the Coastal Specific Plan.
B. That the proposed development, when located be-
tween the sea and the first public road, is in conformance with applicable
public access and recreation policies of the Coastal Act.
17.67.070 Appeals.
A. Appeals - Planning Commission: The petitioner or
any other interested person may appeal any decision of the Hearings Officer
by filing a written request with the Secretary of the Planning Commission
within fifteen (15) days after the Hearings Officer's decision is made. If
such an appeal is made, a copy of the Hearings Officer's findings shall be
transmitted to the Planning Commission and Coastal Commission together with
the appeal, and the Planning Commission shall confirm or deny said appeal.
The Planning Commission shall conduct public hearings subject to the same
procedures and notification as required for Hearings Officer's hearings.
The Planning Commission may do one of the following:
(1) If the findings of the Hearings Officer do
not, in the opinion of the Planning Commission, warrant further hearing,
the Commission may affirm the decision of the Hearings Officer and dismiss
the appeal.
(2) If, in the opinion of the Planning Commission,
said findings warrant further hearing, the Planning Commission shall con-
sider the appeal and may reverse, affirm or modify the decision.
(3) If significant new evidence, which may include
substantial changes to the original proposal, is presented in conjunction with
the appeal, the Planning Commission shall refer the matter back to the Hearings
Officer for further consideration and decision.
Notice of final action shall conform to 17.67.040.E.
Page eight Ordinance No. 149
B. Appeals - City Council: The petitioner or any
other interested person may appeal any decision of the Planning Commission
by filing a written request with the City Clerk within fifteen (15) days
after the Planning Commission decision is made. If such an appeal is made,
a copy of the Planning Commission findings shall be transmitted to the
Council and Coastal Commission together with the appeal, and the Council
shall confirm or deny said appeal. The Council shall 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 Planning Commission
do not, in the opinion of the City Council, warrant further hearing, the
City Council may affirm the decision of the Planning Commission and dismiss
the appeal.
(2) If, in the opinion of the City Council, said
findings warrant further hearing, the City Council shall consider the appeal
and may reverse, affirm or modify any decision.
(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.
Notice of final action shall conform to 17.67.040.E.
C. Exhaustion of Appeals: Exhaustion of all City
appeals shall be required before an appeal is filed with the Coastal Commis-
sion unless any of the following occur:
(1) The City requires an appellant to appeal to
more appellate bodies than have been certified as such for permits in the
Coastal District.
(2) An appellant was denied the right of the
initial appeal by a City Ordinance which restricts the class of persons who
may appeal a City decision.
(3) An appellant was denied the right of City
appeal because notices and hearing procedures for the development did not
comply with required procedures.
(4) An appeal fee for the filing or processing
of an appeal is not waived by the City.
D. Appeals by Coastal Commissioners: An appeal may
be filed by an applicant, any aggrieved person, or any two members of the
Coastal Commission.
Where at any decision stage a project is appealed
by any two (2) members of the Coastal .Comm ission, notice of Commissioner
appeals shall be transmitted to the City Council. The appeal to the Coastal
Commission shall be suspended pending a decision on the merits by the City
Council. If the decision of the City Council body modifies or reverses the
previous decision, the Coastal Commissioners shall be required to file a new
appeal from that decision.
17.67.080 Final Action.
A. City Action: The City decision on an application
for a development shall be deemed final when (1) the decision on the applica-
tion has been made and all required findings have been adopted, and (2) when
all City rights of appeal have been exhausted.
Page nine Ordinance No. 149
B. Effective Date of City Action: A final decision
on an application for an appealable development shall become effective
after the ten (10) working day appeal period to the Coastal Commission has
expired or after the twenty-first (21st) calendar day following the final
action unless any of the following occur:
(1) An appeal is filed in accordance with 17.67.070.
(2) The notice of final City action does not meet
the requirements of 17.67.040.E.
(3) The notice of final City action is not re-
ceived in the Commission office in time to allow for the ten (10) working
day appeal period within the twenty-one (21) days after the City's decision.
Where any of the above circumstances occur, the
Coastal Commission shall, within five (5) calendar days of receiving notice
of that circumstance, notify the City and the applicant that the effective
date of the City action has been suspended.
PASSED, APPROVED, and ADOPTED this 20th day of APRIL , 1982, by
the following roll call vote:
AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH
NOES: NONE
ABSENT: NONE
inr4Or et
IF MAYOR
ATTEST:
S ,j/ijj
City lerk
I HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 149 , passed and adopted by the City Council of the City of
Rancho Palos Verdes at a meeting thereof held on this 20th day of APRIL
1982; and that said Ordinance was posted pursuant to law.
IP
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aTYiE4, Al
Page ten Ordinance No. 149
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4 4 RANCHO PALOS VERDES
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, 4 /she was and now
is the duly qualified and acting Deputy City Clerk of• the City
of Rancho Palos Verdes, California:
That on the 22nd day o f APRIL , 19 82 , /she
caused to be posted in three conspicuous places, as required by law,
ORDINANCE #149
APPROVING ZONE CHANGE NO. 9 & CODE AL tE ND. #12 & AMEND. RPV MUNICIPAL CODE
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 NO RTH BAY ROAD
RANCHO PALOS VERDES
CALIFORNIA
I certify under penalty of perjury that the foregoing is a true
and correct affidavit of posting.
MAR * Le' T Ts, CITY CLERK
30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90274/(213)377.0360