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ORD 355 ORDINANCE NO. 355 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO CHAPTER 17.02 (SINGLE- FAMILY RESIDENTIAL DISTRICTS), CHAPTER 17.48 (DEVELOPMENT STANDARDS) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO REVISE THE MAXIMUM STRUCTURE SIZE PROVISIONS, TO MODIFY THE OPEN SPACE CRITERIA, AND TO REVISE THE ROOF DECK PROHIBITIONS FOR RESIDENTIAL ZONED NEIGHBORHOODS. WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on November 9, 1999 at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 17 as set forth in the Planning Commission Staff Report of that date; and, WHEREAS, the Planning Commission reviewed and considered the proposed code amendments to Title 17 and forwarded its recommendations to the City Council; and, WHEREAS, on November 20, 1999 a notice was published in the Palos Verdes Peninsula News; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on December 7, 1999, at which all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, after hearing public testimony from interested parties and reviewing the draft ordinance, the City Council directed Staff to modify the proposed code amendments and moved to continue the public hearing to the December 21, 1999 Council meeting; and, WHEREAS, the City Council at the December 21, 1999 meeting continued the public hearing at which all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, after hearing public testimony from interested parties and reviewing the language of the draft ordinance, the City Council made minor modifications that were read into the record and approved the introduction of the ordinance; and, WHEREAS, after reviewing the amended language of the ordinance, further modifications were made to the definition of lot coverage, which requires the reintroduction of the ordinance at the January 4,2000 City Council meeting; and, WHEREAS, the on January 4th, the ordinance was reintroduced to the City Council with the modifications; and, WHEREAS, on January 4, 2000, the City Council reopened the public hearing to all interested parties who were given the opportunity to be heard and present evidence. After hearing all public testimony, the Council moved to adopt the reintroduced ordinance and to review the ordinance as a second reading consent calendar item at the January 18th meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendments to Chapter 17.02, Chapter 17.48, and Chapter 17.96 of Title 17 of the Municipal Code. Section 2: The City Council finds that the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 3: The City Council finds that the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 4: The City Council finds that the amendments to Title 17 are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Title 17 shall be construed as a restatement and continuation of the previous provisions and as new enactment. Section 5: The City Council further finds that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendments are clarifications and minor non-substantive revisions to the Development Code. An addendum to the prior Negative Declaration has been Ordinance No. 355 Page 2 of 9 prepared and is attached hereto as Exhibit `A'. The City Council hereby finds, based on its own independent judgement, that the facts stated in the addendum are true because the minor revisions to the Development Code will strengthen the Code and lessen potential environmental impacts of future development in the City. Section 6: The City Council finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area. Section 7: Paragraphs B and D of Section 17.02.030 of Title 17 are hereby amended to read as follows: 17.02.030 Development standards. B. Neighborhood Compatibility. 1. The following new single-family residences and additions to existing single-family residences shall be compatible with the character of the immediate neighborhood: a. New residences that are proposed to be developed on vacant lots; b. New residences that are proposed to replace existing residences; c. Existing residences that are proposed to be remodeled or renovated such that fifty percent or greater of any existing interior and exterior walls or existing square footage is demolished; and, d. Additions to existing single-family residences consisting of a 25% or more expansion of the total square footage of the original main residence including the garage. 2. As defined in Section 17.02.040(A)(6) of this chapter, neighborhood character means the existing characteristics in terms of the following: a. Scale of surrounding residences; b. Architectural styles and materials; and c. Front yard setbacks. 3. The determination of whether a new single-family residence or an addition to an existing single-family residence is compatible with the neighborhood character shall be made by the director or planning commission in the course of considering the applicable permit application(s) for the proposed residence. 4. Public Notice - Notice for an application that requires a Neighborhood Compatibility finding shall be published in a newspaper of general circulation and given to owner's of property within five-hundred feet of the project, to all persons requesting notice, to any affected homeowners' associations, and the applicant pursuant to Section 17.80.090 (Notice of Hearing) of this Title. Said notice shall be given at least fifteen (15) days prior to a decision on the application. Ordinance No. 355 Page 3 of 9 D. Roof Decks 1. "Deck" means a platform that is freestanding or attached to a building or structure. A deck attached to, and projecting beyond, the vertical surface of a building or structure which is located a minimum of eight feet above adjacent grade shall be considered a balcony. 2. Decks located upon the roof of a primary building shall be permitted, except for the following decks which shall be prohibited: a. Decks which are not directly accessible from habitable floor area located on the same level as the deck; b. Decks which are solely accessed by either exterior stairs, a roof hatch, or both (or other similar openings); c. Decks located on an accessory structure or detached garage, and; d. Decks which extend more than ten feet from the exterior facade of the adjacent habitable space. 3. The following standards shall apply to all permitted roof decks: a. A deck shall not create an infringement of privacy, as defined by the height variation findings discussed in Section 17.02.040.C.1.e.ix; b. Any outdoor furnishings, accessories or plants located on a "roof deck" shall not exceed a height of eight feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck; and, c. Any outdoor furnishings, accessories or plants located on a "roof deck" which exceed the height limits established in Section 17.02.040, shall not significantly impair a view from surrounding properties. Section 8: Section 17.02.040.A of Chapter 17.02 of Title 17 is hereby amended read as follows: 17.02.040 View preservation and restoration. The residents of the city of Rancho Palos Verdes, by the adoption of this section, have made a finding that the peace, health, safety and welfare of the community will be served by the adoption of this section and by the regulations prescribed herein. A. Definitions. When not inconsistent with the context, the words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. In carrying out the intent of this section, words, phrases and terms shall be deemed to have the following meanings ascribed to them: 1. "City" means the city of Rancho Palos Verdes and its employees and staff and those designated by the city council to act on behalf of the city. 2. "City council" means the duly elected legislative body of the city of Rancho Palos Verdes. Ordinance No. 355 Page 4 of 9 3. "Director" means the director of the planning, building and code enforcement department of the city of Rancho Palos Verdes. 4. "Foliage" means natural growth of trees, shrubs and other plant life. 5. "Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, including courtyards which are fully enclosed or which have a maximum of one exterior entrance; trellises; decks over thirty inches in height (as measured from existing adjacent grade); parking areas; or driveways. (The lot coverage of a courtyard which is not fully enclosed shall be calculated by the director as if it were fully enclosed by drawing an imaginary line between the walls on either side of the entrance to the courtyard. When the walls on either side of the entrance are of uneven length, the imaginary line shall be an extension of the end of the wall on the shortest side of the courtyard, see diagram below.) 7- A BUILDING FOOTPRINT BUILDING FOOTPRINT 6. "Neighborhood character" means the existing characteristics in terms of the following: a. Scale of surrounding residences; b. Architectural styles and materials; and c. Front yard setbacks. 7. "Planning Commission" means the planning commission of the city of Rancho Palos Verdes as defined in Chapter 2.20 (Planning Commission) of this Municipal Code. 8. "Privacy" means reasonable protection from intrusive visual observation. 9. "Scale" means the total square footage and lot coverage of a residence and all ancillary structures. 10. "Setback" means the minimum horizontal distance as prescribed by this code, between any property line or private easement boundary used for vehicular and/or pedestrian access and the closest point on any building or structure, below or above ground level, on the property. In cases where there is no structure on a lot, setback shall mean the minimum horizontal distance between the property line or easement boundary line and a line parallel to the property line or easement boundary line. Please refer to Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) for setback regulations. 11. Shall and May. "Shall" is mandatory and "may" is permissive. 12. "Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is located on or on top of the ground on a Ordinance No. 355 Page 5 of 9 parcel of land utilized for residential purposes, excluding antennas, skylights, solar panels and similar structures not involving the construction of habitable area. 13. "Style" means design elements which consist of, but are not limited to: a. Facade treatment; b. Height of structure; c. Open space between structures; d. Roof design; e. The apparent bulk or mass of the structure; and f. The number of stories. 14. View. On the Palos Verdes peninsula, it is quite common to have a near view and a far view because of the nature of many of the hills on the peninsula. Therefore, a "view" which is protected by this section is as follows: a. A "near view" which is defined as a scene located on the peninsula including, but not limited to, a valley, ravine, equestrian trail, pastoral environment or any natural setting; and/or b. A "far view" which is defined as a scene located off the peninsula including, but not limited to, the ocean, Los Angeles basin, city lights at night, harbor, Vincent Thomas Bridge, shoreline or offshore islands. A "view" which is protected by this section shall not include vacant land that is developable under the city Code, distant mountain area not normally visible, nor the sky, either above distant mountain areas or above the height of offshore islands. A view may extend in any horizontal direction (three hundred sixty degrees of horizontal arc) and shall be considered as a single view, even if broken into segments by foliage, structures or other interference. 15. "Viewing area" means that area of a structure (excluding bathrooms, hallways, garages or closets) or that area of a lot (excluding the setback areas) where the owner and city determine the best and most important view exists. In structures, the finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to said viewing area. 16. The "view restoration commission" means a planning commission for limited purpose, as defined by Chapter 2.21 (View Restoration Commission) of this Municipal Code, appointed by the city council to consider applications for view restoration permits and city tree review permits. The terms and qualifications of office shall be established by the city council. The commission shall consist of seven members and three alternates, representing as diverse a geographical mix of members and alternates as is practical. The view restoration commission shall draft regulations and policies to guide the actions of the commission, which shall be binding after approval by the city council. In the event the workload of the view restoration commission declines to an amount deemed by the city council to make the continuation of the view restoration commission impractical, the city council shall disband the view restoration commission and transfer its work to the planning commission created and established by Chapter 2.20 (Planning Commission) of this Municipal Code. When the term "planning commission" is referred to in this code, it shall mean the "planning commission of the city of Rancho Palos Verdes" as defined in Chapter 2.20 (Planning Commission), and shall not mean the "view restoration commission" as defined in this section. Ordinance No. 355 Page 6 of 9 M. flinra TABLE 02-A:SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS For exceptions and explanatory descriptions of these standards and for other development standards that apply to single-family residential areas, see Articles VI and VII of this title. The number which follows an"RS-"designation indicates the maximum number of lots per acre permitted in the zone;the"RS-A"number indicates the minimum number of acres per lot permitted. LOT MINIMUM SETBACKS3.8 MINIMUM SETBACKS2•3•8 MAXIMUM MAXIMUM PARKING DISTRICT DIMENSIONS' FOR CITY CREATED LOTS FOR LOTS CREATED PRIOR TO LOT HEIGHT3.4 REQUIREMENTS INCORPORATION/ANNEXATION COVERAGE INTERIOR STREET FRONT INTERIOR STREET REAR less than 5,000 s.f. AREA WIDTH DEPTH FRONT SIDE SIDE REAR SIDE SIDE of habitable space =2 enclosed ga- TTL ONE rage spaces BOTH SIDE SIDES 5,000 s.f.or more RS-A5 5 acres 200 300 20 30 10 20 20 20 5 10 15 6% 16 of habitable space =3 enclosed ga- RS-1 1 acre 100 150 20 25 10 20 20 20 5 10 15 25% 16 rage spaces RS-2 20,000 sf 90 120 20 20 10 20 20 20 5 10 15 40% 16 RS-3 13,000 sf 80 110 20 15 10 20 15 20 5 10 15 45% 16 RS-4 10,000 sf 75 100 20 15 10 20 15 20 5 10 15 50% 16 RS-5 8,000 sf 65 100 20 15 10 20 15 20 5 19 15 52% 16 1. For an existing lot which does not meet these standards,see Chapter 17.84(Nonconformities). 2. Lots of record,existing as of November 25, 1975(adoption of this code),or within Eastview and existing as of January 5, 1983(annexation),shall use these development standards for minimum setbacks. 3. For description,clarification and exceptions,see Chapter 17.48(Lots,Setbacks,Open Space Area and Building Height). 4. For a description of height measurement methods and the height variation process,see Section 17.02.040 of this chapter.A height variation application shall be referred directly to the planning 0 commission for consideration,if any of the following is proposed: Q A. Any portion of a structure which exceeds sixteen(16)feet in height extends closer than twenty-five(25)feet from the front or street-side property line. _. B. The area of the structure which exceeds sixteen(16)feet in height(second story footprint)exceeds seventy-five percent(75%)of the existing first story footprint area(residence and ED garage);and nC. Sixty percent(60%)or more of an existing garage footprint is covered by a structure which exceeds sixteen(16)feet in height(a second story). t0) cp D. Based on an initial site visit,the director determines that any portion of a structure which is proposed to exceed sixteen(16)feet in height may significantly impair a view as defined in this Z chapter. 0 5. For parking development standards,see Section 17.02.030(B)of this chapter. 6. A garage with direct access driveway from the street of access shall not be less than twenty feet from the front or street-side property line,which ever is the street of access. 7. Exterior stairs to an upper story are prohibited,unless leading to and/or connected to a common hallway,deck or entry rather than a specific room. CO 01 8. The front and street-side setback for those portions of structures over sixteen feet in height shall be a minimum of twenty-five feet in all residential zoning districts. Section 9: Section 17.48.040 of Chapter 17.48 of Title 17 is hereby amended to read as follows: 17.48.040 Open space area. An open space area shall be provided on each lot with a residential structure. Open space area shall not include any portion of a lot or building site which is within the definition of lot coverage, as defined in Chapter 17.020.040.A. Lot coverage shall not exceed the maximum area requirements established in the district development standards (see Table 02-A in Section 17.02). In multiple-family residential units, private outdoor decks and balconies with one minimum horizontal dimension of seven feet which are designated for the exclusive use of the occupants of an individual unit may comprise up to thirty percent of required open space. (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) Section 10: Section 17.96.1320 of Chapter 17.96 of Title 17 is hereby deleted in its entirety. Section 11: The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17 as they existed prior to the effective date of this ordinance. Section 12: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all development applications submitted after the effective date of this ordinance and to all development applications for which no final action has been taken prior to the effective date of this ordinance. Section 13: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law. Ordinance No. 355 Page 8 of 9 PASSED, APPROVED and ADOPTED this 18th day of January, 2000. ayer ATTEST: / 1 g City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 355 passed first reading on January 4, 2000, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on January 18, 2000, and that the same was passed and adopted by the following roll cal vote: AYES: Lyon, Ferraro, McTaggart, Stern, and Mayor Byrd NOES: none ABSENT: none ABSTAIN: none ) ti ' s City Clerk M:ICODE AMENDMENTSICA 461ORDINANCE355.doc Ordinance No. 355 Page 9 of 9 EXHIBIT ‘A’ TO ORDINANCE NO. 355 ADDENDUM NO. 4 TO ENVIRONMENTAL ASSESSMENT/ NEGATIVE DECLARATION (EA/ND) NO. 694 January 18, 2000 On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found: 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments; 2) that many of the amendments were clarifications and minor non-substantive revisions; and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties, and therefore, upon the environment. The City Council is currently considering amendments to Title 17 of the Development Code, as it relates to the Maximum Structure Size requirements, the Open Space criteria, and the prohibition of roof decks. Staff believes that the proposed amendments clarify the existing Code requirements and would not result in any new significant environmental effects. As such, the City Council has determined that the proposed amendments would not result in new significant environmental effects but actually serve to reduce impacts upon the environment. Furthermore, the City Council believes that the amendments are within the scope of EA/ND No. 694 that was prepared and adopted in conjunction with the amendments to Titles 16 and 17 that were adopted on April 19, 1997 by the City Council. As a result, no further environmental review is necessary. M:\CODE AMENDMENTS\CA 46\EA694-Addendum4.doc ORDINANCE/RESOLUTION NO. Ord. 355 FILE: 1203 x 1801 SUBJECT: ADOPTING AMENDMENTS TO CHAPTER 17 .02 (SINGLE FAM.RESID. DISTS. ) CHAPTER 17 .48 (DEVELOP. STANDARDS) AND CHAPTER 17 . 96 (DEFINITIONS) OF TITLE 17 OF THE CITY' S MUNICIPAL CODE TO REVISE THE MAXIMUM STRUCTURE SIZE PROVISIONS, TO MODIFY THE OPEN SPACE CRITERIA, AND REVISE THE ROOF DECK PROHIBITIONS FOR RESIDENTIAL ZONED NEIGHBORHOODS. INTRODUCED:1/4/2000 ADOPTED: 1/18/2000 POSTED/PUBLISHED:1/25/2000 ORDINANCE AND RESOLUTION DISTRIBUT ON: CITY ATTORNEY PUBLIC WORKS DEPT. hAVA° RICHARDS, WATSON & GERSHON vrPLAN. BLDG. & CODE ENFORCEMENT 3 3 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT. C1)4101 OS ANGELES, CA 90071 CITY MANAGER DEPT. j1ri.q.e- 11 Zp1 yep° FINANCE DEPT. '5-�� BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION 201 WESTLAKE AVE. NORTH APPLICANT SEATTLE, WA 98109 SCHOOL DISTRICT REGISTRAR SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE. NORWALK, CA 90651-1024 TORRANCE, CA 90503 ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES (STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER DEDICATIONS/TRAILS) LOS ANGELES, CA 90017 L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATTN: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 STATION COMMANDER (OWNERSHIP, EXEMPTION & MAPPING DIV. ) 26123 NARBONNE AVENUE LOMITA, CA 90717 SO. CALIFORNIA GAS COMPANY 2929 182ND STREET COX CABLE REDONDO BEACH, CA 90278-3922 43 PENINSULA ATTN: M. LOW ROLLING HILLS EST. , CA 90274 SO. CALIFORNIA EDISON COMPANY /INSTITUTE OF GOVERNMENTAL111bI2000 P.O. BOX 2944 STUDIES TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL UNIVERSITY OF CALIFORNIA CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720 5837 CREST ROAD WEST RANCHO PALOS VERDES, CA 90275 // / 1, eliVkij-e, Rtirit".4.1 \GENERAL TELEPHONE COMPANY 22715 HAWTHORNS BLVD. 4,314 - C.tAj2 7 °1k°°L"1/(.64-4- (2.61" TORRANCE, CA 90505 -"" 1-1;€ FIA;G PACIFIC TELEPHONE COMPANY Stt.-rt 19310 GATEWAY DRIVE, RM. 208 TORRANCE, CA 90502 N: \CITYCLERK\FORMS\CNTRLSHT.CC