PC RES 2007-047 P.C. RESOLUTION NO. 2007 7
RESOLUTION OF THE PLANNING COMMISSIONF THE CITY OF
RANCHOPALOS VERDES RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF AN ORDINANCET END MISCELLANE
PROVISIONS OF CHAPTERS 17.02, 17.069 1760, 17.78 AND 17.84 OF
TITLE 17 (ZONING) OF THE CITYS MUNICIPAL CODE
WHEREAS, on May 1, 2007, after considering oral and written testimony, based
on a request from Staff, the City Council directed Staff to initiate a code amendment to:
1) waive duplicate penalty fees for after-the-fact Planning applications in certain
specified circumstances; 2) expedite Planning review and exempt the reconstruction of
single-family residences that are damaged or destroyed by fire from the City's
Neighborhood Compatibility requirements; 3) revise the noise and vibration standards
from the City's Attached Unit Development Standards; and, 4) add a requirement for the
construction of temporary framework silhouettes for multi-family residential, commercial,
institutional and cemetery projects requiring approval of a conditional use permit; and,
WHEREAS, on May 26, 2007, a public hearing notice for this code amendment
was published in the Palos Verdes Peninsula News; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on June
12, 2007, and July 10, 2007, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1® The Planning Commission has reviewed and considered the
amendments to Title 17 of the Municipal Code.
Section 2: The Planning Commission finds that the amendments to Title 17 of
the Municipal Code are consistent with California Government Code Section 65853,
zoning amendment procedures.
Section n The Planning Commission finds that the amendments to Title 17
are consistent with the Rancho Palos Verdes General Plan in that they preserve and
enhance the community's quality living environment, and enhance the visual character
and physical quality of existing neighborhoods.
Section 4: The Planning Commission 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 provide regulations that
would reduce impacts to properties within the City and the environment by protecting
the aesthetic quality of the area. An Addendum (No. 17) to the prior Negative
Declaration has been prepared and is attached hereto as Exhibit W. The Planning
Commission hereby finds, based on its own independent judgment, that the facts stated
in the Addendum are true because the revisions to the Development Code will
strengthen the Code with no potential environmental impacts.
Section : The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area,
while balancing property rights.
Section 6: Section 17.78.010 of Title 17 is hereby revised to read as follows
(the underlined text represents new language and the stril text represents
deleted language):
17.78.010 Fee waivers
A. Except for the application fee exemptions described in Sections 17.78.010(BEJ
and F of this chapter, no appeal, application for a permit or approval under Title
15, Title W or Title 17 of this Municipal Code may be accepted unless the
applicant pays all necessary' application, appeal and/or penalty fees as
established by the city council. The director may accept requests for waiver of
application, appeal and/or penalty fees for presentation to the city council. If a
fee waiver request is submitted concurrently with an application or appeal, the
application, appeal and/or penalty fee shall be paid by the applicant and the paid
fee shall be held by the city until a determination is made on the accompanying
fee waiver request.
B. The city council may, in its discretion, grant such a waiver if it finds:
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;
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.
C. The city council may, in its discretion, grant a fee waiver without making the
findings specified in Section 17.78.010(8) of this chapter, if the applicant has
been granted a variance due to administrative error pursuant to Section
17.64.020(0) (Variances) of this title.
D. The city council may, in its discretion, -grant_a penalty fee waiver without making
the findings specified in Section 17.78.010(8) of this chapter, if the applicant has
previously paid the penalty fee for an after-the-fact application that was denied
P.C. Resolution No. 2007-47
Page 2 of 10
without preiudice, and is submitting a subsequent, modified version of the after-
the-fact application within one year of the denial of the previous application.
D-.E. Registered nonprofit 501(c)(3) corporations that are registered with the secretary
of state and which are located or conduct business in the city of Rancho Palos
Verdes or provide services available to city residents, shall, upon submittal of
reasonable proof as to nonprofit 501(c)(3) status, be exempt from the
requirement for payment of application fees associated with processing certain
planning applications. This exemption shall apply only to the following types of
applications:
1. Temporary sign permits;
2. Special use permits;
3. Sign permits;
4. Site plan review applications (only where no new expansion of building
space or lot coverage is proposed); and
5. Conditional large domestic animal permits.
This fee exemption shall not be construed as waiving the requirements for
submittal and review of the required applications and associated information.
This fee exemption shall not apply to appeal fees, penalty fees or fees for
building permits or plan check services. Fee waivers for appeal fees, penalty
fees and/or building permits or plan check services shall be processed in
accordance with the procedures described in Section 17.78.010 of this chapter.
F. Any permit or application fees (excluding city consultant review fees) associated
with the proposed reconstruction of a building or other structure that has been
damaged or destroyed by fire or other involuntary act of the property owner shall
be waived, provided that the rebuilt building or structure is no more than 250
square feet larger than it was prior to the damage or destruction.
Section 7: Section 17.02.030(8)(2) of Title 17 is hereby revised to read as
follows (the underlined text represents new language and the stFikethr^,onh text
represents deleted language):
The projects listed in the following subparagraphs (a through dJ shall be exempt from
the Neighborhood Compatibility requirements of this subsection. However, no property
shall be issued a permit for a project that is subject to the same subparagraph more
than once in a two-year period without complying with the Neighborhood Compatibility
requirements:
a. An addition to an existing single-family residence that meets the following criteria:
(i.) Is sixteen feet or less in height, as measured according to the criteria
stated in Section 17.02.040(5);
(ii.) Is not being constructed along the facade facing any street,
(iii.) Is two hundred fifty square feet or less in floor area; and
(iv.) Complies with all of the city's residential development standards.
b. An addition or conversion of non-habitable floor area to habitable floor area that
does not result in exterior modifications other than the placement of flush
mounted doors and windows.
P.C. Resolution No. 2007-47
Page 3 of 10
C. The construction of a minor non-habitable accessory structure, such as, but not
limited to, a cabana, a pool changing room, a storage shed, or a playhouse, that
meets the following criteria:
(i.) Is twelve feet or less in height, as measured from lowest adjacent grade
as stated in Section 17.48.050(D)
(ii.) Is less than two hundred fifty square feet in floor area; and
(iii.) Complies with all of the city's residential development standards.
d. The enclosure of a roofed breezeway between legally permitted structures or the
enclosure of a two hundred fifty square foot or less patio cover, provided the
enclosure:
(i.) Is sixteen feet or less in height, as measured according to the criteria
stated in Section 17.02.040(8);
(ii.) Is attached to the primary structure; and,
(iii.) Complies with all of the city's residential development standards.
e. The reconstruction of a single-family residence damaged or destroyed by fire or
other involuntary act of the property owner, provided that the reconstructed
residence:
,(i.) Is the same size and located in the same general location as the ori_ icinnal
residence;
CE) Is designed with substantially the same exterior materials, finishes and
architectural style as the original residence; and,
(iii.) Complies with all of the city's residential development standards.
Section 8: Section 17.60.020 of Title 17 is hereby revised to read as follows
(the underlined text represents new language and the striketh,-.,u text represents
deleted language):
17.06.020 Development Standards.
A. Attenuation of Noise and Vibration.
1. No plumbing fixture or other such permanent device which generates
noise or vibration shall be attached to a common wall adjacent to a living
room, family room, dining room, den or bedroom of an adjoining unit. All
plumbing fixtures or similar devices shall be located on exterior walls, on
interior walls within the unit or on common walls, if adjacent to a similar
fixture or device.
2. All water supply lines within common walls and/or floors/ceilings shall be
isolated from wood or metal framing with pipe isolators specifically
manufactured for that purpose and approved by the city's building official.
In multistory residential structures, all vertical drainage pipes shall be
surrounded by three-quarter-inch thick dense insulation board or full thick
fiberglass or wool blanket insulation for their entire length, excluding the
sections that pass through wood or metal framing. The building official
may approve other methods of isolating sound transmission through
plumbing lines where their effectiveness can be demonstrated.
P.C. Resolution No. 2007-47
Page 4 of 10
3. All common wall assemblies which separate attached single-family units
shall be of a cavity-type construction.
4. All common wall assemblies which separate all other attached dwelling
units (multiple-family condominiums, stock cooperatives, community
apartment houses) or a dwelling unit and a public or quasi public space
shall be of a staggered-stud construction.
5. All common wall assemblies which separate dwelling units from each
other or from public or quasi public spaces (interior corridors, laundry
rooms, recreation rooms and garages) shall be constructed with a
minimum rating of fifty-five STC (sound transmission class).
6. All common floor/ceiling assemblies which separate dwelling units from
each other or from public or quasi-public spaces (interior corridors, laundry
rooms, recreation rooms and garages) shall be constructed with a
minimum rating of fifty STC (sound transmission class) and a minimum
rating of s&ty five fifty-five IIC (impact insulation class). Floor coverings
may be included in the assembly to obtain the required ratings, but must
be retained as a permanent part of the assembly and may only be
replaced by another insulation.
7. STC and 11C ratings shall be based on the result of laboratory
measurements and will not be subjected to field testing. The STC rating
shall be based on the American Society for Testing and Materials system
specified in ASTM#90-66t or equivalent. The 1/C rating shall be based on
the system in use at the National Bureau of Standards or equivalent.
Ratings obtained from other testing procedures will require adjustment to
the above rating systems. In documenting wall and floor/ceiling
compliance with the required sound ratings, the applicant shall either
furnish the city's building official with data based upon tests performed by
a recognized and approved testing laboratory, or furnish the building
official with verified manufacturer's data on the ratings of the various wall
and floor/ceiling assemblies utilized.
B. Utility Easements Over Private Streets and Other Areas. If private streets are
involved, a provision shall be made for public utility easements over the entire
private street network. The director and/or planning commission may also
require public utility easements adjacent to public streets or over other areas to
accommodate fire hydrants, water meters, street furniture, storm drainage,
sanitary sewers, water and gas mains, electrical lines and similar urban
infrastructure. The director and/or planning commission may also require access
routes necessary to ensure that fire fighting equipment can reach and operate
efficiently in all areas.
Section 9: Section 17.60.020 of Title 17 is hereby revised to read as follows
(the underlined text represents neve language and the eegl� text represents
deleted language):
P.C. Resolution No. 2007-47
Page 5 of 10
17.60.020 Application.
A. The application for a conditional use permit shall be filed on forms provided by
the city. A person may not file, and the director shall not accept, an application
which is the same as, or substantially the same as, an application upon which
final action has been taken by the director, by the planning commission, or by the
city council within twelve months prior to the date of said application, unless
accepted by motion of the planning commission or city council, or the previous
application is denied without prejudice by the planning commission or city
council.
B. An application shall contain full and complete information pertaining to the
request.
C. The director or the planning commission shall investigate the facts bearing on
each case to provide information necessary to assure action consistent with the
intent and purposes of this title.
D. In cases where the director considers the conditions set forth on the application
not within the scope of the conditional use permit procedure, the applicant shall
be so informed. Whereupon, if the application is filed, it shall be signed by the
applicant to the effect that he or she was so informed. Filing of an application
does not constitute an indication of approval.
E. In no event shall the acceptance of an application by the city be construed as
support for, or the eventual approval of, the proposed use.
F. For multi-family residential and non-residential development applications, a
temporary framework silhouette of the proposed project shall be required to be
constructed as part of an application. Said application will not be deemed
complete until the applicant has submitted a signed statement agreeing to
construct said silhouette when directed to do so by the Director some time prior
to the pubic hearing on the application. The silhouette shall be constructed,
marked and certified in accordance with the guidelines established by the city
council for non-residential construction projects.
Section 1 Section 17.84.060 of Title 17 is hereby revised to read as follows
(the underlined text represents new language and the stri text represents
deleted language):
17.84.060 Nonconforming buildings and other structures.
All structures, including main buildings, accessory buildings, walls, fences and any other
structures, which do not meet the height or setback standards, or which result in open
space less than required, or for which the number of parking spaces provided is less
than required, are deemed to be nonconforming structures. No physical change,
enlargement, extension or reduction which increases the degree or extent of a
nonconforming structure or building shall be made. The following provisions shall apply.
A. Residential Buildings.
1. Residential buildings and related attached or detached accessory
structures located in any zoning district which are damaged or destroyed
P.C. Resolution No. 2007-47
Page 6 of 10
by a geologic hazard may be replaced, repaired or restored to original
condition; provided, that such construction shall be limited to the same
square footage, maximum height and general location on the property,
and said construction shall not aggravate any hazardous geologic
condition, if a hazardous geologic condition remains. Prior to approval for
such construction, the applicant shall submit to the city geologist any
geological and/or geotechnical studies reasonably required by the city
geotechnical staff and the applicant shall comply with any abatement
measures as a condition of permit issuance. Upon application to the
director, buildings may be expanded to conform to the setbacks listed
below:
Minimum Setback Standards
Front Interior Side StreetSide ear
10 15
20
2. Residential buildings and related attached or detached accessory
structures located in any zoning district which are damaged or destroyed
due to an involuntary act, or due to a voluntary act against the structure(s)
which is not the fault of the property owner or-/essee may be replaced,
repaired or restored to original condition; provided, that such construction
is limited to the same maximum height, square footage and general
location on the property. Upon application to the director, structures may
be expanded to conform to the setbacks listed in Section 17.84.060(A)(1)
of this chapter.
3. Residential buildings 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 or removed within a two year
period, shall then conform to all current development standards for that
district and the most recently adopted version of the Uniform Building
Code.
B. Nonresidential Buildings. Through December 31, 2009, any nonconforming
nonresidential building in any commercial district may be restored to its original
condition consistent with the Uniform Building Code, in the event of destruction
due to an involuntary act, or due to a voluntary act against the property which is
not the fault of the property owner or- e. Such construction shall not extend
the amortization period for any structure.
C. Other Structures.
1. Any nonconforming structure which requires a building permit and which
has deteriorated or is damaged, may be restored to original condition, in
accordance with the most recently adopted version of the Uniform Building
Code; provided, that the cost of such restoration does not exceed fifty
percent of the replacement value of the structure, as determined by the
director. If the restoration is necessary due to damage, the restoration
shall commence, as that phrase is defined in Section 17.86.070
(Enforcement) of this title, one year from the date when the damage
P.C. Resolution No. 2007-47
Page 7 of 10
occurred. Otherwise, the restoration of said structure shall conform to all
current development standards for that district.
2. Any nonconforming structure which does not require a building permit and
which has deteriorated or is damaged, may be restored to original
condition; provided, that such restoration does not pose a significant
safety hazard, as determined by the director. If the restoration is
necessary due to damage, the applicant shall commence upon the
restoration, as that phrase is defined in Section 17.86.070 (A)(2)
(Enforcement) of this title, within one year from the date the restoration is
approved by the director.
D. The director shall be notified in writing prior to the restoration or replacement of
any nonconforming structure. With the exception of nonconforming walls, fences
and the minor structures and mechanical equipment listed in Section
17.48.030(E)(3) (Lots, Setbacks, Open Space Area and Building Height) of this
title, the replacement and/or restoration of nonconforming structures shall be
approved by the director through a site plan review application; provided, the
proposed replacement and/or restoration conforms to the provisions of this
chapter.
E. Where a structural alteration is proposed to be made to any legal nonconforming
building, accessory structure or garage, no building permit for a new structure or
an addition to an existing structure which adds fifty percent or more to the
existing floor area shall be issued, unless plans to bring any nonconforming
building into .compliance with the standards of this title or as near to compliance
as is practically feasible, are approved by the director. No certificate of
occupancy or final building permit shall be issued until such improvements are
completed per the approved plans. This requirement shall not apply to
nonconforming buildings which are deemed legal nonconforming because they
do not meet the setback standards of this title.
F. When the underlying zoning designation changes on a parcel, the property shall
be brought into compliance with the parking standards of the new zoning
designation, at such time that a change of use of the property, as defined by
Chapter 17.96 of this code, occurs.
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 the
adoption of said 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 the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
P.C. Resolution No. 2007-47
Page 8 of 10
Section 13: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending miscellaneous provisions of Chapters 17.02,
17.06, 17.60, 17.78 and 17.84 of Title 17 (Zoning) of the City's Municipal Code.
PASSED, APPROVED, AND ADOPTED this 10 th day of July 2007, by the
following vote:
AYES: Commissioners Karp, Knight, Ruttenberg and Tetreault, Vice
Chairman Perestam. and Chairman Gerstner
NOES: Commissioner Lewis
ABSTENTION: none
ABSENT: none
7/ ca
-
Bill Gerstner
Chairman
Joel/fRolas, AICP U
Dir cto of Plann ng Building
and C e Enforc ent; and,
Secre ary to the Planning Commission
P.C. Resolution No. 2007-47
Page 9 of 10
ADDENDUM A 17 TO ENVIRONMENTAL T/
NEGATIVE DECLARATION ( EA/ND) NO. 694
JULY 1 , 2007
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 upon the environment.
The Planning Commission is currently reviewing miscellaneous amendments to Title 17
of the Municipal Code. The proposed amendments provide regulations that would
reduce undue burdens imposed upon property owners in cases of certain after-the-fact
applications and reconstruction of fire-damaged residences. Furthermore, the revisions
would protect residents of future attached dwelling units from unreasonable noise and
vibration impacts, and help to reduce impacts to properties within the City and the
environment by protecting views and the aesthetic quality of the area. As such, the
Planning Commission has independently reviewed this item and determined that the
proposed amendments will not result in any new significant environmental effects.
Furthermore, the Planning Commission recommends that the City Council find the
amendments to be within the scope of EA/ND No. 694 that were prepared and adopted
in conjunction with the amendments to Titles 16 and 17, which were adopted on April
19, 1997 by the City Council. As a result, the Planning Commission recommends to the
City Council that no further environmental review is necessary other than the City
Council's adoption of this Addendum No. 17.
M:\Projects\ZON2007-00076(Citywide,Miscellaneous Code Amendments)\PC Resolution 2007-47.doc
P.C. Resolution No. 2007-47
Page 10 of 10