Loading...
PC RES 2011-032 P.C. RESOLUTION NO. 2011-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO AMEND MISCELLANEOUS "CLEAN-UP" CODE CHANGES TO TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE (PLANNING CASE NO. ZON2011-00023) WHEREAS, on July 5, 2011, the City Council authorized the initiation of a Code Amendment (Planning Case No. ZON2011-00023) to implement a number of miscellaneous code amendments to Title 17 of the City's Municipal Code in order to clarify ambiguous language, remove language discrepancies, simplify or modify certain requirements, and codify existing policy procedure and/or application requirements; and, WHEREAS, on August 1, 2011, notices for the Planning Commission's consideration of the proposed "clean-up" code changes were published in the Palos Verdes Peninsula News; and, WHEREAS, after notice was issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on August 23, 2011, at which times 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. 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: That the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 3: That the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific 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: 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 5: Section 17.02.035 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethFo irrh text represents deleted language): Applications which involve the construction of a new single-family residence shall include geology report determining that the project is geologically feasible. The City Geologist shall review and approve said report prior to the application for said project being deemed complete for processing. Section 6: Section 17.70.120.D.17 and 18 are hereby amended to read as follows (the underlined text represents new language and the strip text represents deleted language): F. SuGh ether data as may be Fequired by the diFeGtOF to assist in Feview of the 17. Applications which involve the construction of a new single-family residence shall include geology report determining that the project is c�eolo iq Cally feasible. The City Geologist shall review and approve said report prior to the application for said project being deemed complete for processing. 18. Such other data as may be required by the director to assist in review of the plan. Section 7: Section 17.76.040.D.2H of Title 17 is hereby amended to read as follows (the underlined text represents new language and the S*rrou text represents deleted language): H. Applications which involve the construction of a new single-family residence shall include geology report determining that the project is geologically feasible. The City Geologist shall review and approve said report prior to the application for said project being deemed complete for processing. Section 8: Section 17.02.030.D and 17.02.030.D.4.a of Title 17 are hereby amended to read as follows (the underlined text represents new language and the strikethFeug#text represents deleted language): D. Roof Decks and Balconies 4. The following standards shall apply to all permitted roof decks and balconies: a. A roof deck or balcony shall not create an unreasonable infringement of privacy, as defined by the height variation findings discussed in Section 17.02.040(C)(1)(e)(ix) of the occupants of abutting residences. b. Roof Decks and balconies which are solely accessed by exterior stairs, a roof hatch, or both (or other similar openings); and c. Roof Decks and balconies located entirely on the roof of an accessory structure or detached garage. P.C. Resolution No. 2011-32 Page 2 of 12 Section 9: Section 17.08.030.1-1 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the striketb text represents deleted language): H. With the exception of one "home occupation employee," as defined in Chapter 17.96, there shall be no employment of help other than individuals residing at the subject residence. An on site paFking aFea of no less than nine feet in width-� The home occupation employee shall park on-site. Section 10: Section 17.48.030.C.2.c of Title 17 is hereby amended to read as follows (the underlined text represents new language and the str+kethrouO text represents deleted language): 2. Side and Rear Setbacks. If the following conditions occur: c. Unless alternate setbacks are approved by the Building Official, hen the grade of the slope between the top and toe of sa+d an ascending slope is two feet horizontal to one foot vertical (2:1 or fifty percent) or greater, or the grade of a descending slope is three feet horizontal to one foot vertical (3:1 or thirty-three percent) or greater, thaa then the following hillside setbacks shall apply: Section 11: Section 17.48.050.A.3of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFikethmu text represents deleted language): 3. In residential zoning districts, skylights and vents/ducts required by the Uniform Building Code, may exceed the height limits prescribed in this chapter, upon determination by the director, through a site plan review application, that the skylights and/or vents/ducts will not exceed the maximum ridgeline or the existing residence and will not cause a significant view impairment from adjacent property, as defined in Chapter 17.02 (Single- Family Residential Districts). Chimneys, attached to the main residence or an accessory structure which can be safely erected and maintained at a height which that exceeds the maximum ridgeline of a-reside the structure to which it is attached, may be approved by the director, provided that they do not exceed the minimum height rpt-te # requirements of the building code as determined by the Building Official. Section 12: Section 17.48.050.D of Title 17 is hereby amended to read as follows (the underlined text represents new language and the etr+ketlFeug# text represents deleted language): D. Accessory Structures. Decks, playhouses, detached garages, pools or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flag poles, stand-alone chimneys or any structures or buildings which are physically detached and incidental to the use of the main building are considered accessory structures. Such accessory structures shall be limited P.C. Resolution No. 2011-32 Page 3 of 12 to twelve feet in height, as measured from the lowest preconstruction grade adjacent to the foundation wall to the ridge. In cases of uncertainty, the director shall determine whether a structure is detached and incidental to the use of the primary structure. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). Upon a finding by the director that a detached garage., stand-alone chimney, or a flag pole will have no significant impact on views from adjacent property, the garage, stand alone chimney or flagpole may be exempted from the twelve-foot height limitation, but shall comply with any other height limitations of this Code. Section 13: Section 17.50.030.D of Title 17 is hereby amended to read as follows (the underlined text represents new language and the S+rikethrou h text represents deleted language): D. The planning commission may reduce parking requirements for common parking facilities by up to twenty five peFGent in shopping centers or other commercial areas where a parking lot with common access and joint use is provided, if a parking demand study that justifies any proposed deviation from the parking requirements listed under Table 50-A for this Chapter is submitted and approved by the City. Section 14: Section 17.66.020.B.3 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFiketh text represents deleted language): B. A reduction of any setback and open space requirement contained in this title by twenty percent or less. However, a minor exception permit shall not be granted to reduce the setback and open space requirements for the following: 1. New direct access garages or the conversion of existing indirect access garages to direct access garages which encroach into the required front or street-side setback, 2. A structural addition or modification to an existing structure that has been approved through a discretionary permit by the planning commission or city council within two years of the proposed addition and/or modification_, and 3. AR existiRg struGture, the GGnStFWGtiGR Of WhiGh has been initiated or Section 1S: Section 17.72.050.E of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethrn.,rvh text represents deleted language): L. The filling an existing swimming pool/spa with dirt. P.C. Resolution No. 2011-32 Page 4 of 12 Section 16: Section 17.02.020.E of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strilzcrrkethFoug text represents deleted language): E. The keeping of animals customarily referred to as household pets, as defined in Section 17.96.945 (Definitions) and small domestic animals for noncommercial purposes. Animals that are not customarily referred to as household pets are permitted pursuant to approval of an Exotic Animal Permit; Section 17: Section 17.76.110.A of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFi ug# text. represents deleted language): B. Purpose. The exotic animal permit is established to permit the keeping of animals not customarily referred to as household pets, as defined in SeGtiOR 6.04.230 (Animals) of this Munic;ipal Code, or other dornestiG animals not Section 18: Section 17.96.945 of Title 17 is hereby added to read as follows (the underlined text represents new language and the strikethrou text represents deleted language): 17.96.945 Household Pets "Household Pet" means a domestic animal that is customarily kept as part of a residential use of a property, including dogs, cats and other domesticated species as determined by the Director. Section 19: Section 17.76.115.A.2.a of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethmu.." text represents deleted language): 2. Application a. Written application shall be filed with the director. The applicant shall be the owner of the land on which the animals will be kept. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous twelve months, unless the previous application is denied without prejudice by the director, or on appeal by the planning commission equestrian esittee or city council. An application to the director, for a large domestic animal permit shall be executed under the penalty or perjury and shall contain the following information: Section 20: Section 17.76.115.A.5 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StF!kethrn„ryh text represents deleted language): P.C. Resolution No. 2011-32 Page 5 of 12 Notice of Decision. The notice of decision of a large domestic animal permit shall be given by the director to the applicant any interested person, pursuant to Section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Any interested person may appeal the director's decision to the planning commission equestrian ^pec, and the planning commission's decision to the city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title. Section 21: Section 17.76.115.B.1of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethroutext represents deleted language): 3. Purpose. Except as noted below, a conditional large domestic animal permit may be issued by the planning commission eque6tFiaA GGITIFnittee described pursuant to the provisions of is Section 17.46.070 (EquestFian Overlay ins DistFist)-of this title or by the city council to allow: a. The following animal keeping in an equestrian overlay (Q) district; provided, the planning commission equestrian GOMmittee or city council determines that the findings described in Section 17.76.115.13.3 can be made Section 22: Section 17.76.115.B.2.a of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethroug# text represents deleted language): a. Written applications shall be filed with the director. The applicant may be either the owner of the land on which the animals will be kept or a lessee, registered nonprofit 501(c)(3) corporation or other party, as authorized in writing by the owner of the land. In the case of applications for the operation of an equestrian facility or program by a registered nonprofit 501(c)(3) corporation, the applicant must be the nonprofit corporation with the consent of the property owner if different from the nonprofit corporation. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous twelve months, unless the previous application is denied without prejudice by the Planning commission equestFian raommittee, or on appeal by the city council. An application to the planning commission equestriaR G.,.,,Mittee or city council for a conditional large domestic animal permit shall be executed under penalty of perjury and shall contain the following information: Section 23: Section 17.76.115.B.2.b of Title 17 is hereby amended to read as follows (the underlined text represents new language and the c+rikethrn„ryh text represents deleted language): b. The director shall mail a notice to all property owners shown on the application. The notice shall state the location of the subject property; the intent of the application; the date, time and place of the hearing before the planning commission eque triaR ,,,,.Y,Mittee or city council; and the recipient's P.C. Resolution No. 2011-32 Page 6 of 12 right to oppose the permit before the planning commission equestrian sepnMittee or city council. All opposition to the permit must be submitted in writing to the director within ten working days after the mailing of such notice. Section 24: Section 17.76.115.B.3 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strip text represents deleted language): 3. Findings. The planning commission equestFiaR GGmmittee or city council shall approve an application for a conditional large domestic animal permit, where the information presented by the applicant substantiates the following findings: Section 25: Section 17.76.115.B.4 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFiL�roug# text represents deleted language): 4. Planning Commission EquestFian Committee or City Council Action. a. The planning commission equestFian GOmmittee or city council may impose such conditions on permits as are deemed necessary to ensure that animals will be maintained in accordance with the provisions of this chapter. Such conditions shall include, but are not limited to, an increase in the setbacks between animal keeping areas and adjacent residential structures, additional parking requirements, additional screening requirements, additional waste control requirements and reasonable limitations upon the days, hours and other operating characteristics of any nonprofit equestrian facility or program, including the number, placement and screening of self-contained chemical toilets for the use of program participants. b. The planning commission equestFiaR ...,w,mittee or city council shall deny the application where the information presented by the applicant fails to substantiate the required findings set forth in subsection (13)(3) of this section to the satisfaction of the planning commission serittee or city council. Section 26: Section 17.76.115.B.5 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethrou text represents deleted language): 5. Notice of Decision. The notice of decision of a conditional large domestic animal permit shall be given by the director the applicant and any interested person, pursuant to Section 17.80.040 (Hearing Notice and Appeal Procedures) of this title. Any interested person may appeal thelap nninq commission's equestrian GGMMittee's-decision to the city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title. P.C. Resolution No. 2011-32 Page 7 of 12 Section 27: Section 17.76.115.B.6.a of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethm „rh text represents deleted language): a. Each conditional large domestic animal permit shall continue in perpetuity, unless a different time period is specified by the planning commission or on appeal by the city council, or pursuant to subsection (13)(6)(b) of this section; or unless the permit allows the keeping or maintaining of large domestic animals, in which case the permit shall terminate when the lot(s) or parcel(s) is/are sold or transferred. For purposes of this subsection (13)(6), change of ownership shall not include inter-spousal transfers in cases of divorce or inheritance by a spouse or child. Section 28: Section 17.76.115.B.6.b.iii of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethFOU0 text represents deleted language): iii. The request to transfer the permit shall be reviewed by thelap nning commission eque&t4an nGmn4 ttee and the city council as a revision to the existing conditional large domestic animal permit, pursuant to the required findings and public hearing and notification requirements specified under subsections (13)(3), (4) and (5) of this section. Section 29: Section 17.46.070 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFik text represents deleted language): A. Purpose. The Planning Commission has taken on the duties of the Equestrian Committee. The Planning Commission is to advise the city council on technical matters pertaining to the implementation and enforcement of this chapter, to assist with the resolution of disputes regarding the keeping of large domestic animals, to discourage the boarding of more than four horses and other large domestic animals, and to consider conditional large domestic animal permit applications in accordance with the terms and requirements of this chapter and the procedures described in Section 17.76.115 (Large domestic animal permits) of this title. personsknowledgeablein the keeping and maintaining of Iarge dem SLOG reside in the Gity. if s n�"ivW R e Fs.. B. �,'. Authority. The equestrian nnmmittee Planning Commission shall have the authority to: C. 9-. Appeal. The decisions of the equeStFiaR GeMmittee Planning Commission may be appealed to the city council pursuant to the provisions described in Chapter P.C. Resolution No. 2011-32 Page 8 of 12 17.80 (Hearing ,Notice and Appeal Procedures) of this title. Erin thee-event-ttit�-YY d of the ee deGIino to an . moundeemed by the Gity GDOURGOI tO make the Gentinuatien of the equestrian Gammittd a-o,-n,�e��e�tH�n-G91i�t., Section 30: Section 17.76.120.D.3 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the +rikethrn„nh text represents deleted language): 3. Location. If a video game arcade constitutes the primary use on a lot or parcel panel, said video game arcade shall be located a minimum of one hundred feet from any residential or institutional building, other than residential or institutional accessory buildings that are not designed for occupancy such as storage sheds or detached garages. Section 31: Section 17.84.060.A.2 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethFaugh text represents deleted language): 4. Residential buildings and any 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 may be replaced, repaired or restored to original condition; provided, that such construction is limited to the same maximum height, square footage number of pre-existing and legally permitted dwelling units 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. Section 32: Section 17.86.080 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the stFikethFou text represents deleted language): The fees and charges made pursuant to Title 16 and Title 17 of this Code and other policies of the city shall be doubled, when work requiring a permit has been started or carried on prior to obtaining said permit or if said permit is allowed to expire or is withdrawn by the applicant. A nonrefundable penalty fee, as established pursuant to city council resolution, shall be charged for applications for which the fees are based on deposits against charges. If a property owner can demonstrate to the satisfaction of the Director that an unpermitted structure which is the subject of an after-the-fact application was constructed prior to the current property owner taking title to the property and was not disclosed by the previous property owners, then the penalty fees may be waived. P.C. Resolution No. 2011-32 Page 9 of 12 Section 33: Section 17.76.020.A.11 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the str+ketf}mu text represents deleted language): 11. Requirements for an Application. The installation and/or operation of a commercial antenna shall require the submittal of a conditional use permit application. The application package shall contain the following information: L * For all commercial antenna and/or monopole applications, a photographic simulation of the proiect shall be submitted concurrently with the application. Said application will not be deemed complete until the applicant has submitted said photographic simulation; j. For all commercial antenna and/or monopole applications, a mock-up structure shall be erected and maintained at the proposed location by the applicant between the time of notice and until the time a final decision is rendered. Section 34: Section 17.96.2050 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): "Accessory structure" means a structure or part of a structure not exceeding twelve feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. Were an aGGesseFy stFuGtuFe is a paFt Of,-OF jOiRed to, the main building by means Othe paFt of the main buildiRg. _A structure, other than the primary structure, that is incorporated within the continuous roofline of the primary structure, is part of the Primary structure and is not considered an accessory structure. Section 35: Section 17.96.1990 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the StFikethmuo text represents deleted language): "Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. For the purposes of this definition, "space in a building" includes the space between the floor and the ceiling of a carport. Section 36: Insert a Coastal Zone Diagram into Chapter 17.72 titled Coastal Zone Diagram pursuant to Exhibit "A", attached to this Resolution. Section 37: 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 the 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 said ordinance. P.C. Resolution No. 2011-32 Page 10 of 12 Section 38: 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. Section 39: 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 to amend miscellaneous "clean-up" code changes to Title 17 (Zoning) of the City's Municipal Code in order to clarify ambiguous language, remove language discrepancies, simplify or modify certain requirements, and codify existing policy procedures and/or application requirements. (Planning Case No. ZON2011-00023). PASSED, APPROVED, AND ADOPTED this 23rd day of August 2011, by the following vote: AYES: Commissioners Emenhiser, Gerstner, Knight, Leon, Lewis, Vice Chairman Tetreault and Chairman Tomblin NOES: None ABSTENTION: None ABSENT: None RECUSALS: None David L. Tomblin Chairman Joel Rojas, AICP Community Development Director, and Secretary to the Planning Commission P.C. Resolution No. 2011- 32 Page 11 of 12 EXIBIT "A" (Coastal Zone Diagram attached) P.C. Resolution No. 2011-32 Page 12 of 12 J Y I U � • f0 .+ N N I v� — ro N f6 : O ++ U C N a �.. O m c N o : ro c 5 U Q) m C) CD U Z �^ .c 0 vJ cu w NO � U o U L 4. ro •- :r U 0 nN 3 a — m cn a� cu a� L a' N I O 'O f6 U C /D to O N Q 0 wU) CO W ro N o� 0 c J � a : z I ,C V •w' O Y` N U U N Q Z a� ro m a o L �C o I Q m - U m ftf CO ro a 2 W .� o m N hY .r ro � W a� m 0 U Z — N vi a� O ai ` N co U O : T L 0 N Ngo. L ate+ � � V N x U r v U f6 L (u `J Co C •Q N yr N c N o � (n c N N — J V Q ro U<OA Nco O� .N a> YU CO co m CU CU Co O O �, .D • U :! f Qa . I a� a� Q : Q L w C Q O O N _ l0 N tq I C T t ' C V O ++ C � f6 a� J Y � O t U Y ca o c !+- L U r O ��♦♦ N fq = W 3 Q �c C — CO- oc J m J fA f0 Y N O. I •Y N O f6 V U N ro i U (C3 O c �r U m m E c coo U 0 m �- N _ m Y (A o 'a � N O U : t U f6 1 I fA .c Q +-� I– w — — x � N y.r Nf6 O : I O in W 0 U N U ,. .41 110-19Z z