PC RES 1978-051RESOLUTION P.C. N0. 78- 51
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING ADOPTION OF CODE
AMENDMENT NO. 5, REVISING CHAPTER 1, PART 1, SECTION
9113 OF THE DEVELOPMENT CODE
WHEREAS, the City has initiated Code Amendment No. 5, Height Variation;
and
WHEREAS, the Planning Commission has held public hearings on this matter
on August 8, August 22, and November 14, 1978, at which time all interested par-
ties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS:
Section 1: That the Code revision is necessary to clarify and amend the
language of the Code.
Section 2: That a Negative Declaration was issued for the project.
Section 3: For the foregoing reasons, the Planning -Commission of the City
of Rancho Palos Verdes hereby recommends approval of Code Amendment No. 5, pur-
suant to Exhibit "A", attached.
APPROVED and ADOPTED this 28th day of November, 1978.
'Sharon W. Hightower
Directof of Planning and
Secretary to the Commission
EXHIBIT "A"
9113 HEIGHT VARIATION
A. Purpose
Any individual or persons desiring to construct a residence or an addition to an
existing residence exceeding sixteen (16) feet in height may apply for a Height
Variation Permit, which, if granted pursuant to the procedures contained herein,
will permit said individual to construct a residential structure not exceeding
thirty (30) feet in height, measured in the manner as established in this section.
B. Procedure
1. Any person desiring to apply for a Height Variation Permit shall complete
and fill out an application and submit it to the Director of Planning, to-
gether with a fee as established by Resolution of the City Council. The
Director may grant the applicant permission to build a residential structure
to a maximum height of thirty (30) feet if the Director finds as follows:
a. Notice of the application to exceed sixteen (16) feet in height has
been given to property owners within five hundred (500) feet of the lot.
b. The proposed structure is designed and situated in such a manner as to
minimize view obstruction.
C. A view impairment for that portion over sixteen (16) feet high may not
significantly impair the primary view from a property or properties
identified as having a view per this section.
d. The proposed structure is not located on a ridge or promontory.
e. The structure does not significantly impair a view or vista from public
property (parks, major thoroughfare, bikeways, walkways, equestrian
trails, etc.) which has been identified in the City's General Plan,
Coastal Plan, or City approved viewing areas.
2. In approving a permit, the Planning Director, Planning Commission, or City
Council may make the permit subject to such reasonable conditions as they
deem necessary.
31. In the event the Director of Planning refuses to grant the permit or in the
event the Director grants a permit and an interested party objects to the
granting of the permit, an appeal may be made to the Planning Commission. In
order for the Planning Commission to overrule the Director of Planning, it
must specifically determine, in the case of an appeal by an applicant, that
all findings listed herein have been met or, in an appeal by an interested
party other than the applicant, that the applicant failed to comply with or
meet any of the above -listed conditions.
4. The decision of the Planning Commission may be appealed to the City Council,
which, in order to grant a permit, must determine that the findings listed in
this section have been met by the applicant.
5. Anyone appealing a decision of the Planning Director or Planning Commission
must file a written request, together with a fee as established by Resolution
of the City Council, within fifteen (15) days after the decision is made.
C. View Lot
Parcels located within the City having the characteristics listed below shall be
considered to have a view for the purposes of this part. A lot shall not be con-
sidered a view lot if a view obstruction would occur from a structure which meets
the other requirements of this Code and could be built or modified without variance
within the zoning district in which it occurs.
Resolution P.C. No. 78-51
1. There exists a principal identifiable view, not viewed from within the set-
backs, which view will be determined by the Director of Planning. This will
be applicable to both structures and vacant lots. No part of a structure
constructed with a height variation or variance or which would have required
a height variation or variance when originally constructed had this ordinance
been in effect shall be used asoma principal viewing area.
2. The principal view is a scene, not located within the immediate area, such as
the ocean, Li A. basin, City lights, harbor, shoreline, or off -shore islands.
D. Method of Measuring Height
1. For the purpose of measuring height on lots which slope uphill from the street
of access, sixteen (16) feet shall be measured from the existing grade at the
highest point on the lot to be covered by the structure to the ridgeline or
the highest point of the structure.
2. For lots sloping downhill from the street of access, the sixteen (16) feet
height limitation shall be measured from the average elevation of the property
line abutting the street of access to the ridgeline or the highest point of
the structure.
3. For lots sloping in the same direction as the street -of access, lots with a
building pad at a different level than the street, or lot configurations not
previously discussed, sixteen (16) feet shall be measured from existing grade
at the highest elevation covered by the structure to the ridgeline or highest
point of the structure.
4. On sloping lots, a structure which steps with the slope of the lot will be
allowed; however, no portion of the structure shall exceed thirty (30) feet
in height when measured from the top of the lowest foundation or slab to the
ridgeline or high point of the structure. The thirty (30) foot height shall
not exceed a horizontally projected sixteen (16) foot height line (from the
high point of the uphill step of the structure). Furthermore, at no point
may the top of the foundation (not including any crippleifwafl)-be-greaEer-'Eha"n
five (5) feet above the average elevation of the -finished grade, where it
touches said foundation.
Page Two Exhibit "A" of Resolution P.C. No. 78-51