PC RES 1982-004 111 III/
RESOLUTION P.C. NO. 82-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY
COUNCIL COASTAL SPECIFIC PLAN AMENDMENT NO. 1,
GENERAL PLAN AMENDMENT NO. 10, CODE AMENDMENT NO.
12, AND ZONE CHANGE NO. 9
WHEREAS, the City has initiated Coastal Specific Plan Amendment No. 1,
General Plan Amendment No. 10, Code Amendment No. 12, and Zone Change No. 9;
and
WHEREAS, the Planning Commission has held a public hearing on these
matters on February 23, 1982, at which time all interested parties 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: The Planning Commission has reviewed and considered the
contents of 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 to recommend approval
of said amendments.
Section 2: The Planning Commission finds that Coastal Specific Plan
Amendment No. 1 and General Plan Amendment No. 10 are appropriate to the
City's goals and State law and regulations.
Section 3: The Planning Commission finds that Code Amendment No. 12
and Zone Change No. 9 are consistent with the Coastal Specific Plan and the
General Plan.
Section 4: The Planning Commission of the City of Rancho Palos Verdes
hereby recommends approval of Coastal Specific Plan Amendment No. 1, General
Plan Amendment No. 10, Code Amendment No. 12, and Zone Change No. 9, as con-
tained in the attached document titled "Exhibit A."
APPROVED and ADOPTED this 23rd day of February , 1982.
At, i'r
M= vin W. i'uhes, Cha' ••an
/11P
)).**. -•
Sharon W. Hightower
Director of Planning and
Secretary to the Commission
EXHIBIT "A"
COASTAL COMMISSION CONDITIONS COASTAL SPECIFIC PLAN AMENDMENT NO. 1
Access & Parking: Revisions to Urban Environment Element, Infra-
structure, Transportation Systems, and other
1. a. Development of bluff roads and appropriate sections:
secondary access corridors shall be
required as part of new development, 1. Development of bluff roads and access corri-
and shall be developed in other dors will be required as part of contiguous
areas as soon as funding is avail- new development, and will be developed in
able, substantially as shown on the other areas as funding is available, substan-
access corridor map (page C-6 , tially as shown on the Access Corridors map
Figure 24 of the Coastal Specific (Figure 24 , page C-6) and to City standards.
110. Plan) . In Subregion 3 , minor Minor variation in the secondary access
variation in the route may be per- corridor will be permitted in Subregion 3 if
mitted if it can be found that an such variation provides equal or greater
alternative route provides equal public access to and recreational use of the
or greater public access to and blufftop area.
recreational use on the blufftop
area. (See also condition 7b. )
b. As part of development of access 2 . The parking bays to be developed at Neptune
corridors and in conjunction with Cove and Halfway Point shall have a minimum
new development, parking bays with of 15 public spaces at each location. The
a minimum of 15 spaces each shall City will monitor the use of and need for
be developed at Neptune Cove and on-street and off-street parking along the
Halfway Point. The City shall seek access corridors.
to expand parking opportunities if,
in the future, it is found that the
then existing on-street and off-
111 street parking is not adequately
serving public need for parking
along the access corridors.
c. New development north of the drain- 3. New development north of the drainage course
age course in Subregion 1 shall be in Subregion 1 shall be designed to maximize
designed to maximize public access public access to the bluff, where safe, and
to and along the bluff and views of views from a public road.
the ocean from a public road.
d. New subdivision streets, and existing 4 . New subdivision streets , and existing public
public streets, shall be available streets, will be available for public on-
for public on-street parking, ex- street parking, excluding Palos Verdes Drive
cluding Palos Verdes Drive South and South and West, except as stated in Policy
West. 10 , page U. 67.
e. In conjunction with the development 5. Appropriate signing will identify coastal
of access corridors, parking facili- access opportunities for the public.
ties, and other access ways, signs
shall be erected at suitable loca-
tions and of adequate size to inform
the public of these coastal access
opportunities.
f. As part of the development of Pt. 6 . Pt. Vicente Park, when fully developed,
Vicente Park by the City, an improved will provide parking for a minimum of 45
parking lot with a minimum of 45 cars and an overflow parking area for use
spaces shall be provided and, in during peak periods for an additional 30
411 addition, an overflow parking area cars.
shall be made available for use
during peak periods, serving approxi-
mately 30 additional cars.
Visitor-Serving Uses :
Revisions to Urban Environment Element, Activity
2 . The land use plan shall designate at Areas, and other appropriate sections :
least half- of the 17-acre former school
site in Subregion 2 for commercial 7 . The Land Use Plan of the Coastal Specific
recreation and visitor-serving uses Plan and the General Plan designates the 17-
(including hotels, motels, restaurants , acre former school site in Subregion 2 for
retail shops, and related uses) . commercial recreation visitor-serving uses.
3. The land use plan shall allow visitor- 8 . Visitor-serving uses may be permitted in
serving uses as conditionally permitted Subregions 1, 3 , 5 , and 7 , with a conditional
in Subregions 1, 3 , and 7 . use permit.
4. The land use plan shall allow, and the 9 . The Land Use Plan allows for, and the City
City shall encourage the County to will encourage the County to develop, appro-
develop, appropriate public campground priate public campground facilities to the
facilities to the extent physically extent physically feasible in Shoreline Park.
feasible at Shoreline Park (Subregion
8) .
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Housing:
5 . In addition to any other applicable re-
quirements of the City, existing rental
housing units within the City' s coastal
zone shall not be allowed to convert to
stock cooperative, condominium or other
ownership forms that reduce rental
opportunities unless at least 1/3 of the
units are made available for low and
moderate income persons, in accordance
with the Coastal Commission' s interpre-
110 tive guidelines.
6. The City shall assure, through implement-
able means (including necessary policies,
designations, approvals, or other condi-
tions) the provision of at least 200 new
units of housing for low and moderate
income persons in or immediately adjacent
to the coastal zone, with units serving
both family and low income needs. The
City may choose any feasible approach, or
a combination of approaches, to accomplish
this provision, and may modify its land
use plan to do so in such ways as: (a)
requiring all new residential development
within the coastal zone that does not pro-
vide for low and moderate income persons
411 as an integral part of such development to
instead dedicate fees to be used for the
acquisition of property in or adjacent to
the coastal zone, designated by the City
for construction of such housing; (b) in-
creasing densities in any of the already
residentially-designated areas to accommo-
date the 200 units or sufficient additional
densities to include low and moderate cost
units as part of new development; (c) re-
designating up to half of the 17-acre
former school site in Subregion 2 for
senior citizen, employee , and/or other low
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and moderate income housing (as already
proposed in the City' s plan) ; and/or (d)
allowing mixed residential uses on the
approximately 30-acre undeveloped portion
of commercial recreation designated area
in Subregion 2 , provided such use is
limited to a maximum of 40% of the floor
area of new development and provided
further the residential uses are primarily
on second floor levels above ground floor
visitor-serving uses.
Revisions to Urban Environment Element, Planning
New Development: and Design Guidelines, Site Planning, and other
appropriate sections:
7. a. The design of residential development
in Subregions 1 and 7 shall limit 10 . The design of Residential Planned Development
structures and coverage by impervious in Subregions 1 and 7 shall limit structures
surfaces (excluding public roads) to and coverage by impervious surfaces (excluding
a maximum of 25% of buildable area, public roads) to a maximum of 25% of buildable
and a minimum 30% of buildable area area, with a minimum of 30% of buildable area
shall be reserved as common or public reserved as common or public open space.
open space. Planned development con- Planned development concepts with greater
cepts with greater clustering and open clustering and open space are preferred.
space are preferred.
b. In addition to the 30% open space re- 11 . In addition to the 30% common open space,
quirement, all land oceanward of the all land oceanward of the bluff road shall
blufftop road and access corridors -- be dedicated or permanently maintained for
411 including bike and pedestrian paths, public use. If it is necessary in the
parking bays, and sufficient area for limited area of Neptune Cove to allow
public recreational use for picnicking development seaward of the bluff road due
and other passive use -- shall be dedi- to terrain and ownership, only visitor-
cated or permanently maintained for serving uses may be permitted (with a con-
public use. If it is necessary in the ditional use permit) on the oceanward side.
limited area of Neptune Cove (in Sub-
region 1) to allow development seaward
of the bluff road due to the configura-
tion of the terrain and lot ownership,
only visitor-serving uses may be per-
mitted (by conditional use permit) on
the seaward side.
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COASTAL COMMISSION CONDITIONS ZONING CODE AMENDMENT NO. 12
Visitor-Serving and Recreational Uses :
1. The City shall amend the Coastal Specific 1. 9515, A, 3 . Visitor-serving uses, pursuant
Plan District (9515) to provide for to the Coastal Specific Plan.
visitor-serving uses (as defined in the
CR zone, as amended) as conditional uses
throughout the coastal zone.
2. The City shall amend the CR zone (9250- 2 . 9251 Uses Permitted
9252) to state permitted and conditionally Uses which are of an entertainment, visitor-
410 permitted uses of a visitor-serving serving, and recreational nature. . . . .
nature (e.g. hotels, motels , restaurants,
visitor-serving retail shops, etc. ) and
shall provide appropriate standards for
the conditionally permitted uses.
3. The City shall amend the zoning map to
show at least one-half of the 17-acre
former school site in Subregion 2 as a
CR zone.
4 . The City shall add a provision to the OR 3. 9422 , B. Public recreational uses. Those
zone (9420-9424) to specify that the in the Coastal Specific Plan District shall
permitted public recreational uses in be compatible with and incidental to the
the coastal zone shall be those com- uses set forth in the Coastal Specific Plan.
patible with and incidental to the
uses set forth in the Coastal Specific
410 Plan.
Housing:
5. The City shall amend the Coastal Specific
Plan District (9515) to provide that
conversions of rental units to stock
cooperative, condominiums, or other
forms of ownership shall be allowed only
where one-third of the units are re-
tained as low and moderate income units,
substantially as provided in the Commis-
sion' s interpretive guidelines on housing.
6. The City shall amend its zoning map and
ordinance to provide a floating zone
for at least 200 units of low or low
and moderate income housing in one or
more sites in the coastal zone or
adjacent thereto. The City shall
amend its zoning map to indicate that
one-half of the 17-acre school site in
Subregion 2 shall initially be desig-
nated for 200 units of low or low and
moderate income housing. This desig-
nation may be moved to other location (s)
in or adjacent to the coastal zone at a
later date if the City finds that a
feasible low or low and moderate cost
housing project (s) can be constructed
at such alternative location. If the
City chooses an in-lieu fee approach,
the City shall amend Chapter 10 , Part 4
(Dedications) to provide for the dedi-
cation of fees for the purchase of
site (s) for the provision of low or
low and moderate cost housing. The
amount of the fee shall be based upon
an equitable distribution of the cost
of the sites among developments in
the coastal zone. If the City chooses
another approach to providing the 200
units of low or low and moderate cost
410 housing, it shall submit measures
necessary to assure implementation.
Under all approaches, the ordinances
shall provide controls to assure long-
term affordability as low or low and
moderate income housing opportunities.
New Development:
7. The City shall amend the RPD zone 4. 9133, C, 7 . In the Coastal Specific Plan
(9130-9134) to require within the District the 36T-minimum common open space
coastal zone that: (or equal or greater percentage combinin•
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a. The 30o minimum common open space (or private and common open space areas) shall
equal or greater percentage combining be sited in a manner that is accessible to
private and common open space areas) viewing by the general public from public
shall be sited in a manner that is roads and/or walkways while at the same time
accessible to viewing by the general preserving public views to the coast. This
public from public roads and/or walk- common open space shall not be fenced or
ways while at the same time preserv- screened in a manner that would block public
ing public views to the coast. This views of the area and shall be sited as
common open space area shall not be visual landscape area enhancing public
fenced or screened in a manner that vistas rather than as interior open space
would block public views of the area within developments. Greater clustering
and shall be sited as visual land- shall be encouraged, and the design of sub-
411, scape area enhancing public vistas divisions, structures, and fencing shall
rather than as interior open space seek to maximize visual open space through-
within developments. Greater clus- out the developed areas as viewed from
tering shall be encouraged, and the public roads and viewing points.
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.
b. Public paths through developed areas 5. 9133, C, 8 . In the Coastal Specific Plan
to the blufftop, theaccess corri- District public paths through developed
dor (including the blufftop road, areas to the blufftop, the access corridor
bike and pedestrian paths, and park- (including the blufftop road, bike and pedes-
ing bays, as depicted in the Coastal trian paths, and parking bays, as depicted in
Specific Plan) and a usable public the Coastal Specific Plan) and a usable public
recreational area (not including recreational area (not including steep bluff
40 steep bluff faces and gullies) sea- faces and gullies) seaward of corridor im-
ward of corridor improvements shall provements shall be improved and either
be improved and either dedicated or dedicated or permanently maintained through
permanently maintained through deed deed restriction for public use. These
restriction for public use. These blufftop public use areas shall be - in addi-
blufftop public use areas shall be tion to the 30o common open space require-
in addition to the 30% common open ment.
space requirement.
General Provisions :
8. The City shall delete or clarify section 6 . 9111, H. Other uses, only with a conditional
9111 (H) (uses permitted in single family use permit, as listed in Chapter 7, Part 1.
residential districts) so that the list
of conditional uses are not construed as
being permitted uses.
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9. The City shall amend the provisions of
Chapter 7 , Part 1 (Conditional Use
Permits) to:
a. Not allow the development of natural 7 . 9711, C. Development of natural resources,
resources as a conditionally per- except in the Coastal Specific Plan District.
mitted use within the coastal zone.
b. Provide that "such similar uses as 8 . 9711, K. . . . .public welfare. If in the
the Planning Commission may deem to Coastal Specific Plan District, the Executive
be similar and equally essential to Director of the California Coastal Commission
the public welfare" shall, in the must also determine that the uses are similar
411 coastal zone, be considered as a and compatible with the Local Coastal Program.
conditional use only if determined
by the Executive Director of the
Commission to be similar and com-
patible with the LCP. (Uses not
determined to be similar would
require amendment of the LCP. )
c. Provide additional standards that 9 . 9711 Conditional Uses
a conditional use may be permitted The following uses. . . . . . .General Plan or its
in the coastal zone only if it is objectives or the Coastal Specific Plan or
consistent with the objectives and its objectives, policies, and requirements.
standards of the underlying zoning
district and if it conforms with
and meets all other applicable
policies and requirements of the
Coastal Specific Plan.
0. The City shall amend the provisions of 10 . 9731, D. . . . . .General Plan or the policies
Chapter 7 , Parts 3 and 4 (Variances and and requirements of the Coastal Specific Plan.
Minor Exception Permits) to specify
that variances and minor exception per- 11. 9741 Scope
mits within the coastal zone must be in . . . . .Chapter 6 , Part 2 . In the Coastal Speci-
conformity (a) with the type and density fic Plan District any minor exception permit
of use allowed in the applicable zone shall be in conformity with the policies and
district, and (b) with all substantive requirements of the Coastal Specific Plan.
policies and requirements of the Coastal
Specific Plan.
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11. The City shall amend the procedures for
permits and appeals provided in Chapter
7 as necessary to conform with post-
ceritification regulations adopted by
the Commission, including provisions
for appealable developments. The City
shall amend Chapter 7, Part 5 , Zoning
Changes, to provide that such changes
must be certified by the Coastal Com-
mission. In addition, the City shall
amend Chapter 8 , Part 2 (Violations and
Enforcement) to indicate that, in the
410 coastal zone, the provisions of Chap-
ter 9 of the Coastal Act (PRC Sections
30800 et seq) shall apply and shall
take precedence over City code.
12 . The City shall submit a certified copy
of all code amendments and map changes
necessary to implement these conditions
to the Executive Director of the Com-
mission for verification, as provided
in Section 00140 of the Commission' s
LCP Regulations.
12 . Glossary
Visitor-serving Use
110 Visitor-serving use shall mean a commercial
or non-commercial use intended primarily to
serve visitors to an area, such as hotels,
motels, conference centers, restaurants ,
retail shops, etc.
General Plan Amendment No. 10
Zone Change No. 9
Former Abalone Cove school site from Agri-
culture to Commercial Recreation.
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111 411
PROPOSED REGULATIONS
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 Zone
development to determine conformity with the City' s Coastal Plan and
State regulations.
17.67.020 Scope
The determination of whether a development 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 Zone is submitted. This determination
shall be made with reference to the Coastal Plan, including any maps,
exclusions, land use designations and zoning ordinances which are adopted
as part of the Coastal Plan. Where an applicant, interested person, or
the City has a question as to the appropriate designation for this devel-
opment, 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 requirements for that particular
development.
411
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 deter-
mining the appropriate designation for the area.
17 . 67.030 Filing Fee
The filing fee for a Coastal Permit shall be as established by Resolution
of the City Council.
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 hear-
ing requirements of this Section. The City shall main-
tain a record for all permits issued for excluded
developments, to be made available upon request. This
record shall include the applicant' s name, the location
of the project, and a brief description of the project.
B. Appealable Developments : At least seven (7) calendar
days prior to the first public hearing on an appealable
development proposal, the City shall provide notice by
first class mail of pending application. This notice
shall be provided to:
(1) each applicant;
(2) all persons who have supplied self-addressed,
stamped envelopes for that development pro-
ject or for coastal decisions within the City
(3) all property owners and residents within 100
feet of the perimeter of the parcel on which
the development is proposed; and
(4) the Coastal Commission.
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111 41O
The notice shall contain the following information:
(1) a statement that the development is within
the Coastal Zone;
(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
proposed location;
(5) the date, time and place at which the appli-
cation will be heard by the City Hearings
Officer or Planning Commission;
(6) a brief description of the general proce-
dure 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) announded 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 Zone that re-
quire a public hearing under City Ordinance shall be pro-
vided in accordance with existing City notice requirements,
incorporating the following criteria:
At least seven (7) calendar days before a hearing,
the City shall provide notice by first class mail
of pending application. This notice shall be pro-
vided to:
(1) all persons who have supplied self-addressed,
stamped envelopes for notice of that develop-
ment project or for coastal decisions in the
City;
(2) all property owners within 100 feet of the
perimeter of the proposed development;
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111 411
(3) all residents within 100 feet of the peri-
meter 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 proposed
development is within the Coastal Zone.
D. Non-Appealable Developments without Hearing: Notice of
non-appealable developments within the Coastal Zone 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 pro-
vide notice by first class mail of pending
development approval. This notice shall be pro-
vided to:
(1) all persons who have supplied self-addressed,
stamped envelopes for that development pro-
ject or for coastal decisions within the City;
(2) all property owners and residents within 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 Zone;
(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
proposed location;
(5) the date the application will be acted
upon by the Director of Planning;
(6) the general procedure of the City con-
cerning the submission of public comments
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111 411
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 sub-
mission 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 develop-
ment, 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 conditions of
approval and written findings and the procedures for
appeal of the local decision to the Coastal Commission.
F. Failure to Act: When the City determines that the time
limits established pursuant to Government Code §§ 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 §§ 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 determina-
tion 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
pp p � � appealable development,
be held on each application for an P
thereby affording any persons the opportunity to appear at
the hearing and inform the City of the nature of their con-
cerns regarding the project. The public hearing shall be
conducted by the Hearings Officer or the Planning Commis-
sion. 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 re-
quired by City Ordinance.
B. Non-Appealable Development: When a public hearing is re-
quired
proposed development, the
quired by City Ordinance for thep p P
Coastal Permit may be heard concurrently.
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411 111
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 Plan.
B. That the proposed development is in conformance with
applicable public access and recreation policies of
the Coastal Act.
17.67. 070 Appeals
A. Grounds for Appeal: The grounds for appeal are limited
to the following:
(1) The development fails to provide adequate
physical access or public or private com-
mercial use of 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
existing natural landforms.
(5) The development does not comply with
shoreline erosion and geologic setback
requirements.
B. 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 Hearing' s Offi-
cer' 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 con-
ductP ublic hearings subject to the same procedures and
notification as required for Hearings Officer' s hearings.
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111
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 Commis-
sion, warrant further hearing, the Commis-
sion may affirm the decision of the Hearings
Officer and dismiss the appeal.
(2) If, in the opinion of the Planning Commis-
sion, said findings warrant further hearing,
the Planning Commission shall consider the
appeal and may reverse, affirm or modify the
decision.
(3) If significant new evidence, which may in-
clude 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 deci-
sion.
Notice of final action shall conform to 17.67.040 .E.
C. 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 Commis-
sion 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 in-
clude substantial changes to the original
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410 41111
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.
D. Appeals - Coastal Commission: An appeal may be filed
by an applicant, any aggrieved person, or any two mem-
bers of the Coastal Commission.
Where a project is appealed by any two (2) members of
the Coastal Commission, 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.
Exhaustion of all City appeals shall be required 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 Zone.
(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.
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 application has been made and all required find-
ings have been adopted, and (2) when all City rights of
appeal have been exhausted.
-8-
411 41O
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
received in the Commission office and/or
distributed to interested parties 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 re-
ceiving notice of that circumstance, notify the City
and the applicant that the effected date of the City
action has been suspended.
-9-
GLOSSARY
AGGRIEVED PERSON
Any person who testified personally or through a representative at all
public hearings in connection with the decision or action appealed, or
who informed the Environmental Services staff of an interest in the
subject of a hearing.
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
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.
(b) Developments approved by the City located on tide-
lands, submerged lands, public trust lands, within 100
feet of any wetland, estuary, stream or within 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 $50,000.
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
I? � agencyforpublic recrea-
tional
p
with the purchase of such land by a public
tional use; change in the intensity of use of water, or of access
thereto; construction, reconstruction, demolition, or alteration of
the size of any structure, including any facility of any private,
public, or municipal utility, and the removal or harvesting of major
P � ' agricultural purposes. As used in this
vegetation other than for g p P
definition, "structure" includes, but is not limited to, any building,
road, pipe,ip e, flume conduit, siphon, aqueduct, telephone line and elec-
trical power transmission and distribution line.
410 410
EXCLUDED DEVELOPMENT
(1) Improvements, repairs, 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 Plan.
(2) Any category of development added by the Coastal Commission that
has no potential for any significant local impact on coastal re-
sources or public access.
(3) The installation, testing, and placement in service or the replace-
ment of any necessary utility connection between approved develop-
ment and an existing service facility that conforms to City Ordi-
nances.
rdi-
nances.
(4) The replacement of any structure destroyed by a natural disaster,
other than a major public works facility.
(5) Public works projects which include the erection of public signs,
the painting or removing of street lines, parking space designa-
tions, or the painting or removing paint from curbs, the main-
tenance and repair of public streets, the installation and main-
tenance of landscaping, the maintenance of City utilities, repair
and improvement to structures maintained, used, or owned by the
City, and the repair, replacement, maintenance or development of
public facilities under emergency circumstances.
HEARINGS OFFICER
The Director of Planning, or authorized staff member, who is to conduct
certain public hearings.
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.
PUBLIC WORKS PROJECT
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,
-2-
411 410
utility or right-of-way, including improvement of public streets and
development of public utilities.
NON-APPEALABLE
Any proposed development within the Coastal Zone that is not appealable
and is not excluded.
RISK OF ADVERSE ENVIRONMENTAL EFFECT
Any significant alteration of land forms, including removal or placement
of vegetation on a beach or within fifty (5 0) feet of the edge of a
coastal bluff, or in areas of natural vegetation designated as signifi-
cant 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 development permit.
-3-
CITY OF RANCHO PALOS VERDES
COASTAL ZONE
APPEAL JURISDICTION
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APPEALABLE AREA
NON APPEALABLE AREA
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scale 1" = 1280 '
2/82
COMPARISON OF APPLICATION PROCEDURES
Proposed Coastal Permit and Existing Applications
February 23, 1982
Determination X
Staff Review X X
s• • •
Notice before X 7 days X
Hearing (min. ) • 10 or 15 days •
X
Final Decision •
Effective Date
X 21 days X
Notice of Final Decision (max. )
x, 7 days X
X 10 working daysX
Coastal Commission Receive Notice
Coastal Commission suspends City Action
X 5 days _X
Appeal Period
X 15 days X
• 10 or 15 days •
40 Notice of Failure to Act
X- Tdays ,X
X Coastal Permit
• Other Required Permits
Specified Timing
Unspecified Timing