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PC RES 1985-017 ' RESOLUTION PC NO. 85-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING ADOPTION OF CODE AMENDMENT NO. 20 MAKING MISCELLANEOUS REVISIONS TO THE DEVELOPMENT CODE, INCLUDING EXTREME SLOPE PERMITS AND LARGE FAMILY DAY CARE WHEREAS, the City Council initiated Code Amendment No. 20 in June 1984. WHEREAS, the Planning Commission has considered the contents of the Initial Study for Environmental Assessment No. 471 . WHEREAS, the Planning Commission held duly noticed public hearings on May 28 , June 11 , and July 9, 1985 , at which time all interested parties were given an opportunity to be heard and to 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 revisions are necessary to correct, clarify and amend the language of the Development Code. Section 2: That a draft Negative Declaration has been issued for the project. Section 3: That the Code revisions are consistent with the intent of the General Plan. Section 4 : For the foregoing reasons , the Planning Commission of the City of Rancho Palos Verdes hereby recommends approval of the draft Code Amendment No. 20 pursuant to Exhibit "A" attached. PASSED, APPROVED, AND ADOPTED this 9th day o 'July, l' : 5 All6kAig/giltr ' •bert Mc► - ty, hairman 141141:1)' 1t4lAti haron W. Hightower Director of Environ ental Services and Secretary to the Commission EXHIBIT "A" CODE AMENDMENT NO. 20 RECOMMENDED LANGUAGE 1 . Section 16 .04 .105 of the Rancho Palos Verdes Municipal Code is repealed. 2 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .271 to read as follows: 16 .04 .271. Coastal a. .ealable develo.ment. "Coastal appealable development" means an action taken by the city on a coastal permit application for any of the following that 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 three hundred 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. The grounds for appeal are limited to the following: 1 . The development fails to provide adequate physical access for public or private commercial use or 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 landf orms. 5 . The development does not comply with shoreline erosion and geological setback requirements; B. Developments approved by the city located on tide-lands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream or within three hundred 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 fifty thousand dollars. -MC1- Exhibit "A" Resolution PC 85-17 • I 3 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .272 to read as follows: 16 .04 .272 Coastal Excluded Development. "Coastal excluded devel- opment" means: A. Improvements, including replacement of any structure destroyed by a natural disaster (other than a major public works facility) , repairs, or maintenance of existing structures in the coastal specific plan district unless any of the following could result: 1 . A risk of adverse environmental effect, 2 . An adverse effect to public access, 3 . A change in use contrary to the coastal specific plan; B. Any category of development determined by the Coastal Commission to have no potential for any significant local impact on coastal resources or public access; C. The installation, testing, and placement in service or the replacement of any necessary utility connection bet- ween approved development and an existing service faci- lity that conforms to City ordinances; D. Public Works projects which include the erection of public signs, the painting or removing of street lines , parking space designations, or the painting or removing paint from curbs, the maintenance and repair of public streets, the' installation and maintenance 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. 4 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .273 to read as follows: 16 .04 .273 Coastal Non-Appealable Development. "Coastal nonappeal- able development" means any proposed development within the coastal specific plan district that is not appealable and is not excluded. 5 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .274 to read as follows: 16 .04 .274 Coastal Risk of Adverse Environmental Effect. "Coastal risk of adverse environmental effect, " includes, but is not limited to the following: A. Any significant alteration of landforms, including removal or placement of vegetation on a beach or within fifty feet of the edge of a coastal bluff , or in areas of natural vegetation designated as significant natural habitat; -MC2- Exhibit "A" Resolution PC 85-17 B. The expansion or construction of water wells or septic systems; C. Any addition to a single-family residence where any coastal permit issued for the original structure indicated that any future additions would require a coastal permit. 6 . Section 16 .04 .445 of the Rancho Palos Verdes Municipal Code is repealed. 7 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .455 to read as follows: 16 .04 .455 Extreme Slope. "Extreme Slope" means a grade of thirty five percent or greater. 8 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .655 to read as follows: 16 .04 .655 Large Family Day Care. "Large Family Day Care" means the care at a single-family residence of seven to twelve children, inclusive, including children who reside at the home, as defined by the California Department of Social Services regulations . 9 . Section 16 .04 .720 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16 .04 .720 Lot Depth. ' "Lot Depth" means the horizontal distance between the front and rear lot lines . • 10 . Section 16 .04 .750 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16 .04 .750 Lot Width. "Lot Width" means the distance between the side lot lines when measured between the front and rear lot lines parallel to the front property line or to a tangent at the Midpoint of dpo nt a curved front property line. 11 . Section 16 .04 .795 of the Rancho Palos Verdes Municipal Code is repealed. 12 . Section 16 .04 .810 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16 .04 .810 Nursery School. "Nursery School" means public or pri- vate educational facilities for more than twelve preschool and/or kindergarten age children in any zoning district. 13 . Section 16 .04 .1015 of the Rancho Palos Verdes Municipal Code is repealed. 14 . Chapter 16 .04 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .04 .1125 to read as follows : -MC3- Exhibit "A" Resolution PC 85-17 16 .04 .1125 Small Family Day Care. "Small Family Day Care" means the care at a single-family residence of six or fewer children, including chldren who reside at the home, as defined by the California Department of Social Services regulations. 15 . Section 16 .08 .030 of the Rancho Palos Verdes Municipal Code is amended by adding Section 16 .08 .030 .D to read as follows: 16 .08.030 .D. No map shall be approved which creates a lot or lots containing less than three thousand square feet of continguous property with a slope of less than thirty-five percent unless the map is filed in connection with a residential planned development and the proposed lot or lots containing less than three-thousand square feet of contiguous property with a slope of less than thirty-five percent will be owned in common by the owners of the residential planned development. 16 . Section 16 .12 .100 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16 .12 .100 Waiver--Required findings. A waiver request shall not be approved unless: A. The planning commission approves or conditionally approves the tentative parcel map; B. The planning commission finds that the description of the subdivision in the waiver request conforms to the approved tentative parcel map; and C. The planning commission finds that the proposed subdivision complies with the requirements of the Subdivision Map Act and this title as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection. 17 . Section 16 .20 .030A of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16 .20.030 Private streets, alleys or ways. A. Private streets , alleys or ways will be permitted only when the welfare of the occupants of the subdivision will be better served and the public' s welfare will not be adversely affected. Such private street, alley, or way shall not be offered for dedication and shall be shown on the final tract or parcel map as part of adjacent parcel (s) with a note on the map as to the purpose. 18 . Section 17 .02 .020A of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .020A. Single-family residential buildings , mobile homes as provided in California Government Code Section 65852 , and associated accessory buildings for the residential use and occupancy of not more than one dwelling unit per lot; -MC4- Exhibit "A" Resolution PC 85-17 19 . Section 17 .02 .020H of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .020H. Small family day care. 20 . Section 17.02 .0201 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .0201. Large family day care if a Large Family Day Care Home Permit is first obtained pursuant to Chapter 17 .59 . 21 . Chapter 17 .02 of the Rancho Palos Verdes Municipal Code is amended by adding Section 17 .02 .020) to read as follows: 17 .02.020J. Other uses , if a Conditional Use Permit is first obtained pursuant to Chapter 17 .56 . 22a. Section 17 .02 .030 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .030 . Chart Heading, Max. Height 3, 4, 7. 17 .02 .030 Chart, Footnote 2. Lots of record, existing as of the adoption of this code, or within Ea s tv i ew and existing as of January 5 , 1983; may use the development standards listed below: Minimum Setbacks Front Interior Side Street Side6 Rear 20 5 10 15 17 .02 .030 Chart, Footnote 6 . A garage with a direct access driveway from the street side shall not be less than twenty (20 ) feet from the street-side property line. 22b. Section 17 .02 .030 of the Rancho Palos Verdes Municipal Code is amended by adding Footnote 7 to the chart to read as follows: 17 .02 .030 Chart, Footnote 7. Exterior stairs to a second story addition are prohibited. 23 . Section 17 .02 .040 .B of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .040.B Procedure. 1 . Any person desiring to apply for a height variation per- mit er- mit shall complete and fill out an application and submit it to the Director of Planning, together 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 feet if the Director finds as follows: -MC5- Exhibit "A" Resolution PC 85-17 a. Written notice of the application to exceed sixteen feet in height has been mailed not less than ten days prior to the date of the decision to property owners within 500 feet of the lot, using for this purpose the last known name and address of such owners as are shown on the last equalized tax roll of the County Assesor. 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 feet high may not significantly impair the primary view from a property or properties identified as having a view as set forth in 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 thorough- fare, bikeways, walkways, equestrian trails, etc. ) which has been identified in the City' s General Plan, Coastal Plan, or City-approved viewing areas. f . There is no significant cumulative impact caused by granting the application. Cumulative impact shall be determined by: (a) Considering the amount of view interference caused by the proposed structure; and (b) Considering the impact on view or views that similar degrees of view impairment would have on pro- perties in near proximity to applicant' s property. 2 . Notice of the Director' s decision shall be sent to all parties who responded to the original notice. 3. In approving a permit, the Planning Director , Planning Commission or City Council may make the permit subject to reasonable conditions. 4. 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 in this section 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 findings. 5 . The decision of the Planning Commission may be appealed to the City Council , which, in order to grant a permit, -MC6- Exhibit "A" Resolution PC 85-17 must determine that the findings listed in this section have been met by the applicant. 6 . 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 days after the decision is made. 24 . Section 17 .02.040.0.1 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .02 .040 .C.1 There exists a principal identifiable view, not viewed from within the setbacks. Both the principal identifiable view and the viewing area 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 title been in effect shall be used as a principal viewing area. 25 . Section 17 .04 .020D of the Rancho Palos Verdes Municipal Code is repealed. 26 . Section 17 .28 .030E. of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .28 .030E. Parking & Loading. The provisions of Chapter 17 .44 shall apply. 27 . Section 17 .30 .040 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17.30.040 Uses subject to City Council ' s review and approval. A. The following uses and developments may be permitted only with City Council review and approval of a site plan: 1. Self-contained chemical toilets 2 . Maintenance buildings, not to exceed one hundred twenty-five square feet 3 . Access to property lawfully used for the purpose not per- mitted in OH District, provided no other practical access to such property is available and such access will not alter the character of the premises in respect to per- mitted uses in OH District. B. The City Council, in approving the site plan, must find as follows: 1. That the uses and developments a. Are not permanent, b. Are clearly accessory and subordinate to the pri- mary ri-mary use, -MC7- Exhibit "A" Resolution PC 85-17 • c. Will not alter the nature of the open space land, and d. Are limited to those facilities necessary for utilization of the open space land. 2. That the site plans comply with the provisions of Chapter 17 .66 . 28 . Section 17 .30.050 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .30.050 Uses subject to conditional use permit. A. The following uses and developments may be permitted only with a Conditional Use Permit, pursuant to Chapter 17 .56 . 1. Comfort Stations 2 . Maintenance buildings, larger than one hundred twenty-five square feet and up to four hundred square feet. 3. Additional facilities, as long as such facilities are not permanent, are clearly accessory and subordinate to the primary use, will not alter the nature of , and are limited to, those facilities necessary for utili- zation of the open space land. 29 . Section 17 .40 .030 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .40 .030 Setbacks. Except as otherwise provided in this chapter, no building, structure, or portion of any building or structure shall be constructed or extended closer to any street side, interior side, front or rear property line than the respective front, side or rear setback required in the zoning district in which the property is located. On lots abutting a private street, the property line shall be the street easement line for measuring setbacks. (For fences and walls , see Chapter 17 .42 . ) 30 . Section 17 .40 .030 .C.2 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .40.030 .C.2. Front Setbacks. Any lot having a grade or slope of more than twenty-five percent (measured from the curbline to a point midway between the side lot lines and fifty feet from the front lot line) may have a front yard which is not less than fifty percent of the depth required for a front yard in the district in which said lot is located. Garages with direct access driveways to the street shall not be less than twenty feet from the front property line. 31 . Chapter 17 .40 of the Rancho Palos Verdes Muncipal Code is amended by adding Section 17 .40 .060 to read as follows: 17 .40 .060 Extreme Slope. No construction is allowed on any extreme slope except as provided for in Chapter 17 .57 . -MC8- Exhibit "A" Resolution PC 85-17 32 . Section 17 .42 .010 .B. of the Rancho Palos Verdes Municipal Code is repealed. 33 . Section 17 .42 .020 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .42 .020 Fences, walls and hedges - Permitted. A. Fences, walls, and hedges located within front and street-side set backs shall meet the following standards: 1 . Up to forty-two inches in height shall be permitted within the front or street-side setback areas , except as restricted in Section 17 .42 .060 . 2 . When combined with a retaining wall , the total height may not exceed forty-two inches in the front or street-side setback as measured from the front or street side, except as restricted in Section 17 .42 .060 . B. Fences , walls and hedges located behind front and street-side setbacks shall meet the following standards: 1 . Up to six feet in height shall be permitted on any part of a lot behind the front or street-side setback areas, except as restricted in Section 17 .42 .060 . 2 . When combined with a fence, wall or hedge, the total height may not exceed eight feet as measured from grade on the lower side and may not exceed six feet as measured from grade on the higher side. C. The height of the retaining wall portion may not exceed the maximum limits as permitted in Section 17 .50 .070 . D. Fences, walls and/or hedges shall be measured as a single unit if built or planted within three feet of each other. 34 . Section 17 .42 .030 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .42 .030. Fences, walls ,hedges, and windscreens - permitted with ,a minor exception permit. The following fences, walls , hedges, and windscreens shall be permitted subject to the approval of a minor exception permit based on the criteria listed in 17 .42 .030 .A. A. The Director of Planning shall use but not be limited to the following criteria in assessing such an application: 1 . The greater height will not be detrimental to the public safety and welfare; 2 . The line of sight over or through the fence and/or windscreen is adequate for safety and preserves a significant portion of the primary view as identified in Section 17 .02 .040C. -MC9- Exhibit "A" Resolution PC 85-17 3 . On corner lots, intersection visibility as identified in Section 17 .42 .060 is not obstructed. 4 . Chain link chickenwire and other similar t •es of ences and fiberglass are prohibited in the front setback area. 5 . The height of the retaining wall portion does not exceed the maximum limits as permitted in 17 .50 .070 . B. Within front and street-side setback areas. Fences higher than forty two inches and up to six feet in height shall be permitted in the front and street-side setback areas. The area between the street and any such fence shall be landscaped, per a plan approved by the director of planning. C. Behind front and street-side setback areas. The combined height of a fence, wall or hedge may not exceed eleven and one-half feet as measured from grade on the lower side and may not exceed six feet as measured from grade on the higher side. D. Fences for Recreational Facilities . Fences higher than six feet and up to ten feet in height and not within the required setback areas or a combination of three and one-half foot retaining wall and recreational fencing of ten feet for downslope and side yard fencing for tennis courts or similar recreational facilities may be permitted with a minor exception permit. All of the structure above the six-foot height shall be constructed of wire mesh, or similar material , capable of admitting at least ninety percent light as measured on a reputable light meter . Windscreens exceeding six feet in height may only be permitted with a minor exception permit when the director of planning finds that views from affected property will not be significantly adversely affected. E. Fences, walls, hedges ,and/or windscreens shall be measured as a single unit if built or planted within three feet of each other . 35 . Chapter 17 .44 of the Rancho Palos Verdes Municipal Code is amended by adding Section 17 .44 .060 .D5 to read as follows: 17 .44 .060 .D 5 . Compact parking not to exceed ten percent of the total number of approved spaces, is permitted. Compact stalls shall be a minimum of eight feet by fifteen feet six inches and marked for compact use only, unless a different size stall is authorized or required. 36 . Section 17 .50 .060 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .50 .060 Application referred to planning commission. When the grading is to be done on a site which is intended to be subdivided -MC10- Exhibit "A" Resolution PC 85-17 • f into two or more parcels, or involves one thousand cubic yards of cut and/or fill , or is on existing recorded and legally subdivided lots with a total average slope of thirty-five percent or greater, or where more than twenty-five percent of the grading activity occurs on a slope exceeding thirty-five percent except as provided in Section 17 .50 .070 .D.3 .b. , the application shall be referred to the planning commission for review. The planning commission shall approve, deny, or approve with conditions. 37 . Section 17 .50 .070 .D.3.b of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .50 .070 .D.3.b. Small isolated areas of slope equal to or exceeding thirty-five percent, comprising less than five percent of the total lot area, will not be considered for purposes of determinin• whether twent five •-rcent of the •radin• occurs on a slope equal to or exceeding thirty five percent under Section 17 .50 .060 . 38 . Section 17 .50 .080.0 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .50 .080 .C. In addition to City fees, permit and plan check fees shall be as specified by Chapter 3 of the Building Code. 39 . Section 17 .50 .110 .D of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .50 .110 .D. Deposit Before Being Granted a Grading or Building Permit Allowing Excavation. The applicant shall deposit with the city a deposit fee established by resolution of the city council in the form of cash, check or money order as security for the proper removal of excavated material before being granted a grading or building permit authorizing excavation. Such excavated material shall be disposed of in the manner set forth and at the location indicated on the city' s "Notice to Contractors and Property Owners--Requirements for Removal of Excavated Materials. " Upon submission to the city of dump receipts which substantiate the proper removal of all excavated material from the building site ,as shown on the notice, the deposit shall be returned. Failure to present valid receipts to the City within one hundred eighty days of final approval, cancellation, or expiration of the grading or building permit, shall result in the forfeiture of the security deposit. Forfeited deposits shall be placed in the general fund of the city and used to cover the cost of removing illegally dumped material . If any applicant, contractor , or subcontractor violates this subsection, said applicant and any contractor or subcontractor shall be denied the right to receive any other grading permit or building permit involving excavation of materials in the city for a period of one year . -MC11- Exhibit "A" Resolution PC 85-17 40 . Section 17 .50 .120 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .50.120 Compliance with Chapter 70 of the Building Code. Upon approval of the application by the Director of Planning or Planning Commission, the applicant must still conform to all conditions imposed by Chapter 70 of the Building Code including all required fees, and approval by the Director is not final until approval has been granted by the city engineer. 41 . Section 17 .52 .050 B.4.b of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .52 .0508.4.13. If freestanding, it shall not exceed six feet in overall height; 42 . Chapter 17 .52 of the Rancho Palos Verdes Municipal Code is amended by adding Section 17 .52 .0508.4.c. to read as follows: 17.52.050B.4 .c. It shall not exceed twenty square feet in area. 43 . Section 17 .52.050F.3 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .52 .050F.3. It shall not exceed twenty square feet in area; 44 . Chapter 17 .52 of the Rancho Palos Verdes Muncipal Code is amended by adding Section 17 .52 .050F.4 to read as follows: 17 .52 .050F.4 . Provision is made for the maintenance of the sign. 45 . Section 17 .56 .020 .L of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .56 .020 .L Such similar uses as the Planning Commission may deem to be similar and no more intensive. If in the coastal specific plan district, the Executive Director of the California Coastal Commission must also determine that the uses are similar and compatible with the local coastal program. 46 . Title, 17 of the Rancho Palos Verdes Municipal Code is amended by adding Chapter 17 .57 to read as follows: Chapter 17 .57 Extreme slope permits Sections 17 .57 .010 Purpose 17 .57 .020 Scope 17 .57.030 Application 17 .57 .040 Filing Fee 17 .57.050 Public Hearing -MC12- Exhibit "A" Resolution PC 85-17 i - t 17 .57 .060 Findings and Conditions 17 .57 .070 Appeal 17 .57 .080 Time Limit 17 .57 .090 Failure to Comply 17 .57 .010 Purpose This Chapter provides standards and procedures for permitting within residential districts the minor encroachments of accessory structures into extreme slopes, which are not zoned Open Space Hazard and, where such slopes constitute the only reasonable area for development. 17 .57 .020 Scope The Planning Commission may only grant extreme slope permits for the construction of : A. Decks including cantilever extending a maximum of six feet into the extreme slope area. B. Solar Panels/Tanks extending a • maximum of twelve feet into the extreme slope area. C. Such other structures as determined by the Planning Commission to be similar to A and B above. 17 .57 .030 Application A. The application for an extreme slope 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 either by the Planning Commission or by the City Council within twelve months prior to the date of said application, unless the Planning Commission or City Council approves the acceptance of such an application. -MC13- Exhibit "A" Resolution PC 85-17 • B. Said application shall provide full and complete information pertaining to the request. 17 .57 .040 Filing -Fee The filing fee for an extreme slope permit shall be established by resolution of the City Council. 17 .57 .050 Public Hearing A. Notice shall be published in a newspaper of general circulation in the City at least fifteen days before the date set for the Commission hearing. The notice shall provide the address of the properties a summary of the request. B. Written notices shall be mailed at least fifteen days prior to the date of the hearing to property owners within a radius of three hundred feet of the external boundaries of the property described in the application. Owners of record shall be the name and address of such owners shown on the last equalized tax roll of the County Assessor. Such notice shall provide the address of the property and a summary of the request. C. Within forty days following said hearing, the Planning Commission shall announce its findings by formal resolution. Said resolution shall recite the findings of the Commission and set forth the conditions deemed necessary to protect the health, safety, welfare of persons residing in the community as a whole. 17 .57 .060 Findings and Conditions The Planning Commission may grant an extreme slope permit only if it finds: A. That the site cannot reasonably accomodate the structure in another location not involving an extreme slope. -MC14- Exhibit "A" Resolution PC 85-17 . r B. That the permit will result in no significant adverse effect on neighboring properties. Factors to be considered in making this finding shall include: view impairment, visual impact, slope instability, increased run-off , and any other impact as perceived by the Planning Commission. C. That there will be minimal disturbance to the slope. D. That the permit approval is not contrary to the General Plan or Coastal Specific Plan. E. That in order to protect the health, safety and general welfare, the Planning Commission shall add conditions from the list that follows: 1. landscaping and maintenance thereof 2. the structure to be of a color that blends with the natural landscape and maintenance thereof 3. complete p geology and/or hydrology reports which address the proposed structure. 4. such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. 17 .57 .070 Appeal A. The petitioner or any other interested person may appeal any decision by the Planning Commission or any condition imposed by the Planning Commission by filing a written request with the City Clerk, together with an appeal fee as established by resolution of the City Council, within fifteen days after the Commission decision is made. If such an appeal is made, a copy of the Planning Commission findings shall be transmitted to the City Council together with the -MC15- Exhibit "A" Resolution PC 85-17 appeal and the City Council shall confirm or deny said appeal. If the City Council so desires, it may conduct public hearings subject to the same procedures and notification as required for Planning Commission hearings. B. The City Council may do one of the following: 1. If the findings of the Commission do not, in the opinion of the Council , warrant further hearing, the Council may affirm the decision of the Com- mission om- mission and dismiss the appeal . 2. I f, in an opinion of the Council , said findings warrant further hearing the Council shall consider the appeal and may reverse, affirm or modify any decision. If the Council so desires , it may conduct a public hearing sub- ject to the same procedures and noti- fications required for Commission hearings . 3. If significant new evidence, which may include substantial changes to the original proposal , is presented in conjunction with the appeal , the Council shall refer the matter back to the Commission for further con- sideration and decision. 17 .57 .080 Time Limit A. Such •-rmit shall ex.ire within one hundred eighty_ days , or such other period of time as established by the planning commission , from the date approval is granted. B. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established in this Chapter , the Commission may grant an extension of time for a period not to exceed an additional ninety days . -MC16- Exhibit "A" Resolution PC 85-17 17 .57 .090 Failure to Comply A. Noncompliance with any condition on an extreme slope permit shall consti- tute a violation of this title. B. Each permit anted under the provi- sions of this chapter shall become null and void if the time limit expires and no extension has been granted. 47. Title 17 of the Rancho Palos Verdes Municipal Code is amended by adding Chapter 17 .59 to read as follows: Chapter 17 .59 Large Family Day Care Home Permit Sections 17 .59 .010 Purpose 17 .59 .020 Scope 17 .59 .030 Application 17 .59 .040 Action By Director 17 .59 .050 Expiration 17 .59 .010 Purpose This Chapter provides procedures and standards for the granting of large family day care home permits in single family residential districts when such • homes meet the standards listed in Section 17 .59 .020 . 17 .59 .020 Scope The director may grant large family day care home permits authorizing the care within a single family residence of seven to twelve children, inclusive, including children who reside at the homes. Providing that: A. All necessary permits from the State Department of Social Services to operate a large family day care home have been obtained. B. A City Business license has been issued. C. Proof of compliance with State Fire Marshal Standards is provided. D. The home is not located within one thousand feet of any other large family day care home. -MC17- Exhibit "A" Resolution PC 85-17 E. One on-site parking space is provided for each permanent employee. F. An on-site loading/unloading area is provided. 17 .59 .030 Application Application for a large family day care home permit shall be made on forms provided by the City and shall include such plans and documents as may reasonably be required by the Director for a complete understanding of the proposal , and a filing fee established by resolution of the city council. 17 .59 .040 Action by Director The director shall either grant, grant with conditions, or deny the application based on compliance with the standards listed in Section 17 .59 .020 . 17 .59 .050 Expiration No large family day care permit may be transferred from one person to another nor from one location to another. Such transfer shall make the permit null and void. 48 . Section 17 .62.020 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .62 .020 . Scope. Any minor exception permit in the coastal specific plan district shall be in conformity with the policy and requirements of the coastal specific plan. The director of planning may grant minor exception permits authorizing the following: A. Construction of fences , walls or hedges which require a minor exception permit pursuant to Chapter 17 .42; B. Antenna structures which require a minor exception permit pursuant to Chapter 17 .40 . C. Up to a twenty percent reduction in setback and open space requirements , D. A twenty percent reduction or measurement of ten feet, whichever is less , for each lot dimension measurement upon the finding that such reduction is consistent with the intents of this chapter . 49 . Section 17 .62 .040 of the Rancho Palos Verdes Municipal Code is amended to read as follows: -MC18- Exhibit "A" Resolution PC 85-17 17 .62 .040. Notification. Upon receipt of a complete application for a minor exception permit, the director shall notify the owners of all property adjacent to the proposed use and/or development by letter except if the application is for an antenna structure pursuant to Chapter 17 .40 , then the notification shall be sent to all property owners within five hundred feet of the subject lot. Adjacent property shall include all lots which directly abut, or are directly across any public or private right-of-way from the subject property. 50 . Section 17 .62.050 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .62 .050 . Action by the Director. Not sooner than fifteen days after the owners are notified, nor later than thirty days after receipt of the application, except that if a minor permit application is filed in conjunction with another application, the longer review time of any of the applications will prevail , the director shall either grant, deny, or grant with conditions the minor exception permit. Conditions may be imposed to assure that the minor exception permit is within the intent of this chapter. Noncompliance with any conditions of a minor exception permit shall constitute a violation of this title. Notice of the director' s decision shall be sent to all owners of adjacent 'property except if the application is for an antenna structure pursuant to Chapter 17 .40 , then the notice shall be sent to all persons who responded to the original notice. 51 . Section 17 .62 .060B of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .62 .060B. The applicant or any other interested party may appeal the decision of the Planning Commission to the City Council by filing a written appeal together with the appeal fee established by resolution of the City Council. The City Council may do one of the following: 1. If the findings of the commission do not, in the opinion of the council , warrant further hearing, the council may affirm the decision of the commission and dismiss the appeal . 2 . If, in the opinion of the council, the findings warrant further hearing, the council shall consider the appeal and may reverse, affirm or modify any decision. If the council so desires , it may conduct a public hearing sub- ject to the same procedures and notification as required for commission hearings . -MC19- Exhibit "A" Resolution PC 85-17 . 3 . If significant new evidence, which may include substantial changes to the original proposal, is presented in conjunction with the appeal, the council shall refer the matter back to the commission •for futher consideration and decision. 52 . Section 17 .62 .060C of the Rancho Palos Verdes Municipal Code is repealed. 53 . Section 17 .67.010 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .67 .010 Purpose. The coastal permit procedure provides for review of proposed development within the coastal specific plan district to determine conformity with the city' s coastal specific plan and state regulations. 54 . Section 17 .67 .040B of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .67 .040 . B. Appealable Developments 1. At least fifteen calendar days prior to the first public hearing on an appealable development proposal, the city shall provide notice by first-class mail of the pending application. This notice shall be provided to: a. Each applicant; E. All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city; c. All property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed; and d. The Coastal Commission. 2. The notice shall contain the following information: a. A statement that the development is within the Coastal District; b. The date of filing of the application and the name of the applicant; c. The number assigned to the application; d. The location and description of the proposed development; e. The date, time and place at which and by whom the application will be heard; f. A brief description of the general procedure concerning the conduct of hearings and local actions; and 2. The system for city and Coastal Commission appeals . 3. 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) announced at the hearing as being con- -MC20- Exhibit "A" Resolution PC 85-17 tinued to the 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. 55 . Section 17 .67 .040 .D of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .67 .040 .D. Nonappealable Developments without Hearing. 1. Notice of nonappealable developments within the coastal district which do not require a public hearing under city ordinance shall be provided as follows: At least seven calendar days prior to the decision on the application, the city shall provide notice by first-class mail of the proposed development. This notice shall be provided to: a. All persons who have supplied self-addresed stamped envelopes for that development project or for coastal decisions within the city; b. All property owners and residents within one hundred feet of the perimeter of the parcel on which the deve- lopment is proposed; and c. The Coastal Commission. 2 . The notice shall contain the following information: a. A statement that the development is within the Coastal District; b. The date of filing of the application and the name of the applicant; c. The number assigned to the application; d. The location and description of the proposed development; e. The date the application will be acted upon and by whom; f . The general procedure of the city concerning the sub- mission of public comments either in writing or orally prior to the decision; and g. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be provided before the decision is made. 56 . Section 17 .68 .060E of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17 .68 .060E. Single-family residences in single-family residential districts may be restored to original condition and may be expanded to conform to the setback standards listed below: Minimum Standards Front Interior side Street side Rear 20 5 10 15 -MC21- Exhibit "A" Resolution PC 85-17 57 . Chapter 17 .70 of the Rancho Palos Verdes Municipal Code is amended by adding 17 .70 .025 to read as follows: 17 .70.025 . Prohibited Uses. Within each district, any use not specifically permitted is prohibited unless the planning commission finds such use to be similar to and no more intensive than permitted uses in that district. -MC22- Exhibit "A" Resolution PC 85-17