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PC RES 2003-014} P.C. RESOLUTION NO. 2003-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 17.02 (SINGLE- FAMILY RESIDENTIAL DISTRICTS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO MODIFY THE NEIGHBORHOOD COMPATIBILITY AND THE ROOF DECK REQUIREMENTS FOR CITYWIDE, RESIDENTIAL ZONED NEIGHBORHOODS. WHEREAS, on December 4, 2001, the City Council established a Neighborhood Compatibility Steering Committee (referred herein as "Committee") assigned with the task of reviewing the City's current Neighborhood Compatibility requirements and create a publication that conveys the process and procedures to the general public, and, WHEREAS, between February 15, 2002 and becember 6, 2002 the Committee convened, during which time improvements to the City's Neighborhood Compatibility requirement were considered and a new Neighborhood Compatibility Handbook was prepared, and, WHEREAS, on February 8, 2003 the Committee presented its recommended changes to the City Council and the Planning Commission at a Joint Workshop, and, WHEREAS, at the February 8, 2003 Joint Workshop, the City Council and Planning Commission reviewed the Committee's recommendations and accepted the proposed changes with slight modifications and directed Staff to initiate the necessary code amendment proceedings, and, WHEREAS, on March 22, 2003 a notice was published in the Palos Verdes Peninsula News; and, WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on April 8, 2003 at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title. 17 as set forth in the Planning Commission Staff Report of that date, and, WHEREAS, the Planning Commission reviewed and considered the proposed code amendments to Title 17 and forwarded its recommendations to the City Council for its consideration P C Resolution No 2003-14 Page 1 of 5 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 Chapter 17 02 of Title 17 of the Municipal Code Section 2: The Planning Commission finds that the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 3 The Planning Commission finds that the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community Section 4: The Planning Commission finds that the amendments to Title 17 are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Title 17 shall be construed as a restatement and continuation of the previous provisions and as new enactment Section 5: The Planning Commission further finds that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendments are clarifications and minor non -substantive revisions to the Development Code. An Addendum (No 7) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit 'A'. The Planning Commission hereby finds, based on its own independent judgement, that the facts stated in the Addendum are true because the minor revisions to the Development Code will strengthen the Code and lessen potential environmental impacts of future development in the City Section 6: The Planning Commission finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area Section 7: Paragraphs B and D of Section 17 02 030 of Title 17 are hereby amended to read as follows P C Resolution No 2003-14 Page 2 of 5 6 17 02 030 Development standards B Neighborhood Compatibility 1 The following new single-family residences and additions to existing single-family residences shall be compatible with the character of the immediate neighborhood• a New residences that are proposed to be developed on vacant lots, b New residences that are proposed to replace existing residences, C. Existing residences that are proposed to be remodeled or renovated such that fifty percent or greater of any existing interior and exterior walls or existing square footage is demolished, d Cumulative additions to existing single-family residences that result in theegr ater of eensistmg of a 25% or 750 square foot mere expansion of the total square footage of the original main residence including the garage and detached structures, e The Construction of a new second story or higher story or an addition to an existing second or higher story, pursuant to Section 17 02 of the Development Code, f Projects that result in lot coverage that exceeds the maximum allowed in Chapter 17 02 of the Development Code, g. An addition of a second story deck, balcony or roof deck eight (80) square feet or larger in area, or protecting more than six (6) feet from the existing building and, h An addition of a mezzanine, whether in whole or in part to an existing structure that modified the exterior of the structure 2. As defined in Section 17.02.040(A)(6) of this chapter, neighborhood character means the existing characteristics in terms of the following: a. Scale of surrounding residences, b. Architectural styles and materials, and C. Front, side and rear yard setbacks. D Roof Decks 1 "Deck" means a platform that is freestanding or attached to a building or structure. A deck attached to, and projecting beyond, the vertical surface of a building or structure which is located a minimum of eight feet above adjacent grade shall be considered a balcony. 2 Decks located upon the roof of a primary building shall be permitted, except for the following decks which shall be prohibited: a. Decks which are not directly accessible from habitable floor area located on the same level as the deck, b Decks which are solely accessed by either exterior stairs, a roof hatch, or both (or other similar openings), c Decks located exclusively on the roof of an accessory structure or detached garage ani P C. Resolution No 2003-14 Page 3 of 5 tau the adjaeont habitable spaee 3. As required in Section 17.02 030(B)(1)(g), a roof deck or balcony that exceeds eighty (80) square feet or projects more than six (6) feet from the existing building shall not be approved unless determined to be compatible with the existing neighborhood 4 The following standards shall apply to all permitted roof decks a A deck shall not create an infringement of privacy, as defined by the height variation findings discussed in Section 17 02.040 C.1.e ix; b. Any outdoor furnishings, accessories or plants located on a "roof deck" shall not exceed a height of eight feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck, and, c Any outdoor furnishings, accessories or plants located on a "roof deck" which exceed the height limits established in Section 17 02 040, shall not significantly impair a view from surrounding properties Section 8: Paragraph A of Section 17 02 040 of Chapter 17 02 of Title 17 is hereby amended read as follows 6 "Neighborhood character" means the existing characteristics in terms of the following: a Scale of surrounding residences; b. Architectural styles and materials, and C. Front, side and rear yard setbacks Section 9: In addition to the amendments contained herein, the Planning Commission hereby recommends that the City Council consider amending the Height Variation Guidelines in accordance to the code amendments pertaining to Neighborhood Compatibility, and to consider the adoption of the Neighborhood Compatibility Handbook, which includes the establishment of a Neighborhood Compatibility Pre -Application Process and the silhouette requirement for all projects requiring the analysis of Neighborhood Compatibility The Planning Commission further recommends that the City Council consider "immediate neighborhood to be normally considered the twenty (20) closest residences within the same zoning district " Section 10; The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17 as they existed prior to the effective date of this ordinance P.C. Resolution No 2003-14 Page 4of5 Section 11: 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 deemed complete prior to the effective date of the adoption of said ordinance Section 12: For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council adopt an Ordinance amending Chapter 17 02 of Title 17 of the City's Municipal Code to modify the Neighborhood Compatibility and the Roof Deck requirements for Citywide residential zoned neighborhoods, .and adopt the necessary procedural changes to the Neighborhood Compatibility PASSED, APPROVED, AND ADOPTED this 8th day of April, 2003, by the following vote: AYES: Chairman Long, Commissioners, Cartwright, Lyon, Cote, Duran - Reed, and Tomblin NOES: None ABSTENTION: None ABSENT. Vice -Chairman Mueller oel jas, AIUnin irec r of Pla Building a ode Enfent; and, Secretary to the Planning Commission T C p. C.Resolution No 2003-14 Page 5 of 5