PC RES 2004-033P.C. RESOLUTION NO. 2004-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE
CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO
AMEND CHAPTER 17.02 (SINGLE-FAMILY RESIDENTIAL
DISTRICTS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE BY
ESTABLISHING EXEMPTIONS TO THE NEIGHBORHOOD
COMPATIBILITY REQUIREMENTS FOR CITYWIDE
RESIDENTIAL ZONED NEIGHBORHOODS.
WHEREAS, on May 6, 2003, the City Council adopted Ordinance No 389
amending Title 17 of the Rancho Palos Verdes Municipal Code as it pertains to
the Neighborhood Compatibility requirements At that time, the Council directed
Staff to monitor the effectiveness of the new rules for one-year, and,
WHEREAS, on October 7, 2003, during the one-year review period, a
resident of the City of Rancho Palos Verdes informed the Council during public
comments at a regularly scheduled meeting that the new Neighborhood
Compatibility rules were time consuming and costly for residents proposing minor
additions to existing single-family residences In response, the Council directed
Staff to investigate the possibility of establishing exemptions to the new rules,
and,
WHEREAS, on February 17, 2004, pursuant to City Council direction,
Staff presented the Council with draft language that would establish exemptions
to the Neighborhood Compatibility requirements. After reviewing Staffs
suggested language, the City Council initiated the Code amendment
proceedings; and,
WHEREAS, on June 26, 2004 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 July 13, 2004 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, after discussing the proposed language, the Commission
directed Staff to explore redefining and expanding the exemptions and to consult
with the City Attorney. The Commission continued the public hearing to its July
27, 2004 meeting; and,
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WHEREAS, at its July 27, 2004 meeting, the Planning Commission
continued the public hearing, without discussion, to its August 10, 2004 meeting
to allow Staff additional time to consult with the City Attorney, and,
WHEREAS, on August 10, 2004, the Planning Commission discussed the
revised language proposed by Staff and the City Attorney After considering
public testimony and reviewing the recommended language, the Planning
Commission directed Staff to bring back the appropriate Resolution for adoption
at its August 24, 2004 meeting; and,
WHEREAS, on August 24, 2004, the Planning Commission reviewed and
considered the proposed code amendments to Title 17 and forwarded its
recommendations to the City Council for its consideration.
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 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 establish specific exemptions to the Neighborhood
Compatibility requirements and minor non -substantive revisions to the
Development Code. An Addendum (No. 11) 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 judgment, that the facts
stated in the Addendum are true because the revisions to the Development Code
will strengthen the Code with no potential environmental impacts
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Section 5: The Planning Commission finds that the amendments to
Title 17 are necessary to preserve the public health, safety, and general welfare
in the area, while balancing property rights.
Section 6: Paragraphs B of Section 17 02 030 of Title 17 is hereby
amended to read as follows (the underlined text represents new language and
the strike -out text represents deleted language):
17.02.030 Development standards.
B. Neighborhood Compatibility
1 The following residential development projects shall be compatible
with the character of the immediate neighborhood
a. A new residence that is proposed to be developed on a vacant
lot;
b. A new residence that is proposed to replace an existing
residence;
c. An existing residence that is 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 An addition to an existing single-family residence or the
construction of any new detached structure that individually, or
when combined with prior additions cumulatively, results in tho
greater than sf (i) 750 square feet of additional floor area, or
(u) a 25% expansion of the total square footage of all of the
onginal structures constructed on the property, including the
main residence, the garage, and all detached structures;
e. The construction of, or an addition to, a new second story or
higher story, pursuant to Chapter 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. The construction of. or an addition of a deck, balcony or roof
deck to a second story or higher story if the total area of the
deck. balcony or roof deck that is eighty (80) square feet or
larger in arca or projects more than six (6) feet from the
existing building; and,
h. An addition of a mezzanine to an existing structure that
modifies the exterior of the structure, other than flush mounted
doors and windows
2. The following Projects shall be exempt from the Neighborhood
Compatibility analysis in anv two-vear period'
a. An addition to an existing single-familv residence that
meets the following criteria:
1. Is 16 -feet or less in height. as measured
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according to the critena stated in Section
17 02.040(8); and,
ii. Is located in the rear or interior side of a
property; and.
Is 250 square feet or less in floor area; and,
iv. Complies with all of the Citv's residential
development standards.
b An addition or conversion of non -habitable floor area to
habitable floor area that does not result in exterior
modifications other than the placement of flush mounted
doors and windows.
c The construction of a minor non -habitable accessory
structure. such as, but not limited to. a cabana, a pool
changing room, a storage shed. or a playhouses. that
meet the following criteria.
i Is 12 -feet or less in height, as measured from
adjacent grade, and.
Is less than 250 square feet in floor area; and.
iii Complies with all of the Citv's residential
development standards.
d The enclosure of a roofed breezeway between legally
permitted structures or the enclosure of a 250 sauare foot
or less patio cover, provided the enclosure:
Is 16 -feet or less in height; and.
11. Is attached to the primary structure: and.
111. Complies with all of the Citv's residential
development standards.
3 As defined in Section 17 02 040(A)(6) of this chapter, neighborhood
character means the existing charactenstics in terms of the following:
a Scale of surrounding residences;
b. Architectural styles and materials; and
c Front, side and rear yard setbacks.
4. The determination of whether a new single-family residence or an
addition to an existing single-family residence is compatible with the neighborhood
character shall be made by the director or planning commission in the course of
considering the applicable permit application(s) for the proposed residence.
5. Public Notice. Notice for an application that requires a neighborhood
compatibility finding shall be published in a newspaper of general circulation and
given to owner' s of property within five hundred feet of the project, to all persons
requesting notice, to any affected homeowner' s associations, and the applicant
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pursuant to Section 17 80 090 (Notice of Hearing) of this title. Said notice shall be
given at least fifteen days prior to a decision on the application.
Section 7: In addition to the amendments contained herein, the
Planning Commission hereby recommends that the City Council consider
amending the Neighborhood Compatibility Handbook to correspond with the
proposed amendments to the Neighborhood Compatibility requirements, as
depicted in Exhibit "B" attached hereto
Section 8: 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.
Section 9: The amendments to Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all development applications
submitted after the effective date of the adoption of said ordinance and to all
development applications that have not been decided upon prior to the effective
date of the adoption of said ordinance
Section 10: 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
requirements by establishing exemptions for Citywide residential zoned
neighborhoods, and to adopt the necessary changes to the Neighborhood
Compatibility Handbook
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• •
PASSED, APPROVED, AND ADOPTED this 24th day of August, 2004, by the
following vote:
AYES: Chairman Mueller, Commissioners Karp, Knight, Gerstner, and Tetreault
NOES: None
ABSTENTION: None
ABSENT: Vice -Chairman Cote
J el 'i • jas, A
D ec • r of PI : ► ning, Building
an• ' ode Enforcement; and,
Secretary to the Planning Commission
*6'(
Craig Mueller
Chairman
P.C. Resolution No. 2004- 33
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ADDENDUM NO. 11 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
August 24, 2004
On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a
Negative Declaration for Environmental Assessment No 694 for amendments to Titles
16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration
was circulated for public comment from March 4 through March 24, 1997 and no
substantive comments were received from any persons or responsible agencies In
adopting the Negative Declaration, the City Council found: 1) that there would be no
significant adverse environmental impacts resulting from the adoption of the
amendments; 2) that many of the amendments were clarifications and minor non -
substantive revisions; and 3) that the substantive amendments would reduce impacts
on the environment since the requirements and regulations governing development in
the City would generally be strengthened, thereby further reducing any adverse impacts
to adjacent properties and upon the environment.
The Planning Commission is currently reviewing amendments to Title 17 of the
Development Code that would establish specific exemptions to the Neighborhood
Compatibility requirements. The proposed amendments are intended to clarify the
existing Code requirements and to balance property rights with the preservation of
public health, safety and general welfare, while providing the decision makers, Staff,
and the public with clearer direction on how to process residential development
applications As such, the Planning Commission has independently reviewed this item
and determined that the proposed amendments will not result in any new significant
environmental effects Furthermore, the Planning Commission recommends that the
City Council find the amendments to be within the scope of EA/ND No. 694 that were
prepared and adopted in conjunction with the amendments to Titles 16 and 17, that
were adopted on April 19, 1997 by the City Council. As a result, The Planning
Commission recommends to the City Council that no further environmental review is
necessary other than the City Council's adoption of this Addendum No 11
Exhibit "A"
Resolution No 2004-33
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