CC SR 20170606 06 - Section 17.48 Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/06/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to initiate code amendment proceedings to Chapter
17.48 of Title 17 (Lots, Setbacks, Open Space Area and Building Height) of the City's
Municipal Code in order to address Code inconsistencies and clarify development
regulations.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to clarify certain sections of Chapter 17.48
of Title 17 (Lots, Setbacks, Open Space Area and Building Height) of the Rancho
Palos Verdes Municipal Code in order to address Code inconsistencies and
clarify development regulations.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner O's -
REVIEWED
s -
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development,;
APPROVED BY: Doug Willmore, City ManagerVI` -I
ATTACHED SUPPORTING DOCUMENTS:
A. Chapter 17.48 of the Rancho Palos Verdes Municipal Code (page A-1)
BACKGROUND AND DISCUSSION:
The Planning Division strives to provide an efficient and timely review of proposed
development projects. Ensuring that the City's Development Code provides clear and
concise regulations is a key component to a streamlined process for residents, business
owners and developers. Over the course of the next several months, the Planning
Division will be proposing a number of code amendments in an effort to address Code
inconsistencies and to further clarify and update development regulations.
The first of the proposed code amendments involves specific amendments to Chapter
17.48 of the Rancho Palos Verdes Municipal Code (RPVMC), as it relates to Lots,
Setbacks, Open Space Areas and Building Heights. The proposed code amendments
are intended to provide clarifications, as opposed to making wide range changes to the
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existing development standards and processes. Below are some examples of the
proposed code amendments to Chapter 17.48 of the RPVMC:
• 17.48.020(A) Lot Area and Dimensions: Establish language, in addition to
minimum lot area and dimension requirements, which will require lot lines to be
generally straight and continuous in an effort to avoid creating odd shaped lots
when lot line adjustments or subdivisions are proposed.
• Section 17.48.030(F) Setbacks: Clarify the review process and the acceptable
authorization form when construction or improvements are proposed within a
private easement. Current code regulations require an applicant to obtain
easement holder authorization in a form that is acceptable to the City Attorney and
recorded with the Los Angeles County Recorder's Office. Staff has observed that
this requirement is onerous to property owners in cases when an easement holder
is not present or when an easement holder, such as a utility company, does not
provide recordable authorization forms. This requirement often results in a
prolonged review process and in some cases applicants abandoning the project
all together.
• Section 17.48.050(D) Building Height: Ensure that the height requirement for
accessory structures, such as a detached garage, is measured similar to primary
structures on a lot. Currently, the code requires that the height of an accessory
structure be measured from the lowest pre -construction grade adjacent to the
foundation wall to the roof ridge with a maximum height of 12' and in some
instances up to 16' in height. The proposed code amendment would not alter the
maximum height of an accessory structure, but rather require that the height be
measured from the lowest finished grade elevation adjacent to the structure to the
roof ridgeline and from the highest existing grade elevation adjacent to the
structure to the roof ridgeline. This proposed amendment will prevent the
unintended consequence of an accessory structure exceeding the required height
limit when grading is involved.
If initiated, the proposed code amendments will be reviewed by the Planning
Commission, who will then forward a recommendation to the City Council for its
consideration. Both reviews will occur at duly -noticed public hearings.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council's consideration:
1. Identify specific Code criteria within Section 17.48 of Title 17 that should
or should not be amended.
2. Direct Staff to take no action at this time.
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Chapter 17.48 - LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT
Sections:
17.48.010 - Purpose.
This chapter clarifies, amplifies and makes certain exceptions to district development standards
pertaining to lot area and dimensions, setbacks, open space area and building height. This chapter also
provides certain general development standards which apply to more than one zoning district.
(Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
17.48.020 - Lot area and dimensions.
A. No lot shall be created with, or reduced to an area or dimension, less than the minimum lot area and
dimensions required in the respective base zoning district, except as provided in Chapter 17.42
(Residential Planned Development). Existing lots which have an area or dimension less than the
minimum required shall not be reduced in area or in the insufficient dimension.
B. Lot width shall be the distance from side property line to side property line, measured at a point midway
between the front and rear property lines, along a line parallel to a straight front property line or to a
tangent at the midpoint of a curved front property line.
C. Lot depth shall be the distance from the midpoint of the front property line to the midpoint of the rear
property line.
D. For lots with no rear property line, lot depth shall be the distance from the midpoint of the front property
line to the point where the side property lines intersect.
(Ord. 320 § 7 (part), 1997: Ord. 158 § 1 (part), 1982: Ord. 78 (part), 1975)
17.48.030 - Setbacks.
Except as otherwise provided in this chapter, no building, structure or portion of any building or
structure, located under or above the ground, 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 district
in which the property is located. On lots abutting a private street, setbacks shall be measured from the
street easement line for measuring setbacks.
A. Property Line Designation. The following methods for determining a property line designation
(front, side, street side or rear) shall apply to all lots in the city. In cases of uncertainty, the director
shall determine the appropriate property line designations. The director's decision may be
appealed to the planning commission and the planning commission's decision may be appealed
to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures).
1. Front. For interior lots, the front property line shall be that property line abutting the primary
public or private street of access. For corner lots, the front property line shall be the shorter
property line abutting the primary public or private street of access. For corner lots where
the front and street side property lines intersect on a curve, the front property line shall begin
and the street side property line shall end at the midpoint of the curve. For flag lots, the front
property line shall be that property line which most nearly parallels the public or private street
of access and which abuts the pole, not including the pole.
2. Street Side. For corner lots, any property line other than the front or rear property line which
abuts the public or private right-of-way shall be a street side property line. For wedge or
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triangular shaped lots with a straight or curved front property line, no rear property line shall
exist.
3. Rear. The rear property line shall be the property line opposite and most distant from the
front property line.
4. Interior Side. An interior side property line shall be any property line which does not abut a
public or private right-of-way and which is not a front or rear property line.
B. Future Right-of-way Lines. If any future street right-of-way line has been established by plan
adopted by the city council, this line shall be considered to be the property line for purposes of
determining setbacks.
C. Hillside Setbacks.
Front Setbacks. Any lot having a grade of more than twenty-five percent, as measured from
the curbline to a point midway between the side lot lines and over a distance of fifty feet from
the front lot line, may have a front yard setback which is not less than fifty percent of the
depth required for a front yard setback in the district in which said lot is located. Garages
with driveways which directly access the street shall not be less than twenty feet from the
front or street side property line.
2. Side and Rear Setbacks. If the following conditions occur:
There is a slope between building pads of adjoining lots held under separate ownership;
The difference in vertical elevation between the top and the toe of the slope is six feet
or more; and
c. Unless alternate setbacks are approved by the building official, when the grade of the
slope between the top and toe of an ascending slope is two feet horizontal to one foot
vertical (2:1 or fifty percent) or greater, or the grade of a descending slope is three feet
horizontal to one foot vertical (3:1 or thirty-three percent) or greater, then the following
hillside setbacks shall apply:
On the downslope lot, the minimum distance between the toe of the slope and any
portion of the main building shall not be less than one-half the vertical height of the
slope (as measured from toe to top of slope), with a minimum of three feet and a
maximum of fifteen feet; and
On the upslope lot, the minimum distance between the top of the slope and any
portion of the main building shall not be less than five feet.
D. Landscaping. In single-family residential (RS) districts, except for driveways, paved walkways
and parking areas, all of the required front and street -side setback areas shall be landscaped. In
single-family residential (RS) districts, driveways, paved walkways and parking areas shall not
cover more than fifty percent of the required front or street -side setback areas. Any pervious or
semi -pervious surface which is part of or within a driveway or parking area shall not be considered
to be landscaping.
E. Exceptions.
Architectural Features. Cornices, belt courses and other similar architectural features may
project into the required setback area not more than four inches for each foot of the required
setback; provided, that no portion of such an architectural feature is located or projects below
eight feet above grade; and provided, that there are no vertical supports or members within
the required setback area.
2. Garden Windows and Window Coverings. Garden windows and window coverings, including
retractable awnings, may project into the required interior side and rear year setback areas
not more than four inches for each foot of the required setback; provided that there are no
vertical supports within the required setback area.
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3. Roof Eaves. Roof eaves may project into the required setback not more than six inches for
each foot of the required setback; provided that there are no vertical supports within the
required setback areas. Roof eaves shall not be calculated towards lot coverage as defined
in Section 17.02.040(A)(5).
4. Fireplace Chimneys. Chimneys may project two feet into any required setback.
5. Minor Structures and Mechanical Equipment. Trash enclosures, storage sheds or
playhouses less than one hundred twenty square feet, doghouses, play/sports equipment,
fountains, light fixtures on a standard or a pole, flag poles, enclosed water heaters,
barbecues, outdoor kitchens, garden walls, air conditioners, pool filters, vents and other
minor structures or mechanical equipment shall not be located in any setback area in
residential districts except as specified below:
Minor structures and equipment less than six inches in height, as measured from
adjacent finished grade, may be located in any required front, side or rear setback;
Minor structures and mechanical equipment which exceed six inches in height, as
measured from adjacent finished grade, may be permitted within an interior side or rear
setback area by the director, through a site plan review application, unless the minor
structure is a play house less than one hundred twenty square feet, a dog house, or
play/sports equipment, then a site plan review application shall not be required;
provided that no significant adverse impacts will result and provided that:
Noise levels from mechanical equipment do not exceed sixty-five dBA as
measured from the closest property line,
ii. No part of any minor structure or mechanical equipment, exceeds six feet in height
(as measured from adjacent finished grade),
iii. If located within a rear setback area which abuts a public or private street, the
minor structure or mechanical equipment is not visible from the public or private
street,
iv. No part of any mechanical equipment, including but not limited to pool/spa
equipment and air conditioning/heating equipment, extends within three feet of the
property line, and
No part of any minor structure extends within three feet of the property line.
However, minor structures (not mechanical equipment) may be allowed to abut the
side or rear property line; provided, that the minor structure:
(A) Is placed adjacent to an existing solid wall;
(B) Does not exceed the maximum height of the adjacent solid wall, up to a
maximum of six feet;
(C) Is less than one hundred twenty square feet in size; and
(D) Is located a minimum of three feet from an adjacent structure, unless the
structures are parallel and abutting each other, as determined by the director.
c. The following minor structures shall be permitted within a front yard setback area
provided that the minor structure does not exceed forty-two inches in height, as
measured from adjacent pre -construction grade:
Balustrades and columns;
ii. Light fixtures, including light fixtures attached to a standard, a pole or a column;
iii. Fountains, provided that the fountain is within the maximum front yard landscape
requirement and is not operated between the hours of midnight and seven a.m.;
iv. Ornamental ponds less than eighteen inches deep; and
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Decorative landscape elements, including but not limited to: rocks, boulders, raised
planter beds, pilasters and statuary.
6. Decks, Walkways and Paving. Decks, asphalt paving, concrete walkways or similar ground
surfacing less than six inches in height (as measured from adjacent finished grade), shall
not be subject to setback requirements. Decks (including any railing), six inches to thirty
inches in height (as measured from adjacent finished grade), may be permitted in any
setback area upon determination by the director, through a site plan review application, that
no significant adverse impacts will result.
7. Swimming or Ornamental Pools. Swimming pools, spas, ornamental pools and any other
body of water measuring eighteen inches or more deep, may be located within an interior or
rear yard setback; provided, that no portion of said pool is located closer than three feet from
the property line. Ornamental ponds less than eighteen inches deep may be located within
any required setback and may abut any property line.
8. Foundations and Footings. Below grade foundations and/or footings for above ground main
buildings may be located in any setback; provided, that no portion of the foundation or footing
is located closer than three feet from the property line.
9. Subterranean Structures. Subterranean structures, including holding tanks, which are
located entirely below grade shall not be extended any closer than half of the required
setback to any property line or three feet from the property line, whichever is greater.
10. Fences, Walls and Hedges. Fences, walls and hedges may be permitted within any front,
interior side, street side or rear yard setback pursuant to Section 17.76.030 (Fences, Walls
and Hedges).
F. Easements. Setbacks from legal easements, other than street right-of-way easements, shall not
be required. In addition to the appropriate review and approval by the city, no construction of any
structure or improvement is allowed within a legal easement without written authorization from
the legal holder of the easement. Such authorization shall be in a form that can be recorded and
shall be reviewed by the city attorney.
G. Garages. An applicant shall apply for a setback reduction through a variance application, as per
Chapter 17.64 (Variances), for converting a legally existing indirect access driveway to a direct
access driveway, even in the case where no new square footage is to be added to the residence
or garage.
(Amended during 11-97 supplement; Ord. 320 § 7 (part), 1997: Ord. 194 § 9 (part), 1985; Ord.
158 §§ 1, 2, 1982; Ord. 90 § 5 (part), 1977; Ord. 78 (part), 1975)
(Ord. No. 510, § 15, 6-29-10; Ord. No. 529, § 11, 11 - 15-11)
17.48.040 - Open space area.
An open space area shall be provided on each lot with a residential structure. Open space area shall
not include any portion of a lot or building site which is within the definition of lot coverage, as defined in
Section 17.02.040(A). Lot coverage shall not exceed the maximum area requirements established in the
district development standards (see Table 02-A in Chapter 17.02). For purposes of calculating lot coverage,
a private street easement area shall not be considered a part of the lot area. For flag lots, the "pole" portion
of any flag lot that is encumbered by an access easement benefiting another property shall not be
considered a part of the lot area. In no case shall any hardscape or other improvements within a private
street easement or a flag -lot "pole" that is encumbered by an access easement be counted as lot coverage.
In multiple -family residential units, private outdoor decks and balconies with one minimum horizontal
dimension of seven feet which are designated for the exclusive use of the occupants of an individual unit
may comprise up to thirty percent of required open space.
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(Ord. 355 § 9, 2000: Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975)
(Ord. No. 510, § 10, 6-29-10)
17.48.050 - Building height.
A. No portion of any building or structure shall exceed the maximum building height listed in the district
development standards except as follows:
Antennas and satellite dishes and associated screening pursuant to Section 17.76.020
(Antennas) of this Code.
In nonresidential zoning districts, penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar equipment required to operate and maintain the
building, fire or parapet walls, skylights, dormers, towers, church steeples, flagpoles, silos, water
tanks or similar structures, upon determination by the director through a site plan review
application, that the roof equipment or structures:
a. Will not exceed the maximum ridgeline of the existing structure;
b. May be erected above the height limits prescribed in this section pursuant to the
requirements of the building code; and
c. Will not cause significant view impairment from adjacent property.
No penthouse, roof structure or any space above the height limit shall be allowed for the
purpose of providing additional living or floor space.
In residential zoning districts, skylights and vents/ducts required by the Uniform Building Code,
may exceed the height limits prescribed in this chapter, upon determination by the director,
through a site plan review application, that the skylights and/or vents/ducts will not exceed the
maximum ridgeline or the existing residence and will not cause a significant view impairment from
adjacent property, as defined in Chapter 17.02 (Single -Family Residential (RS) Districts).
Chimneys, attached to the main residence or to an accessory structure, which can be safely
erected and maintained at a height that exceeds the maximum ridgeline of the structure to which
it is attached, may be approved by the director, provided that they do not exceed the minimum
height requirements of the building code as determined by the building official.
B. Any roof mounted equipment and/or architectural features, excluding renewable energy systems such
as photovoltaic systems (solar panels) and/or solar water heating systems, which are addressed in
Section 17.83.050 of this title, that exceed the maximum building height listed in the district
development standards and do not meet the review criteria listed in Section 17.48.050(A) of this
chapter may be permitted upon determination by the planning commission, through a site plan review
application, that the equipment and/or features:
1. May be erected above the height limits pursuant to the requirements of the building code; and
2. Will not cause significant view impairment from adjacent property, as defined in Section 17.02
(Single -Family Residential Districts).
C. Notification of a site plan review application to the planning commission shall be given to the owners
of all parcels located adjacent to the parcel on which the proposed roof -mounted equipment and/or
architectural feature is located. Notification shall also include all parcels which are located directly
across any public or private right-of-way from the subject parcel. Notification shall be done using the
last known county assessor tax roll. Upon approval by the planning commission of any structure or
architectural feature pursuant to Section 17.48.050(8) of this chapter, the director shall provide written
notice of that decision pursuant to Section 17.80.040 (Hearing Notice and Appeal Procedures) of this
title. Notice of denial shall be given to the applicant. Any interested person may appeal the planning
commission's decision to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this title.
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D. Accessory Structures. Decks, playhouses, detached garages, pools or bathhouses, dressing rooms,
saunas, jacuzzi and pool enclosures, gazebos, flag poles, stand-alone chimneys or any structures or
buildings which are physically detached and incidental to the use of the main building are considered
accessory structures. Such accessory structures shall be limited to twelve feet in height, as measured
from the lowest preconstruction grade adjacent to the foundation wall to the ridge. In cases of
uncertainty, the director shall determine whether a structure is detached and incidental to the use of
the primary structure. The director's decision may be appealed to the planning commission, and the
planning commission's decision may be appealed to the city council pursuant to Chapter 17.80
(Hearing Notice and Appeal Procedures). Upon a finding by the director that a detached garage, stand-
alone chimney, or a flag pole will have no significant impact on views from adjacent properties, the
garage, stand alone chimney or flag pole may be exempted from the twelve -foot height limitation, but
shall comply with any other height limitations of this Code.
(Ord. 481 §§ 12, 13, 2008; Ord. 320 § 7 (part), 1997: Ord. 226 §§ 8, 9, 1988; Ord. 166 §§ 6, 7,
1983; Ord. 150 § 14, 1982; Ord. 119 § 1, 1979; Ord. 90 § 5 (part), 1977; Ord. 78 (part), 1975)
(Ord. No. 529, §§ 12, 13, 11-15-11)
17.48.060 - Extreme slope.
No development or construction of any structure shall be allowed on any extreme slope (grade of thirty-
five percent or greater), except as follows:
A. Trash enclosures, enclosed mechanical equipment or pool equipment located within an area of
less than fifty square feet; provided, that the structures and/or equipment are not located more
than six feet from the top or toe of the slope and are adequately screened from view from adjacent
properties and the public right-of-way to the satisfaction of the director;
B. Structures and improvements allowed pursuant to Section 17.76.060 (Extreme Slope Permit);
C. Satellite dish antennas allowed pursuant to Section 17.76.020 (Antennas);
D. Grading and retaining walls allowed pursuant to Section 17.76.040 (Grading Permit);
E. Fences, walls and hedges allowed pursuant to Section 17.76.030 (Fences, Walls and Hedges);
F. At grade steps or stairs less than six inches in height, as measured from adjacent existing grade;
and
G. Construction of new residences (including habitable and nonhabitable space) on previously
undeveloped, recorded and legally subdivided lots existing as of November 25, 1975 or if within
Eastview, existing as of January 5, 1983, which are not currently zoned open space/hazard, if the
director or planning commission finds that such construction, as conditioned, will not threaten the
public health, safety and welfare, provided that such structures are consistent with the permitted
and uses and development standards for the underlying zoning designations of the lots.
H. Renewable energy systems (photovoltaic and solar water heating) pursuant to Section 17.83.050
(Application Procedures for Renewable Energy Systems (Photovoltaic and Solar Water Heating)).
(Ord. 481 § 14, 2008; Ord. 463 § 11, 2007: Ord. 320 § 7 (part), 1997: Ord. 226 § 10, 1988: Ord.
194 § 9 (part), 1985)
17.48.070 - Intersection visibility.
On corner lots located at the intersection of two or more highways, streets or common driveways or
combinations thereof, in all districts, no fence, wall, hedge, sign, structure, shrubbery, mound of earth or
other visual obstruction over thirty inches in height, as measured from the adjacent street curb elevation,
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shall be erected, placed, planted or allowed to grow within the triangular space referred to as the
"intersection visibility triangle." The intersection visibility triangle shall be the area formed by the intersection
of extended curblines and a line joining points on the curb sixty feet (measured along the curblines) from
the point of intersection of the curbline extensions.
A. In districts where the required front or street -side setbacks allow a building to be constructed within
the intersection visibility triangle, fences, walls, structures or shrubbery may be allowed to exceed the
prescribed height limit, if they are setback from the property line a distance equal to the setback of the
allowed building.
B. Trees located within the intersection visibility triangle which are trimmed to the trunk up to a minimum
branch height of six feet above the adjacent street curb elevation are exempt from these regulations.
C. The intersection visibility triangle shall be shown on all landscaping plans, grading plans and tentative
tract maps for related intersections when required by the director. In cases where an intersection is
located on a vertical curve, a profile of the sight line may also be required by the director. Any
landscape plan submitted shall show the common name, locations and mature dimensions plotted to
scale of all proposed trees, shrubs and plants within the intersection visibility triangle.
D. Proposed improvements or structures which exceed the thirty inches height limit may be permitted in
the intersection visibility triangle by the director through a site plan review application, upon
determination by the director of public works that the location and/or height of the existing or proposed
structure within the intersection visibility triangle allows for the safe view of oncoming traffic by a driver
approaching an intersection, and thus no intersection visibility impacts would result. Upon approval of
any such structure or improvement, the director shall provide written notice of the decision pursuant to
Section 17.80.040 (Notice of Decision by Director) of this title. Notice of denial shall be given to the
applicant. Any interested person may appeal the director's decision to the planning commission
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title, and the planning
commission's decision may be appealed to the city council.
(Amended during 11-97 supplement; Ord. 320 § 7 (part), 1997: Ord. 175 § 18, 1983: Ord. 132 §
3 (part), 1980)
(Ord. No. 540, § 5, 11-20-12)
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