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ORD 066 REPEALED BY ORDINANCE 78 11/25/75 ORDINANCE NO. 66 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, PROVIDING FOR CERTAIN HEIGHT LIMITA- TIONS AND AMENDING THE INTERIM ZONING ORDINANCE AND ORDINANCES NUMBER 16, 16U, 42, 51U, 52U AND 52 OF THE CITY OF RANCHO PALOS VERDES, AND AMEND- ING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . The City Council finds that buildings which by virtue of their height or location unreasonably ob- struct the scenic view formerly enjoyed by neighboring land- owners and residents, depress property values, discourage economic development, inhibit public convenience by obstruct- ing the passage of light and air , reduce tax income to the City by reason of lower property valuation, and are detrimental to the public health, safety and welfare. For the reasons stated, the City of Rancho Palos Verdes does hereby enact the following Height Limitation Ordinance whose purpose is to prevent unreasonable obstructions of scenic view by building construction. Section 2. The Interim Zoning Ordinance of the City of Rancho Palos Verdes, being Los Angeles County Ordinance No. 1494 as amended, adopted by reference by Ordinances No. 16 and No. 16U, codified by Ordinance No . 42 and extended by Ordinances No. 51U, 52U and 52 of the City of Rancho Palos Verdes; and said Ordinances No. 16, 16U, 42, 51U, 52U and 52 are hereby amended by adding a new Section 4 . 7 in said Ordinances No. 16, 16U, 51U, 52U and 52 to read a follows: "Section 4 . 7 . Notwithstanding the provisions of Section 1 hereof, adopting said Los Angeles County Ordi- nance No. 1494 by reference as the Interim Zoning Ordi- nance, said Ordinance No. 1494 is amended by amending Section 208 . 5 thereof, entitled, "Zone R-1 - Height Limit" to read: 'Section 208. 5 Zone R-1 - Height Limit. Every residence and every other building in Zone R-1 shall have a height of not to exceed one ( 1 ) story,N or sixteen ( 16 ' ) feet, including the basement, but excluding the cellar , except that if hillsides or other similar topographical con- ditions create practical difficulties or un- necessary hardships in the way of carrying out the strict letter of this Section, and the Direc- tor so finds, the Director may modify this height limit to the extent necessary to limit such prac- tical difficulties or unnecessary hardships. This Section does not apply to conditional permit uses which shall be subject to the provisions of Section 501 .10 . Any individual or person desiring to construct a residence or other building exceeding one ( 1) story or sixteen ( 16 ' ) feet in height may apply for a "special permit" which, if granted pursuant to the procedures contained herein, will permit said individual to construct a two ( 2 ) story house, not exceeding thirty ( 30 ' ) feet in height . For the purpose of measuring height pursuant to this Section, downhill lots shall be measured from the center line of the street, and uphill lots shall be measured from the grade at the highest point on the lot to be covered by the primary structure . A. Any person desiring to apply for a special permit shall complete and fill out an application and submit it to the Director of Planning together with a fifty ( $50. 00 ) dollar fee . The Director of Planning may grant the applicant permission to build a two ( 2) story house of a maximum height of thirty (30 ' ) feet, if the Director finds as follows: 1 . Notice of the application to build a house exceeding one ( 1 ) story or sixteen ( 16 ' ) feet in height has been given to property owners within five hundred ( 500 ' ) feet of the lot. 2 . The proposed structure is compatible with existing structures in the neighborhood. 3 . The second story and/or house is sit- uated in such a manner as to minimize view ob- struction. 4 . The cumulative effect of the proposed structure and existing structures, or future structures of a similar character which could be constructed in the neighborhood will not adversely impact the neighborhood view. 5 . The proposed structure is not located on a ridge or promontory, which would accentuate the impact of a two story structure on the neighborhood view. 6. The structure will not unreasonably interfere with the neighborhood vista. D. In the event the Director of Planning refuses to grant the special permit, or in the event the Director grants a permit and an affected property owner objects to the granting of the special permit, an appeal may be taken to the Planning Advisory Committee . In order for the Planning Advisory Committee to overrule the Director of Planning, it must specifically find, in the case of an appeal by an applicant, that all the conditions listed herein have been met or , in an appeal by a property owner , that the applicant failed to Ordinance No. 66 -2- comply with or meet any of the above listed conditions . C. The decision of the Planning Advisory Committee may be appealed to the City Council , who, in order to grant a special permit, must find that the conditions listed in this article have been met by the applicant. D. In approving a special permit, the Planning Director , Planning Advisory Council, or City Council may make the special permit subject to such conditions as they deem necessary to minimize view obstruction and increase compatibility of the proposed structure with the neighbor- hood. E . Anyone appealing a decision of the Planning Director or Planning Advisory Council, must file a Notice of Appeal together with the sum of twenty-five ($25. 00) dollars to cover costs. ' " Section 3 . The Rancho Palos Verdes Municipal Code is amended by adding Section 9103 in Chapter 1, Article IX to read: "Section 208 . 5 . Zone R-1 - Height Limit. Every residence and every other building in Zone R-1 shall have a height of not to exceed one ( 1) story, or sixteen ( 16 ' ) feet, including the basement, but excluding the cellar , except that if hillsides or other similar topographical conditions create practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Section, and the Director so finds, the Director may modify this height limit to the extent necessary to limit such practical difficulties or unnecessary hardships. This Section does not apply to conditional permit uses which shall be subject to the pro- visions of Section 501. 10 . Any individual or person desiring to construct a residence or other building exceeding one ( 1) story or sixteen ( 16 ' ) feet in height may apply for a "special permit" which, if granted pursuant to the procedures contained herein, will permit said individual to construct a two ( 2) story house, not exceeding thirty ( 30 ' ) feet in height. For the purpose of measuring height pursuant to this Section, downhill lots shall be measured from the center line of the street, and uphill lots shall be measured from the grade at the highest point on the lot to be covered by the primary structure . A. Any person desiring to apply for a special permit shall complete and fill out an application and submit it to the Director of Planning together with a fifty ( $50 . 00 ) dollar fee . The Director of Planning may grant to the applicant permission to build a two ( 2) story house of a maximum height of thirty ( 30 ' ) feet, if the Director finds as follows: 1. Notice of the application to build a house exceeding one ( 1 ) story or sixteen ( 16 ' ) ORDINANCE NO. 66 -3- feet in height has been given to property owners within five hundred ( 500 ' ) feet of the lot. 2 . The proposed structure is compatible with existing structures in the neighborhood. 3 . The second story and/or house is situ- ated in such a manner as to minimize view obstruc- tion. 4 . The cumulative effect of the proposed structure and existing structures, or future structures of a similar character which could be constructed in the neighborhood will not adversely impact the neighborhood view. 5. The proposed structure is not located on a ridge or promontory, which would accentuate the impact of a two story structure on the neighborhood view. 6 . The structure will not unreasonably interfere with the neighborhood vista. B. In the event the Director of Planning refuses to grant the special permit, or in the event the Director grants a permit and an affected property owner objects to the granting of the special permit, an appeal may be taken to the Planning Advisory Committee . In order for the Planning Advisory Committee to overrule the Director of Planning, it must specifically find, in the case of an appeal by an applicant, that all the conditions listed herein have been met or , in an appeal by a property owner , that the applicant failed to comply with or meet any of the above listed conditions . C. The decision of the Planning Advisory Committee may be appealed to the City Council , who, in order to grant a special permit, must find that the conditions listed in this article have been met by the applicant. D. In approving a special permit, the Planning Director , Planning Advisory Council, or City Council may make the special permit subject to such conditions as they deem necessary to minimize view obstruction and increase compatibility of the proposed structure with the neighbor- hood. E. Anyone appealing a decision of the Planning Director. or Planning Advisory Council, must file a Notice of Appeal together with the sum of twenty-five ($25. 00) dollars to cover costs. '" APPROVED AND ADOPTED this 15th day of April 1975 , by the following vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None MAYOR ORDINANCE NO. 66 -4- ATTEST: /0/6L / 4 - , City Cler I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 66 passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 15th day of April , 1975, and that said Ordinance was posted pursuant to law. / City lerk ORDINANCE NO. 66 -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned declares and certifies under penalty of perjury: That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; That on the Z204.4day of a. % .Z' 19 WI' , he caused to be posted in three conspicuous public places, as required by law, _ 6 4 a copy of which is attached hereto, in the following public places in this City: , City Hall 31244 Palos Verdes Drive West Los Angeles County Fire Station 4000 Miraleste Plaza • Ridgecrest Intermediate School ' ' 28915 Northbay Road Dated this 4020,4244day of a.. 6.4.4;er - , 19 741'7 LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL By Deputy