ORD 389 ORDINANCE NO. 389
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
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 December 6, 2002, the Committee
convened, during which time improvements to the City's Neighborhood Compatibility
requirements 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 adopted P.C. Resolution No. 2003-14 forwarding its
recommendations to the City Council for its consideration; and,
WHEREAS, on April 17, 2003, a notice of a public hearing on this code amendment
was published in the Palos Verdes Peninsula News; and
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on
May 6, 2003, at which time all interested parties were given the opportunity to be heard and
present evidence:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapter 17.02 of Title 17 of the Municipal Code.
Section 2: The City Council 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 City Council hereby finds, based on its
own independent review, 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 3: The City Council finds that the amendments to Title 17 are necessary
to preserve the public health, safety, and general welfare in the area.
Section 4: Paragraphs B and D of Section 17.02.030 of Title 17 are hereby
amended to read as follows:
17.02.30 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 the greater of: (i) 750 square
feet of additional floor area, or (ii) a 25% expansion of the total square
footage of all of the original 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. An addition of a deck, balcony or roof deck to a second story or higher
story that is eighty (80) square feet or larger in area 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.
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.
Ordinance No. 389
` Page 2 of 4
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 that 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 exterior stairs, a roof hatch, or
both (or other similar openings);
c. Decks located entirely on the roof of an accessory structure or
detached garage.
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 5: 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 6: 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 this 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 7: 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.
Ordinance No. 389
Page 3 of 4
Section 8: The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 20th • •y o ay 200
' ' 4 ft
May.
Attest:
C '' ,
— Th_.‘ : I __,---/ -/'
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 389 passed first reading on May 6, 2003, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on May 20, 2003,
and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Gardiner, McTaggart and Mayor Pro Tem Ferraro
NOES: None
ABSENT: Mayor Stern
ABSTAIN: None
z_____ D
F`/ /
City Clerk
Ordinance No. 389
Page 4 of 4
ORDINANCE NO. 389 - EXHIBIT "A"
ADDENDUM NO. 7 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
May 20, 2003
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 City Council is currently considering an amendment to Title 17 of the Development
Code, as it pertains to the Neighborhood Compatibility and the Roof Deck requirements.
The proposed amendments clarify the existing Code requirements and provide the
decision makers, Staff and the public with clearer direction on how to process
residential development applications. As such, the City Council has independently
reviewed this item and determined that the proposed amendments will not result in any
new significant environmental effects and will actually reduce impacts upon the
environment. Furthermore, the City Council finds that the amendments are 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, no further environmental review is necessary other than the
adoption of this Addendum No. 7.
Exhibit "A"
Ordinance No. 389
Page 1 of 1
Ali
RANCHO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on May 27, 2003, she caused to be posted the following document entitled:
Ordinance No. 389 —Amending 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, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
I . /
r if 2 /AL
//
City Clerk
W:\Ordinances\affidavits\Ordinance 389-Neighborhood Compatibility.doc