ORD 405 ORDINANCE NO. 405
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 OF THE CITY'S MUNICIPAL CODE REGARDING
THE 16-FOOT HEIGHT LIMITATION FOR RESIDENTIALLY ZONED
PROPERTIES AND CLARIFYING THE FINDINGS REQUIRED FOR
HEIGHT VARIATION AND GRADING PERMIT APPLICATIONS.
WHEREAS, on November 25, 1975, the City's first Municipal Code was adopted
establishing the City's 16-foot height limit and establishing a discretionary review
process for any individuals seeking to construct a residence exceeding 16-feet (Height
Variation Permit process); and,
WHEREAS, in 1979, the Rancho Palos Verdes Municipal Code (the "Municipal
Code") was amended to clarify that the Height Variation Permit process applies to both
new residences and additions to existing residences; and,
WHEREAS, on November 7, 1989, the voters of the City of Rancho Palos
Verdes approved Proposition M (Cooperative Preservation and Restoration Ordinance)
which was incorporated into the Municipal Code; and,
WHEREAS, between 1996 and 1997, the City approved a major update and
overhaul Title 17 (Zoning) of the Municipal Code, which among other things, clarified
how to measure the 16-foot height limit on pad lots; and,
WHEREAS, on February 8, 2003 the City Council held a joint workshop with the
Planning Commission to discuss, among other things, the interpretation of existing
codes and the Height Variation Permit Findings involving the protection of residents'
views from proposed construction. At the meeting, the City Council directed Staff to
bring forward ideas to the Council at a future meeting to clarify or resolve the issues;
and,
WHEREAS, on June 24, 2003, the Planning Commission was asked to review
and provide feedback on the content and format of a draft Staff Report to the City
Council regarding the clarification and interpretation of existing codes and the Height
Variation Permit findings. The Planning Commission continued the discussion and
directed Staff to come back with more information regarding the historical interpretation
and application of the 16-foot height limit and the Height Variation Permit findings; and,
WHEREAS, on July 15, 2003, the City Council, at the request of a Council
member, discussed the issues pertaining to the existing Municipal Code and the Height
Variation Permit findings. At the meeting, the City Council unanimously reaffirmed the
historic interpretation and application of the 16-foot height, measured as set forth in the
Municipal Code based on the type of lot involved, as being a "by-right" height limit for all
residential properties in the City and clarified the interpretation of specific Height
Variation Permit Findings; and,
WHEREAS, at its July 15th meeting, the City Council initiated code amendment
proceedings in order to codify its interpretation and clarification of the 16-foot height limit
and the Height Variation Permit Findings; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
September 23, 2003, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Title 17 of the Municipal
Code as set forth in the Planning Commission Staff Report of that date; and,
WHEREAS, after reviewing the proposed text amendments, the Commission
directed Staff to prepare precise language for consideration at its October 28, 2003
meeting and continued the public hearing; and,
WHEREAS, at its October 28, 2003, the Planning Commission continued the
public hearing, without discussion, and again on November 25, 2003, continued the
hearing to its December 9, 2003 meeting; and,
WHEREAS, on December 11, 2003 the Planning Commission continued the
public hearing proceedings, and reviewed and considered the proposed code
amendments to Title 17, and adopted P.C. Resolution No. 2003-62 forwarding its
recommendations to the City Council for its consideration, and;
WHEREAS, on January 31, 2004, a notice of a public hearing on the 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
February 17, 2004, at which time all interested parties were given the opportunity to be
heard and present evidence. After considering the Planning Commission's
recommendation and public testimony, the Council adopted Urgency Ordinance No.
400U and introduced Ordinance No. 401 that among other things, required a view
analysis for portions above and below 16-feet in height when a Height Variations
application is requested; and
WHEREAS, on March 2, 2004 the City Council was scheduled to adopt the
second reading of Ordinance No. 401 when it was brought to the council's attention that
the Planning Commission had expressed a concern with the application of the new
requirements. Therefore, the Council agreed to continue the discussion to its April 6,
2004 meeting so that the Commission can further review the code language being
considered and provide the Council with additional comments; and
WHEREAS, on March 6, 2004, a notice of a Planning Commission public hearing
on the code amendment was published in the Palos Verdes Peninsula News; and
Ordinance No. 405
Page 2 of 7
WHEREAS, on March 23, 2004, the Planning Commission briefly reviewed the
code amendment language being considered by the Council. Due to time constraints,
the Commission, with a vote of 5-1, recommended that the Council continue its
discussion from April 6, 2004 to a later date to allow the Commission a second
opportunity to further review the proposed code language and provide a more
comprehensive recommendation; and,
WHEREAS, on March 20, 2004, a notice of a City Council public hearing on the
code amendment was published in the Palos Verdes Peninsula News; and
WHEREAS, on April 6, 2004, notwithstanding the Planning Commission's
recommendation, the City Council opened the public hearing. After considering the
comments made by the Planning Commission at its March 23rd meeting, receiving
public testimony, and further discussing the matter, the Council, with a vote of 4-1,
adopted Urgency Ordinance No. 404U, which repealed Urgency Ordinance No. 400U.
Because the Planning Commission already had discussed and considered this issue on
several occasions, the Council directed Staff to come back at its April 20, 2004 meeting
with specific code language that affirms the historic application of the 16-foot height limit
as being a "by-right" height limit for all citywide residential properties; and
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the City Council held a continued duly noticed public
hearing on April 20, 2004, 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 ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Title 17 of the Municipal Code.
Section 2: The amendments to Title 17 of the Municipal Code are consistent
with California Government Code Section 65853, zoning amendment procedures.
Section 3: The City Council finds that the amendments to Title 17 of the
Municipal Code 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 City Council finds that the amendments to Title 17 of the
Municipal Code are substantially the same as previous provisions of the Rancho Palos
Verdes Municipal Code and that the amendments to Title 17 shall be construed as a
restatement and continuation of the previous provisions and as new enactment.
Ordinance No. 405
Page 3 of 7
Section 5: The City Council further finds that there is no substantial evidence
that the amendments to Title 17 of the Municipal Code 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 reaffirm the historic interpretation and application of the 16-foot height
requirement and clarify the Height Variation Findings. An Addendum (No. 10) 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 judgment, that the facts stated
in the Addendum are true because the revisions to Title 17 of the Municipal Code will
not result in greater environmental impacts in the City.
Section 6: The City Council finds that the amendments to Title 17 of the
Municipal Code are necessary to preserve the public health, safety, and general welfare
in the area.
Section 7: The first paragraph of Paragraph B and sub-section (1)(c) of
Paragraph B of Section 17.02.040 of Chapter 17.02 of Title 17 of the Municipal Code is
hereby amended to read as follows, with all remaining portions of Paragraph B of
Section 17.02.040 of Chapter 17.02 of Title 17 of the Municipal Code retained without
amendment:
17.02.040 View Preservation and Restoration.
B. Regulations.
1. Building Height. Any individual or persons desiring to build a new structure or an
addition to an existing structure shall be permitted to build up to sixteen feet in height
pursuant to Section 17.02.040(B) of this Chapter provided there is no grading, as
defined in Section 17.76.040 of this Chapter, to be performed in connection with the
proposed construction, and further provided that no Height Variation is required, and
all applicable residential development standards are or will be met. In cases where
an existing structure is voluntarily demolished or is demolished as a result of an
involuntary event, a Height Variation application will not be required to exceed
sixteen feet in height, provided that the replacement structure will have the same or
less square footage and building height as the existing structure and will be
reconstructed within the building envelope and footprint of the pre-existing structure.
Approval for proposed structures or additions to existing structures exceeding
sixteen feet in height, may be sought through application for a Height Variation
permit, which, if granted pursuant to the procedures contained herein, will permit the
individual to build a structure not exceeding twenty-six feet in height, except as
provided in Section 17.02.040(B)(1)(d) of this chapter, or such lower height as
approved by the city, measured as follows:
Ordinance No. 405
Page 4 of 7
17.02.040(B)(1)(c):
For lots with a "building pad" at street level or at a different level than the street or lot
configurations not previously discussed, the height shall be measured from the pre-
construction (existing) grade at the highest elevation of the existing building pad
area covered by the structure to the ridge line or highest point of the structure, as
illustrated in Figure 3 below. Portions of a structure which extend beyond the
"building pad" area of a lot shall not qualify as the highest elevation covered by the
structure, for the purposes of determining maximum building height. Structures
allowed pursuant to this subsection shall not exceed twenty-feet in height, as
measured from the point where the lowest foundation or slab meets finished grade,
to the ridgeline or highest point of the structure. Otherwise a height variation permit
shall be required.
Section 8: Paragraph C subsection (1)(e) of Section 17.02.040 of Chapter
17.02 of Title 17 of the Municipal Code is hereby amended to read as follows:
C. Procedures and Requirements
1. Preservation of Views Where Structures are Involved
e. A Height Variation application to build a new structure or an addition to an
existing structure either of which exceeds sixteen feet in height up to the
maximum height permitted in Section 17.02.040(B)(1) of this chapter may be
granted, with or without conditions, if the following findings can be made:
i. The applicant has complied with the early neighbor consultation process
established by the city;
ii. The proposed new structure that is above sixteen feet in height or addition to
an existing structure that is above sixteen feet in height does not significantly
impair a view from public property (parks, major thoroughfares, bike ways,
walkways or equestrian trails) which has been identified in the city's general plan
or coastal specific plan, as city-designated viewing areas;
iii.. The proposed new structure is not located on a ridge or a promontory;
iv. The area of a proposed new structure that is above sixteen feet in height or
an addition to an existing structure that is above sixteen feet in height, as defined
in Section 17.02.040(B) of this Chapter, when considered exclusive of existing
foliage, does not significantly impair a view from the viewing area of another
parcel. If the viewing area is located in a structure, the viewing area shall be
located in a portion of a structure which was constructed without a height
variation permit or variance, or which would not have required a height variation
or variance when originally constructed had this section, as approved by the
voters on November 7, 1989, been in effect at the time the structure was
constructed, unless the viewing area located in the portion of the existing
structure which required a height variation permit or variance constitutes the
Ordinance No. 405
Page 5 of 7
primary living area (living room, family room, dining room or kitchen) of the
residence;
v. If view impairment exists from the viewing area of another parcel but it is
determined not to be significant, as described in Finding No. iv, the proposed
new structure that is above sixteen feet in height or addition to an existing
structure that is above sixteen feet in height is designed and situated in such a
manner as to reasonably minimize the impairment of a view;
vi. There is no significant cumulative view impairment caused by granting the
application. Cumulative view impairment shall be determined by: (a) considering
the amount of view impairment that would be caused by the proposed new
structure that is above sixteen feet in height or addition to a structure that is
above sixteen feet in height; and (b) considering the amount of view impairment
that would be caused by the construction on other parcels of similar new
structures or additions that exceed sixteen feet in height;
vii. The proposed structure complies with all other code requirements;
viii. The proposed structure is compatible with the immediate neighborhood
character;
ix. The proposed new structure that is above sixteen feet in height or addition to
an existing structure that is above sixteen feet does not result in an unreasonable
infringement of the privacy of the occupants of abutting residences.
Section 9: Table 02-A: Single-Family Residential Development Standards of
Section 17.02.040 of Chapter 17.02 of Title 17 of the Municipal Code is hereby
amended to delete footnote number 8, which currently reads "8. The front and side
setback for those portions of structures over sixteen feet in height shall be a minimum of
twenty—five feet in all residential zoned districts.", as shown in the amended Table 02-A
attached hereto as Exhibit `B'.
Section 10: Subparagraph 2 of paragraph E of Section 17.76.040 of chapter
17.76 of Title 17 of the Municipal Code is hereby amended to read as follows:
The proposed grading and/or related construction does not significantly adversely affect
the visual relationships with, nor the views from the viewing area of neighboring
properties. In cases where grading is proposed for a new residence or an addition to an
existing residence, this finding shall be satisfied when the proposed grading results in a
lower finished grade under the building footprint such that the height of the proposed
structure, as measured pursuant to Section 17.02.040(B) of this Title, is lower than a
structure that could have been built in the same location on the lot if measured from pre-
construction (existing) grade;
Section 11: 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
Ordinance No. 405
Page 6 of 7
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 12: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications that have not been
finally acted upon as of the effective date of this ordinance.
Section 13: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
City Council of the City of Rancho Palos Verdes hereby adopts the foregoing
amendments to Title 17 of the Municipal Code.
Section 14: The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause the full text of this ordinance to be published as required by
law.
PASSED, APPROVED, and ADOPTED this 5th day of ay 2004.
4.11:7
Mayor
Attest:
91) 1 'A _11
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. 405 passed first reading on April 20, 2004, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
May 5, 2004, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Gardiner
NOES: Long
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 405
Page 7 of 7
ORDINANCE NO. 405 - EXHIBIT A
ADDENDUM NO. 10 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
May 5, 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 not cause impacts
on the environment since the requirements and regulations governing development in
the City would be clarified, thereby minimizing adverse impacts to adjacent properties
and upon the environment.
The City Council is currently considering amendments to Title 17 of the Development
Code, as it pertains to affirming the historical interpretation and application of the 16-
foot height limit and clarifying the Height Variation and Grading Permit findings. 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. 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. 10.
Exhibit "A"
Ordinance No. 405
Page 1 of 1
TABLE 02-A:SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS
For exceptions and explanatory descriptions of these standards and for other development standards that apply to single-family residential areas,see Articles VI and VII of this title.The number which
follows an"RS-"designation indicates the maximum number of lots per acre permitted in the zone;the"RS-A"number indicates the minimum number of acres per lot permitted.
3,6 MINIMUM SETBACKS2'3'6 MAXIMUM
DISTRICT LOT MINIMUM SETBACKS MAXIMUM PARKING
DIMENSIONS' FOR CITY CREATED LOTS FOR LOTS CREATED PRIOR TO LOT HEIGHT3°4'7 REQUIREMENTS
INCORPORATION/ANNEXATION COVERAGE
INTERIOR STREET FRONT INTERIOR STREET REAR less than 5,000 s.f.
AREA WIDTH DEPTH FRONT SIDE SIDE REAR SIDE SIDE of habitable space
=2 enclosed ga-
TTL rage spaces
BOTH ONE
SIDES SIDE 5,000 s.f.or more
RS-A5 5 acres 200 300 20 30 10 20 20 20 5 10 15 6% 16 of habitable space
=3 enclosed ga-
RS-1 1 acre 100 150 20 25 10 20 20 20 5 10 15 25% 16 rage spaces
RS-2 20,000 sf 90 120 20 20 10 20 20 20 5 10 15 40% 16
RS-3 13,000 sf 80 110 20 20 10 20 15 20 5 10 15 45% 16
RS-4 10,000 sf 75 100 20 20 10 20 15 20 5 10 15 50% 16
RS-5 8,000 sf 65 100 20 20 10 20 15 20 5 10 15 52% 16
1. For an existing lot which does not meet these standards,see Chapter 17.84(Nonconformities).
2. Lots of record,existing as of November 25,1975(adoption of this code),or within Eastview and existing as of January 5,1983(annexation),shall use these development standards for minimum
setbacks.
3. For description,clarification and exceptions,see Chapter 17.48(Lots,Setbacks,Open Space Area and Building Height).
4. For a description of height measurement methods and the height variation process,see Section 17.02.040 of this chapter.A height variation application shall be referred directly to the planning
commission for consideration,if any of the following is proposed:
A. Any portion of a structure which exceeds sixteen(16)feet in height extends closer than twenty-five(25)feet from the front or street-side property line.
B. The area of the structure which exceeds sixteen(16)feet in height(second story footprint)exceeds seventy-five percent(75%)of the existing first story footprint area(residence and garage);
and
C. Sixty percent(60%)or more of an existing garage footprint is covered by a structure which exceeds sixteen(16)feet in height(a second story).
D. The portion of a structure that exceeds sixteen feet in height is being developed as part of a new single-family residence;or
E. Based on an initial site visit,the director determines that any portion of a structure which is proposed to exceed sixteen(16)feet in height may significantly impair a view as defined in this
chapter.
5. For parking development standards,see Section 17.02.030(B)of this chapter.
6. A garage with direct access driveway from the street of access shall not be less than twenty feet from the front or street-side property line,which ever is the street of access.
7. Exterior stairs to an upper story are prohibited,unless leading to and/or connected to a common hallway,deck or entry rather than a specific room.
Exhibit "B"
Ordinance No. 405
Page 1 of 1
jill
RANCHO PALOS VERDES
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 10, 2004, she caused to be posted the following document entitled:
Ordinance No. 405 — AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING TITLE 17 OF THE CITY'S MUNICIPAL CODE
REGARDING THE 16-FOOT HEIGHT LIMITATION FOR RESIDENTIALLY
ZONED PROPERTIES AND CLARIFYING THE FINDINGS REQUIRED FOR
HEIGHT VARIATION AND GRADING PERMIT APPLICATIONS, 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.
Cs' 3,s\c5-' -tom" • �.,_
c� 'ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 405-Amendments to 16-ft Height Limitation.doc