ORD 529 ORDINANCE NO. 529
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
IMPLEMENTING VARIOUS MISCELLANEOUS "CLEAN-UP"
AMENDMENTS TO TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL
CODE (PLANNING CASE NO. ZON2011-00023).
WHEREAS, on July 15, 2011, the City Council authorized the initiation of a Code
Amendment to implement a number of miscellaneous code amendments to Title 17 of the
City's Municipal Code in order to clarify ambiguous language, remove language
discrepancies, and codify existing policies and procedures and/or application requirements;
and,
WHEREAS, on August 1, 2011, a 1/8 page Public Notice was published in the
Peninsula News, advertising a duly noticed public hearing before the Planning Commission
regarding the proposed "clean-up" code amendments. Staff did not receive any public
comments as a result of the public notice; and,
WHEREAS, on August 23, 2011, the Planning Commission reviewed the list of
Staffs proposed "clean-up" code amendments that were arranged by 17 topics, provided
Staff with its feedback on all the proposed amendments, which included deleting some
amendments, modifying the proposed code language of some amendments and requesting
further review by the City Attorney on some amendments, and continued the public hearing
to September 27, 2011; and,
WHEREAS, on September 27, 2011, the Planning Commission adopted P.C.
Resolution No. 2011-32, thereby recommending to the City Council the adoption of an
ordinance to amend miscellaneous "clean-up" code changes to Title 17 (Zoning) of the
City's Municipal Code; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code Regulations, Title 14, Section 1500 et seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City determined that there is no substantial evidence that the approval of
Planning Case No. ZON2011-00023 would result in a significant adverse effect on the
environment. Accordingly, Addendum No. 2 to the Negative Declaration, which was
prepared in conjunction with the adoption of Ordinance No. 510, has been was prepared
and is attached to this Ordinance; and,
WHEREAS, after notice was issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on November 1, 2011,
at which time all interested parties were given an opportunity to be heard and present
evidence regarding the proposed miscellaneous "clean-up" code amendments, as set forth
in the City Council Staff Report of that date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has independently reviewed and considered
Addendum No. 2 to the Negative Declaration that was prepared in conjunction with the
adoption of Ordinance No. 510, in connection with the miscellaneous "clean-up" code
amendments that are incorporated within this ordinance. The City Council hereby finds that
none of the proposed code amendments would have a significant adverse effect on the
environment and, therefore, finds that the proposed amendments will not introduce new
significant environmental effects that were not already analyzed in the certified Negative
Declaration. Additionally, the project does not include changed circumstances or new
information, which were not known at the time the Negative Declaration was certified, that
would require the preparation of a subsequent environmental analysis pursuant to the State
CEQA Guidelines. Accordingly, Addendum #2 (Exhibit `A'); to the Negative Declaration is
hereby certified as having been prepared in compliance with the provisions of the California
Environmental Quality Act and is hereby adopted.
Section 2: The City Council has reviewed and considered the amendments to
Title 17 (Zoning) of the City's Municipal Code.
Section 3: The City Council finds that the amendments to Title 17 of the
Municipal Code are consistent with California Government Code Section 65853, zoning
amendment procedures.
Section 4: The City Council 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.
Section 5: 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 6: Chapter 17.02 of Title 17 of the Rancho Palos Verdes Municipal Code
is hereby amended by adding new Section 17.02.035 there to to read as follows (the
underlined text represents new language):
17.02.035. Application requirement. Applications that involve the construction of a
new single-family residence shall include a geology report determining that the
project is geologically feasible. The City Geologist shall review and approve said
report prior to the application for said project being deemed complete for processing.
Section 7: Section 17.70.020.D of Chapter 17.70 of the Rancho Palos Verdes
Municipal Code is hereby amended by amending Paragraph 17 and adding new Paragraph
18 thereto to read as follows (the underlined text represents new language and the
strikethrough text represents deleted language):
17. • .
17. Applications that involve the construction of a new single-family residence
shall include a geology report determining that the project is geologically
feasible. The City Geologist shall review and approve said report prior to the
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Page 2 of 14
application for said project being deemed complete for processing.
18. Such other data as may be required by the director to assist in review of the
plan.
Section 8: Section 17.76.040.D.2 of Chapter 17.70 of the Rancho Palos Verdes
Municipal Code Title 17 is hereby amended to add new paragraph h thereto to read as
follows (the underlined text represents new language):
h. Applications which involve the construction of a new single-family residence shall
include a geology report determining that the project is geologically feasible. The
City Geologist shall review and approve said report prior to the application for
said project being deemed complete for processing.
Section 9: The title of Section 17.02.030.D and Paragraph 4 of Section
17.02.030.D of Chapter 17.02 of Title 17 of the Rancho Palos Verdes Municipal Code are
hereby amended to read as follows (the underlined,text represents new language):
D. Roof Decks and Balconies
4. The following standards shall apply to all permitted roof decks and balconies:
a. A roof deck or balcony shall not create an unreasonable infringement of
privacy, as defined by the height variation findings discussed in Section
17.02.040(C)(1)(e)(ix) of the occupants of abutting residences.
b. Roof Decks and balconies which are solely accessed by exterior stairs, a
roof hatch, or both (or other similar openings); and
c. Roof Decks and balconies located entirely on the roof of an accessory
structure or detached garage.
Section 10: Section 17.08.030.H of Chapter 17.08 of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows (the underlined text represents new
language and the ' text represents deleted language):
H. W ith the exception of one "home occupation employee," as defined in Chapter
17.96, there shall be no employment of help other than individuals residing at the
subject residence. A • e • • - - •• - - - - - - • • • • - -- • - •e -- - - - - - - - -
The home occupation employee shall park on-site.
Section 11: Paragraph c of Section 17.48.030.C.2 of Chapter 17.48 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the
underlined text represents new language and the text represents deleted
language):
c. Unless alternate setbacks are approved by the Building Official, when the
grade of the slope between the top and toe of said 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, than then the following hillside setbacks shall apply:
Ordinance No. 529
Page 3 of 14
i. 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
ii. 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.
Section 12: Paragraph 3 of Section 17.48.050.A of Chapter 17.48 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethrough text represents deleted language):
3. 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 Districts). Chimneys, attached to the main residence or to
an accessory structure, which can be safely erected and maintained at a
height wh4G14 that exceeds the maximum ridgeline of a reside ce the structure
to which it is attached, may be approved by the director, provided that they do
not exceed the minimum height pursuant to the requirements of the building
code as determined by the Building Official.
Section 13: Paragraph D of Section 17.48.050 of Chapter 17.48 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethro ugh text represents deleted language):
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.
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Section 14: Paragraph D of Section 17.50.030 of Chapter 17.50 of Title 17 of the
Rancho Palos Verdes Municipal Code of Title 17 is hereby amended to read as follows (the
underlined text represents new language and the strikethrough text represents deleted
language):
D. The planning commission may reduce parking requirements for common
parking facilities e - = = — - =— -- - in shopping centers or other
commercial areas where a parking lot with common access and joint use
is provided, if a parking demand study that justifies any proposed
deviation from the parking requirements listed under Table 50-A for this
Chapter is submitted and approved by the City.
Section 15: Section 17.66.020.B of Chapter 17.66 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended by deleting paragraph 3 (the text
represents deleted language):
B. A reduction of any setback and open space requirement contained in this title
by twenty percent or less. However, a minor exception permit shall not be
granted to reduce the setback and open space requirements for the following:
1. New direct access garages or the conversion of existing indirect access
garages to direct access garages which encroach into the required front
or street-side setback,
2. A structural addition or modification to an existing structure that has been
approved through a discretionary permit by the planning commission or
city council within two years of the proposed addition and/or modification.,
3. An existing structure, the construction of wth has been initiated or
Section 16: Section 17.72.050 of Chapter 17.72 of Title 17 the Rancho Palos
Verdes Municipal Code is hereby amended by adding new paragraph L thereto to read as
follows (the underlined text represents new language):
L. The filling an existing swimming pool/spa with dirt.
Section 17: Section 17.02.020 of Chapter 17.02 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended by amending paragraph E thereof to read as
follows (the underlined text represents new language):
E. The keeping of animals that are household pets, as
defined in Section 17.96.945 (Definitions) and small domestic animals for
noncommercial purposes. Animals that are not household pets may be
permitted pursuant to approval of an Exotic Animal Permit;
Section 18: Paragraph A of Section 17.76.110 of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the text represents deleted language):
A. Purpose. The exotic animal permit is established to permit the keeping of
Ordinance No. 529
Page 5 of 14
animals that are not household pets, as defined in Section 17.96.945
(Definitions) - •
Section 19: Chapter 17.96 of Title 17 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 17.96.945 thereto to read as follows (the
underlined text represents new language):
17.96.945 Household Pets
"Household Pet" means dogs, cats and other domesticated species that are
customarily kept as part of a residential use, as determined by the Director.
"Household Pet" does not include a Large Domestic Animal, as defined in Section
17.96.080. The Director shall keep a list of animals she/he determines to be
"Household Pets" and make this list available to the public.
Section 20: The first paragraph of Section 17.76.115.A.2.a of Chapter 17.76 of
Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows
(the underlined text represents new language and the strike+"rough text represents deleted
language):
2. Application
a. Written application shall be filed with the director. The applicant shall be
the owner of the land on which the animals will be kept. No application
shall be accepted if final action has been taken on an application
requesting the same or substantially the same permit within the previous
twelve months, unless the previous application is denied without prejudice
by the director, or on appeal by the planning commission equestrian
commit+ a or city council. An application to the director, for a large
domestic animal permit shall be executed under the penalty or perjury and
shall contain the following information:
[The remainder of paragraph A 2 a (including paragraphs i-ix) is
unchanged.]
Section 21: Paragraph 5 of Section 17.76.115.A of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the trikethro ugh text represents deleted language):
5. Notice of Decision. The notice of decision of a large domestic animal permit
shall be given by the director to the applicant any interested person, pursuant
to Section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Any
interested person may appeal the director's decision to the planning
commission equestrian committee, and the planning commission's
committee's decision to the city council pursuant to Section 17.80.070
(Hearing Notice and Appeal Procedures) of this title.
Section 22. Paragraph 6 of Section 17.76.115.A of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph a thereof
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to read as follows (the underlined text represents new language and the sfriLe4hmu0 text
represents deleted language):
a. Each large domestic animal permit shall continue in perpetuity unless a
different time period is specified by the director, or on appeal by the
planning commission or city council. The permit
may be terminated upon the occurrence of the following:
i. The subject lot or parcel is subdivided, reduced in size or is
combined with one or more other lots or parcels; or
ii. A violation of any of the conditions upon which the permit was
granted.
Section 23: Paragraph 1 of Section 17.76.115.B of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the text represents deleted language):
1. Purpose. Except as noted below, a conditional large domestic animal permit
may be issued by the planning commission described
pursuant to the provisions of in Section 17.46.070 (Equestfian-OveFlay-(Q)
Distfict)-of this title or by the city council to allow:
a. The following animal keeping in an equestrian overlay (Q) district;
provided, the planning commission or city council
determines that the findings described in Section 17.76.115.B.3 can be
made:
c. The keeping of one to six large domestic animals on a vacant
lot or parcel that is not contiguous to a developed lot or parcel
that is under the same ownership or control as the vacant lot
or parcel;
d. The keeping or maintaining of more than six large domestic
animals on any developed or vacant lot or parcel;
e. The keeping of one or more cows on a vacant or developed lot
or parcel;
f. The operation of an equestrian facility or program by a
registered nonprofit 501(c)(3) corporation which provides a
benefit to youth or the physically or mentally challenged or has
a similar philanthropic purpose that is directly related to and
advanced by the proposed equestrian program or facility;
however the planning commission's equestrian committee's
action regarding such applications shall be advisory only, and
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Page 7 of 14
the final action on such applications shall be taken by the city
council;
g. Variations from the terms and requirements of Chapter 17.46
(Equestrian Overlay District) of this title by the keeper of the
animals, including, but not limited to:
(A.) The minimum lot or parcel size required to
maintain large domestic animals;
(B.) The dimensions or locations of fences,
enclosures, corrals, barns and other structures;
except, that the thirty-five foot minimum
setback to habitable structures set forth in
Section 17.46.060(A)(1) of this title, cannot be
reduced;
(C.) The screening requirements;
(D.) The animal waste control requirements, and
(E.) For registered nonprofit 501(c)(3) corporations
only, the following additional variations may be
requested:
(1) An increase in the allowable number of
animals to be kept or boarded on a lot or
parcel, provided that the other requirements
of this chapter are adhered to,
(2) The operation of an active outdoor
recreational facility or program which
provides a benefit to youth or the physically
or mentally challenged or has a similar
philanthropic purpose, provided that it does
not result in significant adverse effects upon
other properties in the vicinity of the site,
and
(3) Alternatives to the requirement for
impermeable paving of off-street parking
areas, provided they do not result in
significant adverse effects upon drainage
and/or soil stability.
Ordinance No. 529
Page 8 of 14
b. The keeping of one or more large domestic animals on lots or parcels
not located within an equestrian overlay (Q) district.
Section 24: The first paragraph (only) of Section 17.76.115.B.2.a of Chapter 17.76
of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows (the underlined text represents new language and the strikethrough text represents
deleted language):
a. Written applications shall be filed with the director. The applicant may be
either the owner of the land on which the animals will be kept or a lessee,
registered nonprofit 501(c)(3) corporation or other party, as authorized in
writing by the owner of the land. In the case of applications for the operation
of an equestrian facility or program by a registered nonprofit 501(c)(3)
corporation, the applicant must be the nonprofit corporation with the consent
of the property owner if different from the nonprofit corporation. No application
shall be accepted if final action has been taken on an application requesting
the same or substantially the same permit within the previous twelve months,
unless the previous application is denied without prejudice by the planning
commission or on appeal by the city council. An
application to the planning commission or city council
for a conditional large domestic animal permit shall be executed under
penalty of perjury and shall contain the following information:
[The additional paragraphs of Section 17.76.115 B.2 remain unchanged.]
Section 25: Paragraph b of Section 17.76.115.6.2 of Chapter 17.76 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the
underlined text represents new language and the strikethrough text represents deleted
language):
b. The director shall mail a notice to all property owners shown on the
application. The notice shall state the location of the subject property; the
intent of the application; the date, time and place of the hearing before the
planning commission or city council; and the recipient's
right to oppose the permit before the planning commission equestfian
committee or city council. All opposition to the permit must be submitted in
writing to the director within ten working days after the mailing of such notice.
Section 26: The first paragraph of Section 17.76.115.6.3 of Chapter 17.76 of Title
17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the
underlined text represents new language and the strikethrough text represents deleted
language):
3. Findings. The planning commission or city council shall
approve an application for a conditional large domestic animal permit, where
the information presented by the applicant substantiates the following
findings:
Ordinance No. 529
Page 9 of 14
[The other paragraphs of paragraph 3 remain unchanged.]
Section 27: Paragraph 4 of Section 17.76.115.B of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethrough text represents deleted language):
4. Planning Commission Equestrian Committee or City Council Action.
a. The planning commission or city council may
impose such conditions on permits as are deemed necessary to ensure
that animals will be maintained in accordance with the provisions of this
chapter. Such conditions shall include, but are not limited to, an increase
in the setbacks between animal keeping areas and adjacent residential
structures, additional parking requirements, additional screening
requirements, additional waste control requirements and reasonable
limitations upon the days, hours and other operating characteristics of
any nonprofit equestrian facility or program, including the number,
placement and screening of self-contained chemical toilets for the use of
program participants.
b. The planning commission or city council shall deny
the application where the information presented by the applicant fails to
substantiate the required findings set forth in subsection (B)(3) of this
section to the satisfaction of the planning commission committee or city
council.
Section 28: Paragraph 5 of Section 17.76.115.B of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethrough text represents deleted language):
5. Notice of Decision. The notice of decision of a conditional large domestic
animal permit shall be given by the director the applicant and any interested
person, pursuant to Section 17.80.040 (Hearing Notice and Appeal
Procedures) of this title. Any interested person may appeal the planning
commission's equestrian committee's decision to the city council pursuant to
Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title.
Section 29: Paragraph a of Section 17.76.115.B.6 of Chapter 17.76 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the
underlined text represents new language and the strikethrough text represents deleted
language):
a. Each conditional large domestic animal permit shall continue in perpetuity,
unless a different time period is specified by the planning commission
equestrian committee, or on appeal by the city council, or pursuant to
subsection (B)(6)(b) of this section; or unless the permit allows the keeping or
maintaining of large domestic animals, in which case the permit shall
terminate when the lot(s) or parcel(s) is/are sold or transferred. For purposes
of this subsection (B)(6), change of ownership shall not include inter-spousal
transfers in cases of divorce or inheritance by a spouse or child.
Ordinance No. 529
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Section 30: Paragraph iii of Section 17.76.115.B.6.b of Chapter 17.76 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the
underlined text represents new language and the text represents deleted
language):
iii. The request to transfer the permit shall be reviewed by the planning
commission and the city council as a revision to the
existing conditional large domestic animal permit, pursuant to the required
findings and public hearing and notification requirements specified under
subsections (B)(3), (4) and (5) of this section.
Section 31: Section 17.46.070 of Chapter of 17.46 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (the underlined text
represents new language and the strikethrough text represents deleted language):
A. Purpose. The Planning Commission has taken on the duties of the Equestrian
Committee. In discharging its duties under this chapter, the Planning
Commission - == - = - - -= - - -= •• ••.' -- shall is to advise the director,
city council on technical matters pertaining to the
implementation and enforcement of this chapter, to assist with the resolution of
disputes regarding the keeping of large domestic animals, to discourage the
boarding of more than four horses and other large domestic animals, and to
consider conditional large domestic animal permit applications in accordance
with the terms and requirements of this chapter and the procedures described in
Section 17.76.115 (Large domestic animal permits) of this title.
B. g Authority. The Planning Commission shall have the
authority to:
1. Issue conditional large domestic animal permits in accordance with the
provisions of this chapter, pursuant to the procedures described in Section
17.76.115 (Large domestic animal permits) of this title;
2. Suspend or revoke large domestic animal permits or conditional large
domestic animal permits pursuant to the procedures described in Section
17.86.060 (Suspension or revocation of permits) of this title; and
3. Initiate proceedings for abatement of public nuisances described in
Section 8.24.080 of this Municipal Code to remove large domestic animals
from private property, or abate any other nuisance identified by the
equestrian committee as being out of compliance with the requirements of
this chapter.
C. . . Appeal. The decisions of the Planning Commission may
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Page 11 of 14
be appealed to the city council pursuant to the provisions described in Chapter
17.80 (Hearing Notice and Appeal Procedures) of this title.
E. In the event the workload of the equestrian committee declines to an amount
Section 32: Paragraph 3 of Section 17.76.120.D of Chapter 17.76 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethrough text represents deleted language):
3. Location. If a video game arcade constitutes the primary use on a lot or
parcel panel, said video game arcade shall be located a minimum of one
hundred feet from any residential or institutional building, other than
residential or institutional accessory buildings that are not designed for
occupancy such as storage sheds or detached garages.
Section 33: Paragraph 2 of Section 17.84.060.A of Chapter 17.84 of Title 17 of the
Rancho Palos Verdes Municipal Code is hereby amended to read as follows (the underlined
text represents new language and the strikethrough text represents deleted language):
2. Residential buildings and any attached or detached accessory structures located
in any zoning district which are damaged or destroyed due to an involuntary act,
or due to a voluntary act against the structure(s) which is not the fault of the
property owner may be replaced, repaired or restored to original condition;
provided, that such construction is limited to the same maximum height, square
footage, number of pre-existing and legally permitted dwelling units and detached
accessory structures, and are located in the same and-general location on the
property. Upon application to the director, structures may be expanded to
conform to the setbacks listed in Section 17.84.060(A)(1) of this chapter.
Section 34: Section 17.86.080 of Chapter 17.86 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (the underlined text
represents new language):
The fees and charges made pursuant to Title 16 and Title 17 of this Code and other
policies of the city shall be doubled, when work requiring a permit has been started
or carried on prior to obtaining said permit or if said permit is allowed to expire or is
withdrawn by the applicant. A nonrefundable penalty fee, as established pursuant to
city council resolution, shall be charged for applications for which the fees are based
on deposits against charges. If a property owner can demonstrate to the satisfaction
of the director that an unpermitted structure which is the subject of an after-the-fact
application was constructed prior to the current property owner taking title to the
property and was not disclosed by the previous property owners, then the penalty
fees may be waived by the director.
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Section 35: Section 17.76.020.A.11 of Chapter 17.76 of Title 17 of the Rancho
Palos Verdes Municipal Code is hereby amended by adding new paragraphs i and j thereto
to read as follows (the underlined text represents new language):
i. For all commercial antenna and/or monopole applications, a
photographic simulation of the project shall be submitted concurrently
with the application. Said application will not be deemed complete until
the applicant has submitted said photographic simulation;
L For all commercial antenna and/or monopole applications, a mock-up
structure shall be erected and maintained at the proposed location by
the applicant between the time of notice and until the time a final
decision is rendered.
Section 36: Section 17.96.2050 of Chapter 17.96 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (the underlined text
represents new language and the strikethfough text represents deleted language):
"Accessory structure" means a structure or part of a structure not exceeding twelve
feet in height, which is physically detached from the main building on the lot and the
use of which is incidental to that of the main building or use on the same lot. Where
part of the main building. A structure that is incorporated within the continuous
roofline of the primary structure is part of the primary structure and is not considered
an accessory structure.,
Section 37: Section 17.96.1990 of Chapter 17.96 of Title 17 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (the underlined, text
represents new language and the strikethrough text represents deleted language):
"Story" means a space in a building between the surface of any floor and the surface
of the floor next above, or if there is no floor above, then the space between such
floor and the ceiling or roof above. For the purposes of this definition, "space in a
building" includes the space between the floor and the ceiling of a carport.
Section 38: The diagram, entitled Coastal Zone Diagram, which is attached hereto
as Exhibit "B" and incorporated herein by this reference is hereby inserted into Chapter
17.72 of the Rancho Palos Verdes Municipal Code.
Section 39: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all applications that are filed after the effective date
this ordinance.
Section 40: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The
City Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
Ordinance No. 529
Page 13 of 14
the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section 41: The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further certify to
the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of the
Council of this City of Rancho Palos Verdes.
Section 42: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED and ADOPTED this 15th day of November 2011.
Mayor
ATTEST:
(fiIat--C777
ttalcd.(
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole numbers of the City Council of said City is five; that the foregoing Ordinance
No. 529 passed first reading on November 1, 2011, was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on November 15, 2011, and that
the same was passed and adopted by the following vote:
AYES: Campbell, Stern, Wolowicz and Mayor Long
NOES: None
ABSENT: Misetich
ABSTAIN: None
iiLa
City Clerk
Ordinance No. 529
Page 14 of 14
ORDINANCE NO. 529
EXHIBIT "A"
(Addendum No. 2 to Negative Declaration)
Project Background: On June 1, 2010, the City Council adopted Resolution No.
2010-43, thereby adopting a Negative Declaration for miscellaneous amendments to
Title 17 of the City's Municipal Code to enact the Residential Development
Standards Steering Committee Code Amendment and Zone Change (Ordinance No.
510). Prior to its adoption, the Negative Declaration was circulated for public
comment from April 1, 2010, through May 1, 2010. In adopting the Negative
Declaration, the City Council found that: 1) the Negative Declaration was prepared in
the manner required by law and that there was no substantial evidence that, with
appropriate mitigation measures, the approval of the Residential Development
Standards Steering Committee Code Amendment and Zone Change (Case No.
ZON2007-00377) would result in a significant adverse effect upon the environment;
and 2) that the Residential Development Standards Steering Committee Code
Amendment and Zone Change were consistent with the Rancho Palos Verdes
General Plan and with the Coastal Specific Plan. In addition, on September 21,
2010, the City Council adopted Ordinance No. 513U, thereby approving Addendum
No. 1 to the certified ND, to make minor changes to Chapter 17.38 of the
Development Code to correct the omission of Specific Plan District VII, and to
change the designation of specific plan districts from numbered to descriptive titles.
Proposed Amendments: The City Council is currently reviewing further
amendments to Title 17 (Zoning) that would clarify code language, remove code
language discrepancies, and codify existing policy procedures and/or application
requirements. The proposed amendments are as follows:
• Clarify when Geology Reports are required to be submitted as part of the
planning review process
• Extend the current Privacy Finding that applies to Roof Decks to include
Balconies
• Clarify that Home Occupation parking is required on-site
• Make the Hillside Setback Requirements in the Development Code
consistent with the latest version of the California Building Code
• Establish a maximum height for chimneys attached to a primary structure
to not exceed the minimum requirements of the California Building Code
• Clarify that the maximum height of a stand-alone chimney (not attached to
a primary structure) is 12 feet, similar to other accessory structures
• Establish a requirement that a Parking Demand Study be required to
justify any deviation from the Development Code's parking requirements
• Allow Minor Exception Permits to be issued for after-the-fact construction,
instead of a Variance Permit
• Insertion of a diagram delineating the Coastal Setback Zone, Coastal
Structure Setback Zone, Coastal Setback Line and Coastal Structure
Setback Line that corresponds with the code language describing each
zone
Ordinance No. 529
Exhibit A
Page 1 of 3
• Allow the filling of swimming pools to be exempted from a Coastal Permit,
unless the swimming pool is located within the Coastal Setback Zone
• Clarify that an Exotic Animal Permit is needed when an animal not
identified as a `household pet' is sought to be kept at a residential property
• Add a definition of`household pet'
• Change all references referring to the Equestrian Committee to the
Planning Commission due to the fact that the Equestrian Committee no
longer exists
• Correct a spelling error under the Arcade Permit provisions
• Clarify that non-conforming multi-family structures that are
damaged/destroyed due to an involuntary act may be replaced with the
same number of pre-existing, legal dwelling units
• Codify the language from the City's current fee schedule that allows the
waiver of Penalty Fees for certain after-the-fact construction
• Codify the requirement for photographic simulations and mock-up
structures for Commercial Antenna applications
• Clarify the definition of an `accessory structure'
• Clarify the definition of`story'
Purpose: This Addendum to the previously-certified Negative Declaration is being
prepared pursuant to Section 15164 of the California Environmental Quality Act
(CEQA) Guidelines which allows for the lead agency to prepare an addendum to an
adopted Negative Declaration if only minor technical changes or additions are
necessary or none of the conditions described in Section 15162 calling for the
preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to
CEQA Section 15162, no subsequent Negative Declaration shall be prepared for the
project unless the lead agency determines, on the basis of substantial evidence in
light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project that will required major
revisions of the previous Negative Declaration due to the involvement of new,
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will required major revisions of the previous
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity or previously identified
significant effects; or,
3. New information of substantial importance identifies one or more significant
effects not discussed in the previous Negative Declaration, significant effects
previously examined will be substantially more severe than shown in the
previous Negative Declaration, mitigation measures or alternative previously
found not to be feasible or not analyzed in the Negative Declaration would be
feasible and would substantially reduce one or more significant effects but the
project proponents decline to adopt a measure or alternative.
Ordinance No. 529
Exhibit A
Page 2 of 3
Findings Regarding the Proposed Project Revisions:
Staff analyzed the proposed revisions to determine if any impacts would result from
the proposed miscellaneous "clean-up" code amendments to the language of Title
17 (Zoning) of the Municipal Code. The City Council has independently reviewed this
item and has determined that, pursuant to CEQA Guidelines Section 15162, a new
Negative Declaration is not required for this revision because the proposed
amendments will not result in any new significant environmental effects:
1. The proposed revisions do not result in any new significant environmental
effects and, like Ordinance No. 510 and 513U, no significant impacts have
been identified. The revision to Title 17 (Zoning) do not present new
significant environmental impacts because they merely correct minor
discrepancies, modify or clarify certain requirements, or codify policy
procedures and/or application requirements. Therefore, the proposed
revisions do not represent a substantial change in the project, and will not
result in new significant environmental impacts or a substantial increase in
the severity of any impacts.
2. The proposed revisions will not result in any significant environmental
impacts, and the circumstances under which the project is being undertaken
have not substantially changed since the CEQA determination was made for
Ordinance No. 510. The scope of the proposed revisions relate to minor
modifications that clarify code language discrepancies and/or codify policies
and procedures that are currently in place. There are no changes with respect
to the circumstances under which the revisions are undertaken that will
require major revisions of the previous Negative Declaration.
3. No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the prior Negative Declaration was adopted, identifies a significant
environmental effect. Because the proposed revisions would not result in any
new or more severe environmental impacts than those associated with
Ordinance No. 510, there is no need for new or substantially modified
mitigation measures.
Therefore, pursuant to CEQA, the City Council finds that no further environmental
review is necessary other than the City Council's adoption of this Addendum No. 2.
Ordinance No. 529
Exhibit A
Page 3 of 3
COASTAL ZONE DIAGRAM
" This diagram represents the local ons of the Coastal Setback Zone,Coastal. tback tine,Coastal Structure Setback Zone and Coastal
Structure Setback ire within the City's entire Coastal Zone as they relate to Palos Verdes Drive South and the Pacific Ocean.
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(251-0"set back from C oasta I Setback Line) (Area between the Coastal Structure Area seaward of the Coastal Setback Line
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Setback Line and the Coastal Setback Line)
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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 November 16, 2011, she caused to be posted the following document
entitled: ORDINANCE NO. 529 AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES IMPLEMENTING VARIOUS MISCELLANEOUS "CLEAN-
UP" AMENDMENTS TO TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL
CODE (PLANNING CASE NO. ZON2011-00023), 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
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
angt:-777t1A-ea.A
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)Form 150-Affidavit of Posting Ordinance No.529.doc