CC RES 2003-028RESOLUTION NO. 2003-28
A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES
AMENDING THE CITY'S HEIGHT VARIATION GUIDELINES AS
THEY PERTAIN TO THE AMENDED NEIGHBORHOOD
COMPATIBILITY REQUIREMENTS.
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, as well as revisions to the procedural
requirements, 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 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 May 6, 2003, at which time all interested parties were given the
opportunity to be heard and present evidence; and
WHEREAS, after receiving public testimony at the public hearing, on May
61 2003, the City Council adopted Ordinance No. 389 amending Chapter 17.02 of
Title 17 of the Municipal Code as it pertains to the Neighborhood Compatibility
requirements; and
WHEREAS, in the adoption of Ordinance No. 389, the City Council further
found 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. As such, an Addendum (No. 7)
to the prior Negative Declaration was prepared and attached as Exhibit `A' to
Ordinance No. 389. 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The City Council finds that the Height Variation Guidelines,
as set forth 'in Exhibit `A' hereto, shall be amended to reflect the new
Neighborhood Compatibility requirements adopted under Ordinance No. 389.
Section 2: The City Council finds that the amendments to the Height
Variation Guidelines, as set forth in Exhibit `A' attached hereto, results in
substantially the same intent as the document adopted by the City Council on
June 3, 1996, which was developed in response to the November 17, 1989 voter
approval of Proposition M.
Section 3: The amendments to the Height Variation Guidelines shall
apply to all development applications submitted after the effective date of the
adoption of Ordinance No. 389 and to all development applications that have not
been deemed complete prior to the effective date of the adoption of Ordinance
No. 389.
Resolution No. 2003 -28
Page 2of3
PASSED, APPROVED and ADOPTED thi y of May 003.
Ma
Attest:
f ,
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 above Resolution No. 2003 -28 was duly and regularly
passed and adopted by the said City Council at regular meeting thereof held on
May 6, 2003.
1 r'
t
City Clerk
Resolution No. 2003 -28
Page 3of3
GUIDELINES AND PROCEDURES
FOR
PRESERVATION OF VIEWS WHERE
STRUCTURES ARE INVOLVED
(HEIGHT VARIATION PERMITS)
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CITY O RANCHO PALOS VERDES
ADOPTED ON AUGUST 23, 1993
AMENDED ON DECEMBER 6, 1996 AND MAY 6, 2003
TABLE OF CONTENTS
Page
I. PURPOSE 1
II. DEFINITIONS 1
III. ESTABLISHING THE VIEW AREA 2
IV. EARLY NEIGHBOR CONSULTATION 4
V. TEMPORARY SILHOUETTE FRAME 5
VI. BUILDING HEIGHT 7
VII. SETBACKS FOR SLOPING LOTS 9
VIII. CRITERIA FOR REVIEW 10
IX. MANDATORY FINDINGS 10
X. HEIGHT VARIATION PROCEDURES 14
XI. REMOVAL OF FOLIAGE AS CONDITION OF PERMIT ISSUANCE 16
ATTACHMENTS
Acknowledgement of Early Neighbor Consultation Form
Silhouette Construction Criteria
Height Variation Guidelines
May 6, 2003
I. PURPOSE
The intent of this document is to provide guidelines and procedures for
protecting views which may be impaired by development of new residential structures or
additions to existing residential structures. As specified in Proposition M, which was
passed by the voters of Rancho Palos Verdes and became effective on November 17,
1989, the purposes for the regulations are to:
a. Protect, enhance and perpetuate views available to property
owners and visitors because of the unique topographical features of the Palos Verdes
Peninsula. These views provide unique and irreplaceable assets to the City and its
neighboring communities and provide for this and future generations examples of the
unique physical surroundings which are characteristic of the City.
b. Define and protect finite visual resources by establishing limits
which construction and plant growth can attain before encroaching onto a view.
c. Insure that the development of each parcel of land or additions to
residences or structures occur in a manner which is harmonious and maintains
neighborhood compatibility and the character of contiguous subcommunity development
in the General Plan.
d. Require the pruning of dense foliage or tree growth which alone, or
in conjunction with construction, exceeds defined limits.
These guidelines and procedures apply to any person proposing to
construct a residential structure above sixteen feet in height, except that paragraph H of
Section 2 - Removal of Foliage as Condition of Permit Issuance, applies to any
residential structure, regardless of height.
II. DEFINITIONS
A. Viewing Area
Section 17.02.040 (A)(15) of the Rancho Palos Verdes Municipal Code
defines "viewing area" as follows:
"'Viewing area' means that area of a structure (excluding bathrooms,
hallways, garages or closets) or that area of a lot (excluding the setback areas)
where the owner and City determine the best and most important view exists. In
structures, the finished floor elevation of any viewing area must be at or above
the existing grade adjacent to the exterior wall of the part of the building nearest
to said viewing area."
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Height Variation Guidelines
May 6, 2003
B. Section 17.02.040(A)(14) of the Municipal Code defines "View" as follows:
"On the Palos Verdes Peninsula, it is quite common to have a near
view and a far view because of the nature of many of the hills on the peninsula.
Therefore, a 'view' which is protected by this Section is as follows:
"a. A 'near view' which is defined as a scene located on the
peninsula including, but not limited to, a valley, ravine, equestrian
trail, pastoral environment or any natural setting; and/or
"b. A 'far view' which is defined as a scene located off the
peninsula including, but not limited to, the ocean, Los Angeles basin,
city lights at night, harbor, Vincent Thomas Bridge, shoreline or
off-shore islands.
"A 'View'which is protected by this Section shall not include vacant land
that is developable under the city code, distant mountain areas not
normally visible nor the sky, either above distant mountain areas or above
the height of off-shore islands. A 'View' may extend in any horizontal
direction (three hundred and sixty degrees of horizonal arc) and shall be
considered as a single view even if broken into segments by foliage,
structures or other interference."
III. ESTABLISHING THE VIEWING AREA
A. Section 17.02.040 (B)(5) establishes the procedure for determining the
"viewing area" as follows:
The determination of a viewing area shall be made by balancing the
nature of the view to be protected and the importance of the area of the structure
or lot from where the view is taken. Once finally determined for a particular
application, the viewing area may not be changed for any subsequent application.
In the event the city and owner cannot agree on the viewing area, the decision of
the city shall control. A property owner may appeal the determination of viewing
area. In such event, the decision on the viewing area will be made by the body
making the final decision on the application. A property owner may preserve his
or her right to dispute the decision on viewing area for a subsequent application
without disputing the decision on a pending application by filing a statement to
that effect and indicating the viewing area the property owner believes to be more
appropriate. The statement shall be filed with the city prior to consideration of
the pending application by the City.
B. The "viewing area" of the applicant's property is where the best and
most important view is taken. The determination of the "viewing area", is made "by
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Height Variation Guidelines
May 6, 2003
balancing the nature of the view to be protected and the importance of the area of the
structure or lot from where the view is taken".
1. On undeveloped lots, the viewing area may include all of the areas
of the lot, excluding the required setback areas.
2. On developed lots, the "viewing area" may be located on any level
surface within the house (excluding bathrooms, closets, hallways or garages)which is
at or above the existing grade adjacent to the exterior wall of the part of the building
nearest to the "viewing area" or within the buildable area of the lot. A viewing area may
be located on a patio, deck, balcony or lawn area which is adjacent to the primary
structure (generally within 10 feet) and which is located on the same general grade on
the lot as the primary structure, excluding the required setback areas and used as a
gathering area. In determining the viewing area on a developed lot, greater weight
generally will be given to locations within the primary structure where a view is taken
than to locations outside of the primary structure where a view is taken, unless no view
is taken from within the primary structure.
3. On properties where the applicant claims that he or she has a view •
from one or more locations either within or outside of the primary structure, it must be
determined where the best and most important view is taken to determine the "viewing
area" which is to be protected. The "viewing area" may only include multiple rooms or
locations on the applicant's property if those locations share the same view.
4. The "viewing area" may only be located on a second (or higher)
story of a structure if:
a. The construction of that portion of the structure did not require
approval of a Height Variation Permit or Variance, pursuant to Chapter 17.02.040 of the
Rancho Palos Verdes Municipal Code, or would not have required such a permit if that
Section had been in effect at the time that portion of the structure was constructed; or
b. The viewing area is located in a part of the structure that
constitutes the primary living area of the house, which is the living room, dining room,
family room, or kitchen. However, the viewing area may be located in the master
bedroom, if a view is not taken from one of the rooms comprising the primary living
area, and the master bedroom is located on the same story of the house as the primary
living area.
5. In documenting the views, Staff will usually conduct their view
analyses in a natural standing position. In those cases where the view is only enjoyed
from a seated position, Staff will verify if that is the case, and if so, will conduct the view
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Height Variation Guidelines
May 6, 2003
analysis from the seated position in that area at a height of not less than three (3)feet,
six (6) inches, up to a full standing position.
IV. EARLY NEIGHBOR CONSULTATION
Section 17.02.040(C)(1)(b) of the Municipal Code requires that, for all
proposed Height Variations:
"The applicant shall take reasonable steps established by the City
Council to consult with owners of property located within 500 feet of
the applicant's property. The applicant shall obtain and submit with
the application the signatures of the persons with whom the
applicant consulted. Where a homeowners' association exists in the
neighborhood affected and has provided written notice to the
Director of its desire to be notified of Height Variation applications,
the applicant shall mail a letter to the association requesting their
position on the application. A copy of this letter and the response of
the association, if any, shall be submitted with the application."
Early neighbor consultation may be deemed adequate by the Director of Planning,
Building, and Code Enforcement only if the signatures of at least 60% of the landowners
within 500 feet; or 70% of the landowners within 100 feet and 25% of the total number
of landowners within 500 feet (including those within 100 feet) is obtained; or if mailed
proof of notification of all landowners within 500 feet is provided, as well as proof of
notification of the homeowners' association, if one exists. The required percentages
stated above shall be based on property located in the City. An applicant is not required
to obtain signatures from the owners of property that are located outside the City
boundary limits (ie. Palos Verdes Estates, Rolling Hills Estates, etc.). Fewer signatures
may be deemed adequate by the Director if other evidence of early neighbor
consultation is provided.
Acceptable efforts for obtaining the necessary signatures for satisfying the
"early neighbor consultation" requirements shall include at least one of the following, as
outlined below:
A. Direct Contact
1. Door-to-door contact with the landowners within 500 feet,
describing the proposed project and showing and explaining plans. Verification of this
contact shall be provided by obtaining signatures from the landowners (signatures from
renters or lessees are unacceptable) on the attached Acknowledgement of Proposed
Construction form available from the City (no exceptions). The form indicates that the
intent of the signature process is to acknowledge that the landowner has been made
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Height Variation Guidelines
May 6, 2003
aware of the applicant's intentions, and is not meant to signify support of the project.
The form also delineates what project plans, if any, were exhibited to the landowners.
Landowners must acknowledge that they have seen a depiction of the project which
reasonably describes the applicant's proposal, in order for their signature to qualify
towards the required percentage totals.
2. Holding an "Open House" to inform landowners of the
proposed plans, with previous written or oral invitations to the potentially affected
property owners. Verification of this contact shall be provided as described above.
B. Mailing
Only as a last resort, if the previous two methods have not been proven
satisfactory, proof of notification may consist of a notice and reduced copies of the
depiction of the project (no larger than 8 1/2" x 14") sent by the applicant by registered
mail to all landowners within 500 feet of the subject property, or by providing addressed,
stamped/pre-paid postage envelopes, a copy of the mailing list, reduced copies of the
plans, and a letter with a description of the proposed project, along with a $10.00 fee, to
the City for mailing. Using this method must be approved by the Director of Planning,
Building, and Code Enforcement.
In addition to contacting the neighbors, a letter to the area's homeowners
association requesting their opinion on the proposal, if any, shall be mailed.
Please note that in addition to completing the Early Neighborhood Consultation
requirements stated herein, the City strongly encourages applicants proposing a project
that includes the Neighborhood Compatibility analysis, such as a Height Variation
application, to complete a "Pre-application Process."
The Neighborhood Compatibility "Pre-application Process" is a voluntary step in the
residential development process that has been found to be helpful in addressing
neighborhood issues early in the process, which may cause delays in the formal
process and added expense to the applicant.
For further information regarding the suggested "Pre-application Process" please refer
to Planning Staff, the Neighborhood Compatibility Handbook available at Planning
Department at City Hall, or the City's Website at www.palosverdes.com/rpv.
V. TEMPORARY SILHOUETTE FRAME
Section 17.02.040(C)(1)(d) of the Municipal Code states that:
"The applicant shall construct on the site at the applicant's expense,
as a visual aid, a temporary frame of the proposed structure.
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Height Variation Guidelines
May 6, 2003
1. The temporary silhouette shall, at a minimum, consist of wood
posts (or other sturdy and rigid material - 2" x 4"s are typical) at all corners of the
structure(s) and at either end of all proposed ridgelines, with a taut rope (of 1/2"
diameter) marked with triangular flagging (ribbons are not acceptable) connecting the
posts (see attached diagram).
2. The top one foot of the posts shall be painted red or orange to
better demarcate the height of the proposed structure in photo analyses, and a similar
mark shall be placed using a different, but equally visible color on the posts at the 16-
foot height limit, as measured pursuant to Section 17.02.040(B). Please consult with
your case planner regarding the applicable method for determining the 16-foot height
limit.
3. The temporary silhouette frame can only be erected after the
waiver form, which absolves the City of any liability associated with construction of or
damage by the temporary silhouette frame, has been submitted to the Director by the
applicant. The waiver form (see attached) must be submitted along with the application
package. In order to minimize costs involved in constructing a certified silhouette, it is
advised that a property owner not construct the required certified silhouette until
directed to do so by the case planner assigned to the project. This is recommended
because a project may undergo revisions before being deemed complete for
processing. Once given direction to construct the certified silhouette, the applicant shall
notify the City when the silhouette is in place.
Furthermore, once the silhouette is constructed, a licensed engineer or architect shall
certify that the silhouette accurately depicts the location and height (including the color
demarcation of the silhouette posts) of the proposed development. The required
certification form (see attachment) must be accompanied by a site plan that identifies
the location of the silhouette posts, the existing grade elevation call-outs at the base of
the posts (if posts touch existing grade), and the elevation call-outs for the top of the
posts. If the silhouette is constructed entirely above an existing structure so that the
posts supporting the silhouette do not touch existing grade, then the site plan must
include the existing grade elevation closest to the existing structure and the supporting
silhouette posts. A project will not be deemed "complete" for processing without
the certification.
4. Staff will conduct a site inspection to review the adequacy of the
silhouette's depiction of the proposed project. Adequacy will be based on an accurate
depiction of the proposed project's envelope, accurate delineation of ridgelines, and the
proper triangular flagging. Ribbons or other materials which tend to bend or sag
are not acceptable. An application will not be considered "complete" for processing
without an adequately constructed silhouette in place.
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Height Variation Guidelines
May 6, 2003
5. The frame must remain in place and be maintained in good
condition throughout the required notice period for the Height Variation
application or the Neighborhood Compatibility analysis process, the decision
process and, if necessary, any appeal periods. The frame may not be removed until
the City's appeal process has been exhausted and a final decision has been rendered.
The applicant must remove the frame within seven (7) days after a final decision
has been rendered and the City's appeal process has been exhausted..
VI. BUILDING HEIGHT
1. Proposed residential building height cannot exceed 26 feet. If a
greater height is desired, a Variance application is required, rather than a Height
Variation Permit.
Section 17.02.040(B)(1) of the Municipal Code states that:
"Any individual or persons desiring to build a structure or an
addition to an existing structure exceeding sixteen (16) feet in height
may apply for a Height Variation Permit which, if granted pursuant to
the procedures contained herein, will permit said individual to build a
structure not exceeding twenty-six (26) feet in height, except as
provided in Section 17.02.040B.1(d), or such lower height as is
approved by the City. . ."
2. Height is measured based on whether the subject lot is considered
an uphill, downhill, or other (pad) lot relative to the street of access, and based on the
extent to which the structure slopes with the lot. Section 17.012.040(B)(1) of the Code
defines height measurements as follows:
(a) "For sloping lots which slope uphill from the street of access or in
the same direction as the street of access and for which no building
pad exists, the height shall be measured from the preconstruction
(existing) grade at the highest point on the lot to be covered by the
structure to the ridgeline or the highest point of the structure."
(Uphill Sloping Lot figure below):
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Height Variation Guidelines
May 6, 2003
(b) "For sloping lots which slope downhill from the street of access and
for which no building pad exists, the height shall be measured from
the average elevation of the setback line abutting the street of
access to the ridge line of the highest point of the structure." Lots
sloping downhill are defined as those with a minimum slope of
greater than 5% over the width or length of the buildable area
(whichever is the downhill direction).
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(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.
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 contain no
more than one (1) story (cellars and basements are exempted from
this requirement) and shall not exceed twenty (20) 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." (Pad Lot
figure below):
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Page 8
Height Variation Guidelines
May 6, 2003
(d) "On sloping lots described in sections 17.02.040(B) (1)(a) and
17.02.040(B)(1)(b), the foundation of the structure shall contain a
minimum eight (8)foot step with the slope of the lot. However, no
portion of the structure shall exceed thirty (30) feet in height, when
measured from the point where the lowest foundation or slab meets
finished grade to the ridge line or highest point of the structure.
The thirty (30) foot height shall not exceed a horizontally projected
sixteen (16) foot height line (from the high point of the uphill step of
the structure)." (See figure below): If there is not a minimum eight
(8) foot step in the structure's foundation, a Height Variation Permit
and/or a Variance will be required.
VII. SETBACKS FOR SLOPING LOTS
Section 17.02.040(B)(2) of the Municipal Code requires that:
"On lots sloping uphill from the street of access and where the
height of a structure is in excess of sixteen (16) feet above the point
where the lowest foundation or slab meets the ground, areas in
excess of the sixteen (16) foot height limit shall be set back one (1)
foot from the exterior building facade of the first story, most parallel
and closest to the front property line, for every foot of height in
excess of sixteen (16) feet, as measured from the point where the
lowest foundation or slab meets the ground."
This provision applies to uphill lots only and covers height at any point on the structure
in excess of 16 feet above the grade at the downslope side of the structure. The figure
below (Height Setbacks) illustrates how a structure would need to fit within the
stepped-back setback envelope.
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Page 9
Height Variation Guidelines
May 6, 2003
VIII. CRITERIA FOR REVIEW
A. Administrative or Planning Commission Review
Section 17.02.040(C)(1) provides criteria for the initial review of Height
Variation applications by either the Director of Planning, Building, and Code
Enforcement or the Planning Commission.
1. "Any person proposing to construct a structure above
sixteen (16) feet shall submit a Height Variation Permit application to the City. A
determination on the application shall be made by the Director in accordance with
the findings described in Section 17.02.040(C)(1)(e). The Director shall refer an
application for a Height Variation Permit directly to the Planning Commission for
consideration under the same findings, as part of a public hearing, 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; or
b. The area of the structure which exceeds sixteen (16)
feet in height (the second story footprint) exceeds seventy-five percent (75%) of
the existing first story footprint area (residence and attached garage);
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); or
d. 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."
IX. MANDATORY FINDINGS
Section 17.02.040(C)(1)(e) of the Municipal Code requires that, in order
for a Height Variation Permit to be issued, the City must make the following nine
mandatory findings:
1. "The applicant has complied with the early neighbor
consultation process established by the City."
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Staff will review the submittal to be sure that the methods of early
neighbor consultation, as outlined above on pages 4 and 5 of these Guidelines, are
adequate.
2. "The structure does not significantly impair a view from public
property (parks, major thoroughfares, bikeways, walkways, or equestrian trails)
which has been identified in the City's General Plan or Coastal Specific Plan as
City designated viewing areas."
Any public park or right-of way will be considered for view analysis under
this provision. Other sites will be limited to those specifically delineated in the General
Plan, Coastal Specific Plan, or areas specifically set aside as public viewing areas.
"Significantly impair" is defined in section (6) below.
3. "The proposed structure is not located on a ridge or
promontory."
A ridge is defined in Section 17.96.1550 as "an elongated crest or a linear
series of crests of hills, bluffs, or highlands". A promontory is defined in Section
17.96.1420 as "a prominent mass of land, large enough to support development, which
overlooks, or projects onto a lowland or body of water on at least two sides". The
analysis of ridges and promontories relates to protection of public views and vistas
overlooking or looking up at ridges or promontories. The Director or Planning
Commission will make a determination as to the degree of visual impact associated with
construction over 16 feet in height on a "ridge or promontory" when viewed from a park,
public roadway, or a designated public viewing point.
The "ridge or promontory" must be prominent in relation to the 16 to 26
foot range of heights permitted under the Height Variation Permit process. Geologic
structures which would not be noticeable in relation to the size of the proposed structure
probably will not be affected by development of a proposed structure, and accordingly
no public view benefit would be provided by prohibiting construction on such ridges or
promontories.
4. "The structure is designed and situated in such a manner as to
minimize impairment of a view."
(a) All structures shall be designed to minimize view impairment
even when a view may not be significantly impaired.
(b) View impairment may be minimized by redesigning a
structure to relocate or reduce the size of the portion of the addition over 16 feet in
height to lessen the view impact.
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(c) Redesign to minimize view impairment may include
relocation or reorientation of the addition, deletion of a balcony, revised roof pitch, or
other measures which generally maintain the scope of the addition.
(d) Minimizing view impairment does not apply to construction or
additions 16 feet or less in height, even when attached to and a portion of the overall
addition which includes construction which exceeds 16 feet in height.
5. "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 caused by the proposed structure,
and (b) considering the amount of view impairment that would be caused by the
construction on other parcels of structures similar to the proposed structure."
(a) Significant cumulative view impairment will be considered
when the individual structure may not significantly impair views, but when the effect of
the structure could, in combination with other similar structures, create significant view
impairment.
(b) The Director or Planning Commission will determine which
other nearby parcels within the viewshed from a particular property or public place may
be developed, consistent with this Section; which would further impair a view. The
evaluation will usually not extend beyond three or four parcels adjacent to the subject
property.
(c) The criteria for determining the significance of the cumulative
view impairment is the same as for significance for the individual structure, as outlined
below in paragraph 6.
6. "The proposed structure, 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
Permit 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
primary living area (living room, family room, dining room, or kitchen) of the
residence."
(a) "Significant view impairment" will be determined by the
Director or Planning Commission based on (a) the severity (extent, magnitude, etc.) of
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impairment of an existing view, and/or (b) the impairment of features of significance,
including but not limited to Catalina Island and other offshore islands, Point Fermin or
other notable coastal promontories, or the Vincent Thomas bridge or other prominent
manmade landmarks, etc.
(b) The "viewing area" may only be located on a second (or
higher) story of a structure if:
i. The construction of that portion of the structure did not require approval
of a Height Variation Permit or Variance, pursuant to Chapter 17.02.040 of
the Rancho Palos Verdes Municipal Code, or would not have required
such a permit if that Section had been in effect at the time that portion of
the structure was constructed; or
ii. The viewing area is located in a part of the structure that constitutes the
primary living area of the house, which is the living room, family room,
dining room or kitchen.
(c) If a master bedroom exists on the same level as the primary
living area of the house, and if no views are enjoyed from the other primary living areas,
views from the master bedroom will be considered.
(d) Views will be analyzed without respect to foliage existing on
properties within 1000 feet of the property from which the view is taken. The impact of a
proposed structure if the foliage did not exist will be estimated as best as can be
determined. However, if the foliage blocking the view is located on the property from
which the view is taken, such foliage must be removed prior to the view analysis or that
foliage will be considered as remaining in the view.
7. "The proposed structure complies with all other Code
requirements."
Any proposed structure will be evaluated to assure compliance with
zoning, General Plan, and Specific Plan requirements, including but not limited to
setbacks and open space restrictions, as well as any specific conditions associated with
the pertinent tract approval. If other discretionary permits are required for the second
story addition, approval of the Height Variation Permit shall be contingent on the
approval of those other discretionary permit.
8. "The proposed structure is compatible with the immediate
neighborhood character."
"Neighborhood character" is defined to consider the existing
characteristics of an area, including:
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(a) Scale of surrounding residences, including total square
footage and lot coverage of the residence and all ancillary structures.
(b) Architectural styles, including facade treatments, structure
height, open space between structures, roof design, the apparent bulk or mass of the
structure, number of stories, and building materials.
(c) Front, side and rear yard setbacks.
The Director's or Planning Commission's determination of compatibility
with neighborhood character will be based on a review of the above criteria relative to
the immediate neighborhood which is normally considered to be at least the twenty (20)
closest residences within the same zoning district, and on property owner response to
the required notification. Increases in scale, height, bulk or mass or decreases in
setbacks or open space may be considered incompatible.
9. "The proposed structure does not result in an unreasonable
infringement of the privacy of the occupants of abutting residences."
"Privacy is defined as the reasonable protection from intrusive visual
observation."
(a) The burden of proving an "unreasonable infringement of
indoor and/or outdoor privacy" shall be on the property owner claiming infringement of
privacy. The Director or Planning Commission will make a determination on a case by
case basis.
(b) Given the variety and number of options which are available
to preserve indoor privacy, greater weight generally will be given to protecting outdoor
privacy than to protecting indoor privacy.
Redesign to minimize invasion of privacy may include using translucent
material in (upper floor) windows, eliminating windows, reducing and/or relocating
balconies, or eliminating balconies.
X. HEIGHT VARIATION PERMIT PROCEDURES
A. Height Variation Permit Application
The attached "Height Variation Permit Application" must be submitted to
the City's Department of Planning, Building, and Code Enforcement to initiate a request
for a Height Variation Permit.
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B. Height Variation Permit Process
The following sequence of steps shall occur in order to process a Height
Variation Permit application:
1. The applicant consults with property owners within 500 feet of the
proposed project.
2. The applicant completes and submits an application form to the
City's Department of Planning, Building, and Code Enforcement along with the
appropriate fees. The application must be accompanied by proof of early neighbor
consultation (including letter from subject Homeowners Association, if any) and the
waiver form for the temporary frame.
3. The applicant erects the temporary frame and notifies Staff that the
frame is in place.
4. Staff reviews the application to assure that it is complete, and
inspects the site to assure that the temporary frame is in place and adequately
constructed. A letter will be sent to the applicant not later than 30 calendar days after
submittal indicating that the application is complete for review or what additional
information or corrections are required to make the application complete for review.
5. The Director shall refer an application for a Height Variation Permit
directly to the Planning Commission for consideration under the same findings, as part
of a public hearing, 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; or
b. The area of the structure which exceeds sixteen (16) feet
in height (the second story footprint) exceeds seventy-five percent (75%) of the existing
first story footprint area (residence and attached garage);
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); or
d. 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."
6. Staff mails notice to all property owners within a five hundred foot
radius and to the affected homeowners' association, if any, and informs them that any
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objections to the proposed construction must be submitted to the City within 30 days
after the date of the notice.
7. Staff will conduct view analyses to determine whether the nine
review criteria are being met from properties whose owners have expressed concern
regarding the proposed construction and any additional properties that Staff feels may
be impacted by the proposed project.
8. Based on the view analyses, review of the plans, review of the
surrounding area, and the decision criteria outlined in the Municipal Code, a decision
will be rendered approving the application, approving the application with conditions, or
denying the application. Letters of interest that have been received will be taken into
consideration when evaluating the project based on the criteria mentioned previously.
Either the Director or the Planning Commission will render the initial decision pursuant
to section VIII(A) of these Guidelines (Administrative or Planning Commission Review).
9. The Director's or Planning Commission's decision will be mailed to
the applicant and any person who responded to the original notice. However, only
written correspondence or testimony before the Planning Commission will be
considered as a response entitling a person to appeal the Director's or Planning
Commission's decision.
10. The Director's decision may be appealed to the Planning
Commission by the applicant or by any person who provided written correspondence to
the Director prior to the Director's decision. The decision of the Planning Commission
may be appealed to the City Council by any person who commented orally or in writing
to the Planning Commission. The appeals must be filed in writing (stating the
reason(s) for the appeal) within 15 calendar days of the date of the decision notice,
accompanied by the appropriate appeal fee.
11. The Planning Commission or City Council will conduct a public
hearing to consider the Height Variation Permit appeal. Notice of the public hearing will
be mailed at least 30 days in advance of the hearing. Notice will be provided to all
persons within 500 feet of the structure in question as well as any additional property
owners previously determined by the City to be affected by the proposal.
12. The Director's decision shall be final if no appeal is filed to the
Planning Commission. The Planning Commission's decision shall be final if no appeal
is filed to the City Council. The decision of the City Council is final.
XI. REMOVAL OF FOLIAGE AS CONDITION OF PERMIT ISSUANCE
Section 17.02.040(B)(4) of the Municipal Code requires that:
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"The City shall issue no Conditional Use Permit, Variance,
Height Variation Permit, Building Permit or other entitlement to construct a
structure, or to add livable area to a structure on a parcel utilized for residential
purposes, unless the owner removes that part of the foliage on said lot exceeding
sixteen (16) feet in height, or the ridge line of the primary structure, whichever is
lower, that significantly impairs a view from the viewing area of another parcel.
The owner of the property is responsible for maintaining the foliage so that the
views remain unimpaired. This requirement shall not apply where removal of the
foliage would constitute an unreasonable invasion of privacy of the occupants of
the property on which the foliage exists and there is no method by which the
property owner can create such privacy through some other means allowed
within the Development Code that does not significantly impair a view from a
viewing area of another property. The initial decision on the amount of foliage
removal required or the reasonable degree of privacy to be maintained shall be
made by the Director, the Planning Commission or the City Council, as
appropriate for the entitlement in question. If the permit issuance involves
property located within the Miraleste Recreation & Park District, the findings of
Section 17.02.040(C)(2)(c)(vi) shall apply. A decision by the Director may be
appealed, with the appropriate fee, to the Planning Commission, and any decision
of the Planning Commission may be appealed to the City Council."
Foliage analysis will be conducted for any project which either adds 120
square feet or more of habitable space or involves a structure which can be used as a
gathering space and viewing area, such as decks or covered patios (also, 120 square
feet or more). Excluded are projects which are clearly not habitable or which are just
minor architectural features (antennas, skylights, solar panels, tool sheds, garden
windows, etc.). Each such planning permit will include a condition, based upon a site
inspection, requiring that specified foliage be pruned or removed prior to issuance of a
Building Permit.
Indoor privacy can be achieved in many unobtrusive ways such that
obstructive foliage should generally not be preserved to protect indoor privacy. The
burden of proof of"unreasonable" intrusion of privacy shall be on the foliage owner.
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