CC RES 1990-047RESOLUTION NO. 90 -47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ADOPTING REGULATIONS
TO IMPLEMENT THE RANCHO PALOS VERDES COUNCIL
OF HOMEOWNERS ASSOCIATIONS AND CITY COUNCIL
COOPERATIVE VIEW PRESERVATION AND RESTORATION
ORDINANCE BY APPROVING GUIDELINES FOR
PRESERVATION OF VIEWS WHERE STRUCTURES ARE
INVOLVED (HEIGHT VARIATIONS).
WHEREAS, on November 7, 1989, the People of the City of
Rancho Palos Verdes approved the "Rancho Palos Verdes Council of
Homeowners Associations and City Council Cooperative View
Preservation and Restoration Ordinance" ("Proposition M ") with an
effective date of November 17, 1989; and,
WHEREAS, Section 5 of Proposition M empowers the City Council
to adopt procedures and rules or regulations which may be
necessary for its implementation; and,
WHEREAS, Rancho Palos Verdes Municipal Code section 17.02.040
C.1 as set forth in Section 2 of Proposition M provides procedures
and requirements for preservation of views where structures are
involved.
NOWT THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DUES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The attached Guidelines for Preservation of Views
Where Structures Are Involved are both necessary to the
implementation of, and consistent with, Proposition M.
Section 2: These regulations are intended to supplement the
provisions of Proposition M, and they shall be interpreted and
applied in a manner consistent with Proposition M.
Section 3: The attached Guidelines for Preservation of Views
Where Structures Are Involved, dated ,Tune 6, 1990, are hereby
adopted.
Section 4: The City Clerk is directed to prepare a system
for the filing and codification of procedures and rules or
regulations adopted pursuant to the authority granted under
Proposition M. The City Clerk is further authorized and directed
to maintain a legislative history of the City Council's actions
adopting or rejecting procedures and rules or regulations. The
City Clerk is authorized to number, renumber, arrange or index the
procedures and rules or regulations adopted pursuant to the
authority granted under Proposition M in any manner deemed
necessary for the convenient maintenance of such matters.
Section 5. The City Council expressly disclaims any
intention to create, and no person shall acquire, an property
q y P P y
right or interest through the adoption, enforcement, amendment, or
repeal of these regulations.
APPROVED and ADOPTED this
ATTEST:
WWWWAMMMMI
M- Sim
6th day of June, 1990.
x
ayor
MATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES
It JO PURCELL, City Clerk of the City Council of the City of
Rancho Palos Verdes, hereby certify that the above Resolution No.
90 -47 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 6th day of ,Tune,
1990. _
CITY CLERK
CITY F RANCHO PALOS VERDES
Resolution No. 90-47
Page 2
CITY OF RANCHO PALOS VERDES
GUIDELINES AND PROCEDURES
FOR
PRESERVATION OF VIEWS WHERE
STRUCTURES ARE INVOLVED (HEIGHT VARIATIONS)
19
JUNE 6, 1990
Environmental Services Department
RESOL. NO. 90 -47
TABLE OF CONTENTS
I. PURPOSE
II. CRITERIA FOR REVIEW
Page
1
2
A. Views and Viewing Area 2
B. Early Neighbor Consultation 3
Co Temporary Framing 4
D. Building Height 5
E. Setbacks for Sloping Lots 6
F. Decision Criteria 6
G. Removal of Foliage as Condition of 9
Permit Issuance
III. HEIGHT VARIATION PROCEDURES 11
A. Height Variation Application 11
B. Height Variation Process 11
ATTACHMENTS
Acknowledgement of Proposed Construction
Waiver for Temporary Frame
Silhouette Construction Diagram
Building Height Figures
Height Variation Application
Height Variation Application Process Flow Chart
Height Variation Guidelines
June 6, 1990
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. Section 17.02.040, as amended by vote of
_.he citizens of Rancho Palos Verdes on November 7, 1989, specifies
that 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 constuction 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 sub -
community development in the General Plan.
d. Require the pruning of dense foliage or tree growth which
alone, or in conjunction with construction, exceeds
def fined limits.
These.guidelines and procedures apply to any person proposing to
construct a residential structure above sixteen feet in height,
except that item II(G) - Removal of Foliage as Condition of Permit
Issuance, applies to any residential structure, regardless of
height.
RESOL. NO. 90 -47
Page 1
Height Variation Guidelines
,Tune 6, 1990
II. CRITERIA FOR REVIEW
A. Views and Viewing Area
Section 17.02.040(A)(15) and (16) of the Municipal Code define
View and Viewing Area, respectively, for the purposes of analysis
under the provisions of the regulations.
1. In determining views:
(a) "A near view 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."
(b) "A far view is defined as a scene located off the Peninsula,
including, but not limited to, the ocean, Los Angeles basin,
city lights at night, the harbor, Vincent Thomas Bridge,
shore line, or offshore islands."
(c) "View 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 offshore islands."
(d) "View may extend in any horizontal direction (360 degrees of
horizontal arc) and shall be considered as a single view even
if broken into segments by foliage, structures or other
interference."
2. In determining viewing area:
(a) "Viewing area shall be that area of the structure (excluding
bathrooms, hallways, garages, or closets) or lot (excluding
the setback area) where the owner and City determine the best
and most important view exists."
Staff will consider views from a "lot" only when no primary
residential structure exists on a lot, i.e., on a vacant lot.
Otherwise, the viewing area is to be determined as per (b) below,
pursuant to Sec. 17.02.040(A)(16).
(b) "The finished floor elevation of any viewing area must be at
or above existing grade adjacent to the exterior wall of the
part of the building nearest to said viewing area."
Staff will consider viewing areas, other than for vacant lots, to
be taken from a room within a structure, or from an area
immediately adjacent (within 5 feet) to the structure, such as a
patio area, which is at the same grade as the grade at the nearest
exterior wall, if the area is clearly used as a gathering point
(tables and chairs, etc.) for viewing purposes. Views will be
taken from a standing position, unless the viewing area is more
suitable to viewing in a seated position. Seated views shall be
taken from a height of 3 feet, 6 inches.
Page 2
Height Variation Guidelines
,Tune 6, 1990
The Code further specifies the following criteria be used to
determine viewing area:
(c) "The determination 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 a subsequent application."
(d) "In the event the City and the 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 viewing area will be made by
the body making the final decision on the application."
(e) "A property owner may reserve 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 indicating the viewing area the
property owner believes to be more appropriate. Said
statement shall be filed with the City prior to consideration
of the pending application by the City."
B. Earl Neighbor Consultation
Section 17.02.040(C)(1)(a) of the Municipal Code requires that,
for all proposed height variations:
"The applicant shall take all reasonable steps established by
the City Council to consult with owners of property located
within 500 feet. 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
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."
Acceptable efforts for providing "early neighbor consultation"
shall include at least one of the following, as outlined below:
116 Door -to -door contact with neighbors, describing the proposed
project and showing and explaining plans.
2. Holding an "Open House" to inform neighbors of the proposed
plans, with previous written or oral invitations to the
potentially affected property owners.
3e Providing proof of notification of all property owners within
500 feet, but only as a last resort if the previous two
methods have not proven satisfactory. Proof of notification
may consist of notice by registered mail, or by providing
RESOL. NO. 90 -47
Page 3
Height variation Guidelines
,Tune 6. 1990
addressed, stamped envelopes and a copy of the mailing list
and letter, along with a fee, to the City for mailing, or
other means as approved by the Director.
4. A letter to the appropriate neighborhood association, and any
response from the association received within 30 days of
mailing.
Attempts to gain signatures of neighbors shall utilize the
attached Acknowledgement of Proposed Construction form available
from the City. The form indicates that the intent of the
signature process is to acknowledge that the neighbor has been
made 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 residents. Early
neighbor consultation may be deemed adequate if the signatures of
at least 60% of the residents within 500 f eet , or 25% of the
residents within 500 feet and 70% of the residents within 100 feet
is obtained, or if proof of notification of all property owners
within 500 feet is provided, as well as proof of notification of
the homeowners' association, if one exists. Fewer signatures may
be deemed adequate if other evidence of early neighbor
consultation is provided.
C. Temporary Framing
Section 17.02.040(C)(1)(c) 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."
1. The temporary frame should, at a minimum, consist of wood (or
other sturdy and rigid material) posts (2" x 4 "s are typical)
at all corners of the structure(s) and at either end of all
proposed rudgelines, with a taut rope (of 1/2" diameter)
marked by flagging or ribbons (tied a maximum of three feet
apart) connecting the posts (see attached diagram).
2. The top one foot of the posts must be painted red or orange
to better identify the height in photo analyses, and a
similar mark shall be placed on the post at a height of 16
feet above ground level.
3. Framing must be in place prior to or at the time of submittal
of an application to the City. The applicant must, at the
time of submittal of an application to the City, sign a
waiver (form attached) which absolves the City of any
liability associated with construction of or damage by the
temporary frame. The applicant shall notify the City when
the frame is in place.
4. Staff will visit the site to verify the position and height
of the frame. Adequacy will be based on accurate height and
Page 4
Height Variation Guidelines
,Tune 6, 1990
a taut definition of roof l Ines along with flagging that makes
the lines easily visible. Ribbons or other materials which
tend to bend or sag are not acceptable. An application will
not be considered "complete" for review until an adequate
frame structure is in place.
5. The frame must remain in place until the City determines it
should be removed, generally for a period of 10 -12 weeks.
The frame must be in place during the neighborhood notice
period (30 days), staff analysis (2 -4 weeks), staff decision
(2 weeks), and the appeal period (2 weeks). The applicant
must remove the frame within seven (7) days after direction
from the City to do so.
D. Building Height
Section 17.02.040(8)(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 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 feet in height, except as provided in section
B.1(d), or such lower height as is approved by the City..."
10 Proposed residential building height cannot exceed 26 feet.
If a greater height is desired, a Variance application is
required, rather than a Height Variation.
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 17.01.040(B)(1) of
the Code defines height measurements as follows:
"(a) For lots sloping uphill from the street of access, the
height shall be measured from the existing grade at the
highest point on the lot to be covered by the structure.
(b) For lots sloping downhill from the street of access, the
height shall be measured from the average elevation of
the property line abutting the street of access to the
ridge line or the highest point of the structure.
(c) For lots sloping in the same direction as the street of
access, lots with a building pad at a different level
than the street, or lot configurations not previously
discussed, the height shall be measured from existing
grade at the highest elevation covered by the structure
to the ridge line or highest point of the structure.
(d) For sloping lots, a structure which steps with the slope
of the lot will be allowed; however, no portion of the
RESOL. NO. 90 -47
Page 5
Height Variation Guidelines
June 6, 1990
structure shall exceed thirty (30) feet in height when
measured from the point where the lowest foundation or
slab meets the ground to the ridge line or high 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)."
3. Lots sloping downhill are defined as those with a minimum
slope of 150 over the width or length of the buildable area
(whichever is the downhill direction). An attached figure
(Measuring Upslope Height) illustrates examples of uphill,
downhill, and other types of lot configurations, and the
associated method of height calculation.
4. To qualify for category (d) height consideration, i.e., a
structure "stepping with the slope ", the structure should
represent a split level design, including a drop in the ridge
line approximately midway across the structure (Sloping Lot
Height figure attached).
E. Setbacks for Sloping Lots
Section 17.02.040(B)(2) of the Municipal Code requires that:
"On lots sloping uphill from the street level where the
height of a structure is in excess of 16 feet above the point
where the foundation or slab meets the ground, areas in
excess of said height shall be set back an additional foot
from the property line adjacent to the lowest foundation for
every foot of height in excess of 16 feet above the point
where the 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 attached figure (Height
Setbacks) illustrates how a structure would need to fit within the
stepped -back setback envelope.
F. Decision Criteria
In addition to meeting the above standards, Section
17.02.040(C)(1)(d) of the Municipal Code sets forth eight criteria
which form the basis for review of Height Variations. Each
criteria is discussed below:
10 "The applicant has complied with the early neighbor
consultation process established by the City."
Staff will review the submittal to be sure that the methods of
early neighbor consultation, as outlined in the first item above,
are adequate.
"The structure does not significantly impair a view from
Pa e 6
Height Variation Guidelines
June 6, 1990
public property (parks, major thoroughfares, bikeways,
walkways, equestrian trails) which has been identified in the
City's General Plan, Coastal Specific Plan or 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.
30 "The proposed structure is not located on a ridge or
promontory*"
A ridge is defined as "a range of hills or mountains, or an
elongate crest or a linear series of crests" (Webster). A
promontory is defined as "a high point of land or rock projecting
into a body of water" or "a prominent mass of land overlooking or
projecting into a lowland" (Webster). The analysis of ridges and
promontories relates to protection of public views and vistas
overlooking or looking up at ridges or promontories. The Director
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
process. Geologic structures which would not be noticeable in
relation to the size of the proposed structure probably would 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.
40 "The structure is designed and situated in such a manner as
to minimize impairment of a view."
(a) All structures should be designed to minimize view
impairment. Minimizing impairment of view becomes
particularly applicable, however, in cases when no
significant view impairment exists, although a lesser
degree of impairment of a view from a viewing area
exists or a view other than from the designated viewing
area is 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.
(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.
RESOL. NO. 90 -47
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Height Variation Guidelines
June 6, 1990
(d) Minimizing view impairment does not apply to
construction or additions under 16 feet in height, even
when attached to and a portion of the overall addition
which includes construction over 16 feet in height.
50 "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 structures,
create significant view impairment.
(b) The Director 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
generally 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 under item (6)0
60 "The proposed structure, when considered exclusive of
existing foliage, does not significantly impair a view from
the viewing area of another parcel located in a portion of a
structure which was constructed without a height variation or
variance, or which would not have required a height variati.�n
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.
(a) "Significantly impair" will be determined by the
Director based on (a) the degree of impairment of an
existing view, and (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) Viewing areas will not be identified or considered which
would have required a variance or height variation for
their construction, whether built before or after the
effective date of this Section, or even if prior to the
incorporation of the City of Rancho Palos Verdes.
Page 8
Height Variation Guidelines
.June 6, 1990
Generally, this means that viewing areas will not be
designated from living areas or balconies at heights
greater than 16 feet above grade, i.e., second stories,
portions of structures built in required setback areas,
or other construction requiring variances from standards
of the Development Code.
(c) 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.
70 "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.
8. "The proposed structure is compatible with the immediate
neighborhood character."
"Neighborhood character" is defined to consider the existing
characteristics of an area, including.
(a) Scale of surrounding residences, including square
footage and lot coverage.
(b) Architectural styles, including facade treatments,
structure height, open space between structures, roof
design, the apparent bulk or mass of the structure, and
building materials.
(c) Front yard setbacks.
The Director's determination of compatibility with
neighborhood character will be based, at a minimum, on a
review of the above criteria relative to other structures on
the immediate block, or the ten (10) nearest structures,
whichever is greater, and on property owner response to the
required notification. Increases in scale or height or
decreases in setbacks or open space may be considered
incompatible.
G. Removal of Foliage as Condition of Permit Issuance
Section 17.02.040(8)(4) of the Municipal Code requires that:
1. "The City shall issue no conditional use permit, variance,
RESOL. NO. 90 -47
Page 9
Height Variation Guidelines
.June 6, 1990
height variation, 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 all foliage on said lot exceeding 16 feet in
height, or the ridge line of the primary structure, whichever
is lower, that 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."
Foliage analysis will be conducted for any project which either
adds habitable space or involves a structure which can be used as
a gathering space and viewing area, such as decks or covered
patios. Excluded are projects which are clearly not habitable or
which are just minor architectural features (antennas, skylights,
solar panels, tool sheds, garden windows, etc.), as well as one -
story additions or accessory structures of less than 120 square
feet. 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. In lieu of
such vegetation review, however, an applicant may, at his /her
option, submit a City Covenant to Protect Views.
20 "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 impair a view from a viewing
area of another property."
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 should be on the foliage owner.
Page 10
Height Variation Guidelines
June 6, 1990
III. HEIGHT VARIATION PROCEDURES
A. Height Variation Application
he attached "Height Variation Application" must be submitted to
he City's Department of Environmental Services to initiate a
equest for a Height Variation.
. Height Variation Process
The following sequence of steps shall occur in order to process a
Height Variation 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 Environmental Services along with
the appropriate fees. The application must be accompanied by
proof of early neighbor consultation and the waiver form for
the temporary f came .
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 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. 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 objections to
the proposed construction must be submitted to the City
within 30 days after the date of the notice.
6. Staff will conduct view analyses from properties whose owners
have expressed concern regarding the proposed construction.
7. Based on the view analyses, review of the plans, letters and
phone calls of interest, review of the surrounding area, and
the decision criteria outlined in the Municipal Code, the
Director will render a decision approving the application,
approving the application with conditions, or denying the
application.
8. The Director's decision will be mailed to the applicant and
any person who responded to the original notice.
9. The Director's decision may be appealed to the Planning
Commission by the applicant or by any person who responded to
RESOL. NO. 90 -47
Page 11
Height Variation Guidelines
,Tune 6, 1990
the Director prior to the Director's decision. The appeal
must be filed in writing within 15 calendar days of the date
of the notice, accompanied by the appropriate appeal fee.
10. The Planning Commission will conduct a public hearing to
consider the Height Variation 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.
11. 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 appeal must be filed
in writing within 15 calendar days of the date of the notice,
accompanied by the appropriate appeal fee.
12. The City Council will conduct a public hearing to consider
the Height Variation appeal. Notice of the public hearing
will be mailed at least 30 days in advance of the hearing.
Notice will be provided to the applicant and any person who
commented orally or in writing to the Planning Commission.
13. The decision of the City Council is final.
Page 12
ATTACHMENTS
Acknowledgement of Proposed Construction
Waiver for Temporary Frame
Silhouette Construction Diagram
Building Height Figures
Height Variation Application
Height Variation Application Process Flow Chart
RESOL. NO. 90 -47
ACKNOWLEDGEMENT OF PROPOSED CONSTRUCTION
(EARLY NEIGHBOR CONSULTATION)
(ADDRESS)
(PROPERTY OWNER)
(SIGNATURE)
The following property owners were notified of our (my)
intent to apply for a Height Variation Permit to construct a
new residence or add to an existing residence, with a
proposed maximum height of feet, at the above
address.
The undersigned individuals have been contacted regarding the
proposed project and have have not been shown plans
p P ro7
of the development. Any signature below is merely- an
acknowledgement of consultation and does not indicate support
for the applicant or the project.
ADDRESS PRINTED NAME SIGNATURE
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274 -5391 / (213) 377 -0360
RANCHO PALOS VERDES
WAIVER FOR TEMPORARY FRAME
I, , am the owner of
property located at
in the City of Rancho Palos Verdes and wish to apply to the
City for permission to construct
I understand that, pursuant to Section 17.02.040(C)(1)(c), I
must construct and maintain a temporary frame as a visual aid
for evaluating the impacts'of the proposed structure. I
hereby waive any claim against the City of Rancho Palos
Verdes for any damage or injury caused by the construction of
the frame or by any subsequent failure of the frame.
Signature
Date
RESOL. NO. 90 -47
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274 -5391 / (213) 377 -0360
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HEIGHT SETBACKS
Section 17.02.040(B)(2)
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RESOL. NO. 90 -47
RANCHO PIALOS VERDES
HEIGHT VARIATION PERMIT
If it is granted, a Height Variation Permit allows the
construction of a new residence or addition taller than sixteen
(16) feet up to a maximum of twenty -six (26) feet. However,
structures that step with the slope may be allowed a maximum
height of thirty (30) feet measured on the downslope, or lowest
side. The method for measuring height is different for lots
sloping uphill from the street, those sloping downhill from the
street, and lots that slope in the same direction as the street.
If you are not familiar with these variations, we suggest that you
discuss your proposal with one of our staff members prior to
having your plans drawn.
Before you file a request for a height variation, you should be
aware of the criteria on which your application is reviewed. As
you can see by the following list, the primary criteria is view.
However, a 1 1 of these findings must be made before a height
variation may be granted:
1. The applicant has complied with the early neighbor
consultation process established by the city.
2. The structure does not significantly impa i t a view from
public property (parks, major thoroughfares, bike ways,
walkways, equestrian trails) which has been identified in the
city's General Plan, Coastal Specific Plan or city designated
viewing areas.
3. The proposed structure is not located on a ridge or a
promontory.
4. The structure is designed and situated in such a manner as to
minimize impairment of a view.
5. There is no significant cumulative view impairment caused by
granting the application. Cumulative x-iew impairment shall
be determined by: (A) Considering the amount of view
impairment caused by the proposed structure; and (B)
considering the ariount of view impairment that would be
caused by the construction on other parcels of structures
similar to the proposed structure.
6. The proposed structure, when considered exclusive of existing
foliage, does not significantly impair a view from the
viewing area of another parcel located in a portion of a
structure which was constructed without a height variation, 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 construct-ed.
7. The proposed structure complies with all other code
requirements.
8. The proposed structure is compatible with the immediate
neighborhood character.
`190
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274 -5391 `211 377 -036C
These are the materials you must submit:
o One (1) copy of the Early Neighborhood Consultation petition.
o Three (3) copies of all elevations.
o Three (3) copies of site plan.
o Plans should be assembled in complete sets, and folded no
larger than 9 1/2 x 14 ".
o One (1) copy of existing /proposed floor plan of residence.
o Topographic call -outs.
o Grading approval application and required material, if
appropriate.
o One vicinity soap showing a radius of 500 feet from any
portion of the property. (See attached instruction sheet).
o Two lists (1" x 2 3/4" self- adhesive labels) of owners of
properties within the 500 foot radius containing both names
and mailing addresses. The vicinity map and property owners
lists must be keyed to each other. The owners lists must be
taken from the latest County Assessor's roll. (See attached
instruction sheet).
o Height Variation Application, signed by both applicant and
landowner.
o Waiver for temporary frame form, signed by landowner.
o Filing fee: S305
Fillno fee for Revision: $145
o The temporary silhouette framework should be constructed
shortly after the application submittal. The height and
placement of the framework shall be verified by the staff
member assigned to the application. The application, will not
be determined complete until the height and placement of the
framework is verified by the staff.
Note: Letters of approval f ror.► the local art 3ury, , Homeowners
Association, and/or adjacent neighbors are helpful , but N0
required.
Please remember that if all of these and other required
applications are not submitted concurrently, the application,
cannot be accepted for filing.
(Please refer to Chapter 17.02 of the Cite Development Code).
NOTE TO CONTRACTORS:
in order to perform work in the City of Rancho Palos Verdes. a
business license must be obtained from the City's Finance
Department prior to obtaining a building permit from the Bullalr,c
and Safety Division.
RESOL. NO. 90 -47
HEIGHT VARIATION PERMIT APPLICATION NUMBER
APPLICANT /CONTRACTOR:
(name)
(address)
Telephone: Home
Project Location:
Project Description:
11 � r - - -
Work
1. Maximum height of project, measured from the
highest point of existing grade covered by the
structure to ridge.
2. Maximum height of project, measured from the
finished grade adjacent to the lowest
foundation to ridge.
3. Square footage of new floor area.
4. If addition, square footage of existing
structure footprint (including any covered or
enclosed patios).
5. Square footage of structure footprint of ter new
construction.
6. Square footage of driveways and parking areas.
7. Square footage of lot.
8. Percentage of existing open space.
9. Percentage of open space after development.
Grading Information.
If any of the following conditions are proposed, a Grading
Application is required.
o Total volume of earth to be moved (sum of cut and fill) is
20 cubic yards or greater.
Height of fill i s 3 feet or greater*
Depth of cut is 3 feet or greater.
1. Total volume of earth to be moved (sum of cut
and fill, in cubic yards).
2. Maximum height of fill.
3. Maximum depth of cut.
Does the project involve any work, activity, or encroachment in
the public right -of -way or public drainage structure?
If so, you must obtain approval from the Public Works Department
prior to issuance of construction permits.
I HEREBY CERTIFY, under penalty of perjury, that the information
and materials submitted with this application are true and
correct*
and
Signature of Applicant /Contractor
Dated .
CONTRACTORS PLEASE READ AND INITIAL:
Signature of Landowner
Dated:
I UNDERSTAND that in order to perform work in the City of Rancho
Palos Verdes, a business license must be obtained from the City's
Finance Department prior to obtaining a building permit from the
Building and Safety Division.
(initials)
Staff Signature
Date Accepted:
LOT TYPE:
Ups 1ope
Downslope
Pad
Other
RESOL. NO. 90 -47
HEIGHT VARIATION APPLICATION PROCESS
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APPLICANT CONSULTS
WITH NEIGHBORS
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APPLICANT SUBMITS
APPLICATION AND WAIVER FORM
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APPLICANT ERECTS
TEMPORARY FRAME
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STAFF MAILS NOTICE
TO PROPERTY OWNERS
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STAFF CONDUCTS
VIEW ANALYSIS
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DIRECTOR RENDERS DECISION/
MAILED TO INTERESTED PARTIES
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APPEAL AVAILABLE TO PLANNING
COMMISSION AND, IF NECESSARY,
TO CITY COUNCIL
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