PC RES 2011-032 P.C. RESOLUTION NO. 2011-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES 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 (PLANNING CASE NO. ZON2011-00023)
WHEREAS, on July 5, 2011, the City Council authorized the initiation of a Code
Amendment (Planning Case No. ZON2011-00023) 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, simplify or modify certain
requirements, and codify existing policy procedure and/or application requirements;
and,
WHEREAS, on August 1, 2011, notices for the Planning Commission's
consideration of the proposed "clean-up" code changes were published in the Palos
Verdes Peninsula News; and,
WHEREAS, after notice was issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on
August 23, 2011, at which times 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
amendments to Title 17 of the Municipal Code.
Section 2: That the amendments to Title 17 of the Municipal Code are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 3: That the amendments to Title 17 are consistent with the Rancho
Palos Verdes General Plan and Coastal Specific Plan in that they preserve and
enhance the community's quality living environment, and enhance the visual character
and physical quality of existing neighborhoods.
Section 4: That the amendments to Title 17 are necessary to preserve the
public health, safety, and general welfare in the area, while balancing property rights.
Section 5: Section 17.02.035 of Title 17 is hereby amended to read as follows
(the underlined text represents new language and the strikethFo irrh text represents
deleted language):
Applications which involve the construction of a new single-family residence shall
include 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 6: Section 17.70.120.D.17 and 18 are hereby amended to read as
follows (the underlined text represents new language and the strip text
represents deleted language):
F. SuGh ether data as may be Fequired by the diFeGtOF to assist in Feview of the
17. Applications which involve the construction of a new single-family residence
shall include geology report determining that the project is c�eolo iq Cally
feasible. The City Geologist shall review and approve said report prior to the
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 7: Section 17.76.040.D.2H of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the S*rrou text
represents deleted language):
H. Applications which involve the construction of a new single-family residence
shall include 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 8: Section 17.02.030.D and 17.02.030.D.4.a of Title 17 are hereby
amended to read as follows (the underlined text represents new language and the
strikethFeug#text represents deleted 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.
P.C. Resolution No. 2011-32
Page 2 of 12
Section 9: Section 17.08.030.1-1 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the striketb text
represents deleted language):
H. With 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. An on site paFking aFea of no less than nine feet in width-�
The home occupation employee shall park on-site.
Section 10: Section 17.48.030.C.2.c of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the str+kethrouO text
represents deleted language):
2. Side and Rear Setbacks. If the following conditions occur:
c. Unless alternate setbacks are approved by the Building Official, hen the
grade of the slope between the top and toe of sa+d 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, thaa then the following hillside
setbacks shall apply:
Section 11: Section 17.48.050.A.3of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the stFikethmu 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 an
accessory structure which can be safely erected and maintained at a height
which that exceeds the maximum ridgeline of a-reside the structure to
which it is attached, may be approved by the director, provided that they do
not exceed the minimum height rpt-te # requirements of the building
code as determined by the Building Official.
Section 12: Section 17.48.050.D of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the etr+ketlFeug# 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
P.C. Resolution No. 2011-32
Page 3 of 12
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 property, the garage, stand alone chimney or flagpole may be
exempted from the twelve-foot height limitation, but shall comply with any
other height limitations of this Code.
Section 13: Section 17.50.030.D of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the S+rikethrou h text
represents deleted language):
D. The planning commission may reduce parking requirements for common
parking facilities by up to twenty five peFGent 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 14: Section 17.66.020.B.3 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the stFiketh 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_,
and
3. AR existiRg struGture, the GGnStFWGtiGR Of WhiGh has been initiated or
Section 1S: Section 17.72.050.E of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethrn.,rvh text
represents deleted language):
L. The filling an existing swimming pool/spa with dirt.
P.C. Resolution No. 2011-32
Page 4 of 12
Section 16: Section 17.02.020.E of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strilzcrrkethFoug text
represents deleted language):
E. The keeping of animals customarily referred to as household pets, as defined
in Section 17.96.945 (Definitions) and small domestic animals for
noncommercial purposes. Animals that are not customarily referred to as
household pets are permitted pursuant to approval of an Exotic Animal
Permit;
Section 17: Section 17.76.110.A of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the stFi ug# text.
represents deleted language):
B. Purpose. The exotic animal permit is established to permit the keeping of
animals not customarily referred to as household pets, as defined in SeGtiOR
6.04.230 (Animals) of this Munic;ipal Code, or other dornestiG animals not
Section 18: Section 17.96.945 of Title 17 is hereby added to read as follows (the
underlined text represents new language and the strikethrou text represents deleted
language):
17.96.945 Household Pets
"Household Pet" means a domestic animal that is customarily kept as part of
a residential use of a property, including dogs, cats and other domesticated species
as determined by the Director.
Section 19: Section 17.76.115.A.2.a of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethmu.." 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
esittee 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:
Section 20: Section 17.76.115.A.5 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StF!kethrn„ryh text
represents deleted language):
P.C. Resolution No. 2011-32
Page 5 of 12
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
^pec, and the planning commission's decision to the
city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures)
of this title.
Section 21: Section 17.76.115.B.1of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strikethroutext
represents deleted language):
3. Purpose. Except as noted below, a conditional large domestic animal permit
may be issued by the planning commission eque6tFiaA GGITIFnittee described
pursuant to the provisions of is Section 17.46.070 (EquestFian Overlay ins
DistFist)-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 equestrian GOMmittee or city council
determines that the findings described in Section 17.76.115.13.3 can be
made
Section 22: Section 17.76.115.B.2.a of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethroug# 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 equestFian raommittee, or on appeal by the city council. An
application to the planning commission equestriaR G.,.,,Mittee or city council
for a conditional large domestic animal permit shall be executed under
penalty of perjury and shall contain the following information:
Section 23: Section 17.76.115.B.2.b of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the c+rikethrn„ryh 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 eque triaR ,,,,.Y,Mittee or city council; and the recipient's
P.C. Resolution No. 2011-32
Page 6 of 12
right to oppose the permit before the planning commission equestrian
sepnMittee 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 24: Section 17.76.115.B.3 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strip text
represents deleted language):
3. Findings. The planning commission equestFiaR GGmmittee 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:
Section 25: Section 17.76.115.B.4 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the stFiL�roug# text
represents deleted language):
4. Planning Commission EquestFian Committee or City Council Action.
a. The planning commission equestFian GOmmittee 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 equestFiaR ...,w,mittee or city council shall deny
the application where the information presented by the applicant fails to
substantiate the required findings set forth in subsection (13)(3) of this
section to the satisfaction of the planning commission serittee or city
council.
Section 26: Section 17.76.115.B.5 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethrou 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 thelap nninq
commission's equestrian GGMMittee's-decision to the city council pursuant to
Section 17.80.070 (Hearing Notice and Appeal Procedures) of this title.
P.C. Resolution No. 2011-32
Page 7 of 12
Section 27: Section 17.76.115.B.6.a of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strikethm „rh 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
or on appeal by the city council, or pursuant to
subsection (13)(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 (13)(6), change of ownership shall not include inter-spousal
transfers in cases of divorce or inheritance by a spouse or child.
Section 28: Section 17.76.115.B.6.b.iii of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethFOU0 text
represents deleted language):
iii. The request to transfer the permit shall be reviewed by thelap nning
commission eque&t4an nGmn4 ttee 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 (13)(3), (4) and (5) of this section.
Section 29: Section 17.46.070 of Title 17 is hereby amended to read as follows
(the underlined text represents new language and the stFik text represents
deleted language):
A. Purpose. The Planning Commission has taken on the duties of the Equestrian
Committee. The Planning Commission is to
advise the 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.
personsknowledgeablein the keeping and maintaining of Iarge dem SLOG
reside in the Gity. if s
n�"ivW R e Fs..
B. �,'. Authority. The equestrian nnmmittee Planning Commission shall have the
authority to:
C. 9-. Appeal. The decisions of the equeStFiaR GeMmittee Planning Commission may
be appealed to the city council pursuant to the provisions described in Chapter
P.C. Resolution No. 2011-32
Page 8 of 12
17.80 (Hearing ,Notice and Appeal Procedures) of this title.
Erin thee-event-ttit�-YY d of the ee deGIino to an . moundeemed by the Gity GDOURGOI tO make the Gentinuatien of the equestrian Gammittd
a-o,-n,�e��e�tH�n-G91i�t.,
Section 30: Section 17.76.120.D.3 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the +rikethrn„nh 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 31: Section 17.84.060.A.2 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strikethFaugh text
represents deleted language):
4. 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 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 32: Section 17.86.080 of Title 17 is hereby amended to read as follows
(the underlined text represents new language and the stFikethFou text represents
deleted 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.
P.C. Resolution No. 2011-32
Page 9 of 12
Section 33: Section 17.76.020.A.11 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the str+ketf}mu text
represents deleted language):
11. Requirements for an Application. The installation and/or operation of a
commercial antenna shall require the submittal of a conditional use permit
application. The application package shall contain the following information:
L * For all commercial antenna and/or monopole applications, a
photographic simulation of the proiect shall be submitted concurrently
with the application. Said application will not be deemed complete until
the applicant has submitted said photographic simulation;
j. 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 34: Section 17.96.2050 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the strikethrough 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. Were
an aGGesseFy stFuGtuFe is a paFt Of,-OF jOiRed to, the main building by means Othe
paFt of the main buildiRg. _A structure, other than the primary 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 35: Section 17.96.1990 of Title 17 is hereby amended to read as
follows (the underlined text represents new language and the StFikethmuo 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 36: Insert a Coastal Zone Diagram into Chapter 17.72 titled Coastal
Zone Diagram pursuant to Exhibit "A", attached to this Resolution.
Section 37: The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the
adoption of said ordinance shall not be affected by the amendments to Title 17 by the
ordinance and shall continue in effect until and unless they are modified, revoked,
expired or are otherwise terminated according to the terms of the approval or the terms
of Title 17 as they existed prior to the effective date of said ordinance.
P.C. Resolution No. 2011-32
Page 10 of 12
Section 38: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
Section 39: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance to amend miscellaneous "clean-up" code changes to
Title 17 (Zoning) of the City's Municipal Code in order to clarify ambiguous language,
remove language discrepancies, simplify or modify certain requirements, and codify
existing policy procedures and/or application requirements. (Planning Case
No. ZON2011-00023).
PASSED, APPROVED, AND ADOPTED this 23rd day of August 2011, by the
following vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Leon, Lewis, Vice Chairman
Tetreault and Chairman Tomblin
NOES: None
ABSTENTION: None
ABSENT: None
RECUSALS: None
David L. Tomblin
Chairman
Joel Rojas, AICP
Community Development Director, and
Secretary to the Planning Commission
P.C. Resolution No. 2011- 32
Page 11 of 12
EXIBIT "A"
(Coastal Zone Diagram attached)
P.C. Resolution No. 2011-32
Page 12 of 12
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