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PC RES 1983-015RESOLUTION P. C. NO. 83-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING ADOPTION OF COASTAL SPECIFIC PLAN AMENDMENT NO. 3 TO ALLOW MINOR ADDITIONS IN SUBREGION 6, AND CODE AMENDMENT NO. 19, REVISING MISCELLANEOUS SECTIONS OF THE DEVELOPMENT CODE. WHEREAS, Coastal Specific Plan Amendment No. 3 is necessary to permit construction of minor additions in Subregion 6; and WHEREAS, the City Council of the City of Rancho Palos Verdes has initiated Code Amendment No. 19 for miscellaneous revisions to the Zoning and Subdivision Ordinances of the Municiipal Code; and WHEREAS, the Planning Commission has held a public hearing on this matter on September 13, 1983 and September 27, 1983 at which times all interest- ed parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, The Planning Commission of the City of Rancho Palos Verdes does hereby recommend to the City Council as follows: Section 1: That the Coastal Specific Plan Amendment is consistent with the intent of the Coastal Specific Plan and the Coastal Act; Section 2: That the Code revisions are necessary to correct, clarify, and amend the language of the Code. Secttion 3: That the proposed Amendments are consistent with the General Plan. Section 4: That a negative declaration was issued for the project. Section 5: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby recommends approval of Coastal Specific Plan Amendment No. 3 and Code Amendment No. 19 pursuant to "Exhibit A" attached. PASSED, APPROVED and ADOPTED this 27th day of September, 1983. Secretary to the Commission "EXHIBIT A" RECOMMENDED AMENDMENT TO THE COASTAL SPECIFIC PLAN (NO. 3) Change (p. S6-12) POLICY 5 Allow the existing units in hazard areas to remain and the land under them to be subdivided but no new structures or additions, except minor additions, to structures shall be permitted, except that an existing structure which is damaged may be restored on the same foundation, provided the owner files a non -suit covenant with the City relieving the City of responsibility related to whatever hazard may exist, and said restoration will not aggravate the current condition. RECOMMENDED AMENDMENTS TO THE DEVELOPMENT CODE (No. 19) Change (p. 191) 16.04.190 Building. "Building" means any fixed structure consisting of wall(s) and roof built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. "Building" shall not mean a "mobile home" or "trailer". Add (p. 200-3) 16.04.1011 Retaining Wall "Retaining Wall" means a wall which holds back earth and which is constructed to Rancho Palos Verdes Building Code standards. Add (p. 200-3) 16.04.1012 Retaining Wall, Downslope. "Downslope retaining wall" means a retaining wall which is located downslope from the primary structure. Add (p. 200-3) 16.04.1013 Retaining Wall, sideyard "Sideyard Retaining Wall" means a retaining wall which is located in or along those lot lines which are at right angles to the front property line. Add (p. 200-3) 16.04.1014 Retaining Wall, Upslope. "Upslope Retaining Wall" means a retaining wall which is located upslope from the primary structure. Change (p. 203) 16.04.1250 Trailer. "Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for recreational purposes or for carrying persons and property, including trailer coach and travel trailer. -1- EXHIBIT "A" RESOLUTION P. C. NO. 83-15 9 0 Change (p. 223) 17.02.020.A. Single-family residential buildings, mobile homes per Planning and Zoning Law Section 65852 and associated accessory buildings for the residential use and occupancy of not more than one family and not more than one dwelling unit per lot; Add (p. 223) 1117.02.020.H. From July 16, 1984 rental of portions of residences to the 1984 Olympic Games;" Renumber (p. 223) 17.02.020.H to 17.02.020.1 Change (p. 227) through August 19, 1984, the to provide housing for visitors 17.04.020.A. Single-family and multiple -family residential and associated accessory buildings for the residential use and occupancy of not more than one family per dwelling unit and related recreational and community facilities for the use of the residents of the development. All new multiple -family developments permitted only with a conditional use permit pursuant to Chapter 17.56; Add (p. 227) "17.04.020.D. From July 16, 1984 rental of portions of residences to the 1984 Olympic Games.' Change (p. 245) through August 19, 1984, the to provide housing for visitors 17.12.060.B The keeping or maintaining of wild animals, as defined in 6.04.230, or large domestic animals not specifically authorized elsewhere; Change (p. 249) 17.14.020.D.2.C. The developer shall be entitled to not more than 3 votes for each subdivision interest owned by him provided that the developer's separate voting class shall be eliminated when the following occurs: (i) For single-phase development, elimination of the developer's separate voting class upon equal numbers of votes in each class, or 3 years from the date of recordation of the declar- ation, which ever occurs first. (ii) For multi -phase development, the elimination of the developer's separate voting class upon equal number of votes in each class, or the second anniversary after the original issuance of the most recently issued public report for a phase of the development, whichever occurs first. Under no circum- stances shall the separate voting class for the developer exist after the fourth anniversary of the original issuance of the subdivision public report for the first phase. -2- EXHIBIT "A" RESOLUTION P. C. NO. 83-15 Change (p.265) 17.34.060.B. Coastal Setback Zone. The Coastal Setback Zone comprises an area in which new development is prohibited. Residential density credit will be granted only for areas proven to the City's satisfaction to be stable. No new permanent structures shall be allowed closer than twenty-five feet to the Coastal Setback Zone. One minor addition under 250 square feet may be made to each residence which is totally within the zone and was existinq as of December 26, 1975, which addition requires no gracing, nas no approved by the Ci Change (p. 280) umbing, anc tor wnicn a geology report is oqist. 17.42.020.A. Front and Street -side Setback Areas. Fences, walls and hedges up to forty-two inches in height shall be permitted within the front or street -side setback areas, except as restricted in 17.42.060. 17.42.020.C.2. The height of the retaining wall portion may not exceed the maximum limits as permitted in Section 17.50.070. When the wall, fence or hedge is combined with a retaining wall, the total height may not exceed forty-two inches in the front or street -side setback as measured from the front or street -side, except as restricted in 17.42.060. Change (p. 281) 17.42.030.A.3. On corner lots, no obstruction to intersection visibility as identified in 17.42.060. Renumber (p. 281) 17.42.030.A.3 to 17.42.030.A.4. Change (p. 282) 17.42.060 Intersection Visibility. On corner lots in all districts, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within the triangular space formed by the intersection curblines and a line joining points on the curb sixty feet (measured along the curblines) from the point of intersection of the curbline extensions. In districts where the required front or street - side setbacks permit construction of a building within this triangular space, fences, walls, other structures or shrubbery behind the required front or street -side setback line is exempted. Trees which are trimmed to the trunk to a height at least six feet above the nearest street curb elevation are also exempted. Conditions existing as of effective date of the ordinance codified in this Chapter which do not conform to this Chapter need only be brought into compliance upon the findings, by resolution of the City Council, that a hazard to public safety exists. Add (p. 330) 17.70.033 SUSPENSION OR REVOCATION OF PERMITS. The officer or body taking final action granting any permit pursuant to the provision of this Title may, after following the same procedures utilized for approving such a permit, revoke or suspend the permit if: A. The permit was issued erroneously; or -3- EXHIBIT "A" RESOLUTION P. C. NO. 83-15 B. The permit was issued on the basis of incorrect or fraudulent information supplied by the applicant; or C. The permit was issued contrary to the provisions of the Municipal Code; or D. The permit is being, or recently has been, exercised contrary to the terms or conditions of such permit. No permit shall be revoked prior to providing notice to the holder of the permit and an opportunity to be heard before the officer or body considering revocation or suspension of the permit. Any decision to revoke or not to revoke a permit may be appealed by any interested party. 17.70.037 Penalty Fees. The fees & charges made pursuant to the Development Code and other policies of the City of Rancho Palos Verdes adopted by resolution of the City Council shall be doubled when work requiring a permit has been started or carried on prior to obtaining said permit. A non-refundable $100 penalty fee shall be charged for deposit applications. -4- EXHIBIT "A" RESOLUTION P. C. NO. 83-15