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PC RES 2003-062
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE ADOPTING AMENDMENTS TO TITLE 17 OF THE CITY'S MUNICIPAL CODE, THE HEIGHT VARIATION GUIDELINES, AND THE NEIGHBORHOOD COMPATIBILITY HANDBOOK, RE- AFFIRMING THE CITY'S HISTORICAL INTERPRETATION AND APPLICATION OF THE 16 -FOOT HEIGHT REQUIREMENT AND CLARIFYING THE HEIGHT VARIATION FINDINGS FOR CITYWIDE RESIDENTIAL ZONED NEIGHBORHOODS. WHEREAS, on November 25, 1975, the City's first Development Code was adopted establishing the City's 16 -foot height limit and establishing a discretionary review process for any individuals seeking to construct a residence exceeding 16 -feet (Height variation Permit process), and, WHEREAS, in 1979, the Development Code was amended to clarify that the Height Variation Permit process applies to both new residences and additions to existing residences; and, WHEREAS, on November 7, 1989, the voters of the City of Rancho Palos Verdes approved Proposition M (Cooperative Preservation and Restoration Ordinance) which was incorporated into the Development Code, and, WHEREAS, between 1996 and 1997, the City approved a mayor update and overhaul of the Development Code, which among other things, clarified how to measure the 16 -foot height limit on pad lots; and, WHEREAS, on February 8, 2003 the City Council held a point workshop with the Planning Commission to discuss, among other things, the interpretation of existing codes and the Height Variation Permit Findings involving the protection of residents' views from proposed construction At the meeting, the City Council directed Staff to bring forward ideas to the Council at a future meeting to clarify or resolve the issues; and, WHEREAS, on June 24, 2003, the Planning Commission was asked to review and provide feedback on the content and format of a draft Staff Report to the City Council regarding the clarification and interpretation of existing codes and the Height Variation Permit findings. The Planning Commission continued the discussion and directed Staff to come back with more information regarding the historical interpretation and application of the 16 -foot height limit and the Height Variation Permit findings; and, P.C. Resolution No. 2003-62 Page 1 of 7 WHEREAS, on July 15, 2003, the City Council, at the request of a Council member, discussed the issues pertaining to the existing Development Code and the Height Variation Permit findings At the meeting, the City Council unanimously reaffirmed the historic interpretation and application of the 16 -foot height as being a "by -right" height limit for all residential properties in the City and clarified the interpretation of specific Height Variation Permit Findings, and, WHEREAS, at its July 15th meeting, the City Council initiated code amendment proceedings in order to codify its interpretation and clarification of the 16 -foot height limit and the Height Variation Permit Findings, and, WHEREAS, on August 9, 2003 a notice was published in the Palos Verdes Peninsula News; and, WHEREAS, on August 26, 2003, the Planning Commission continued, without the discussion, the public hearing to its September 9, 2003 meeting, and then to its September 23, 2003 meeting, and, WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a "'public hearing on September 23, 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, after reviewing the proposed text amendments, the Commission directed Staff to prepare precise language for consideration at its October 28, 2003 meeting and continued the public hearing, and, WHEREAS, at its October 28, 2003 and November 25, 2003 meetings, the Planning Commission continued the public hearing, without discussion, to its December 9, 2003 meeting, and, WHEREAS, the Planning Commission continued the public hearing proceedings at its December 11, 2003 meeting, reviewed and considered the proposed code amendments to Title 17 and forwarded its recommendations to the City Council for its consideration 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 P C Resolution No 2003-62 Page 2 of 7 Section 2: The Planning Commission finds that the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures Section 3: The Planning Commission finds that the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 4: • The Planning Commission finds that the amendments to Title 17 are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Title 17 shall be construed as a restatement and continuation of the previous provisions and as new enactment. Section 5: The Planning Commission further finds 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 reaffirm the historic interpretation and application of the 16 -foot height requirement and clarify the Height Variation Findings An Addendum (No 10) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit `A'. The Planning Commission hereby finds, based on its own independent judgment, that the facts stated in the Addendum are true because the minor revisions to the Development Code will strengthen the Code and will not result in greater environmental impacts in the City Section 6: The Planning Commission finds that the amendments to Title 17 are necessary to preserve the public health, safety, and general welfare in the area Section 7: Paragraph B of Section 17 02 040 of Title 17 are hereby amended to read as follows: 17 02 040 View Preservation and Restoration. B. Regulations 1. Building Height Any individual or persons desiring to build a new structure or an addition to an existing structure shall be permitted to build uta to sixteen feet in height pursuant to Section 17.02.040(B) of this Chapter provided there is norg ading, as defined in Section 17 76.040 of this cha tep r, to be performed in connection with the proposed construction and all applicable residential development standards are being P C Resolution No 2003-62 Page 3 of 7 met All proposed structures or additions to existing structures exceeding sixteen feet in height, may apply for a height variation permit, which, if granted pursuant to the procedures contained herein, will permit the individual to build a structure not exceeding twenty-six feet in height, except as provided in Section 17.02.040(B)(1)(d) of this chapter, or such lower height as approved by the city, measured as follows Section 8: Paragraph C subsection (1)(e) of Section 17 02 040 of Title 17 is hereby amended read as follows C Procedures and Requirements 1. Preservation of Views Where Structures are Involved e A Height Variation application to build a new structure or an addition to an existing structure at a height that exceeds the sixteen foot height limit up to the maximum height permitted in Section 17.02.040(B)(1) of this chapter may be granted, with or without conditions, if the following findings can be made: i The applicant has complied with the early neighbor consultation process established by the city; ii The structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the city's general plan or coastal specific plan, as city -designated viewing areas; iii. The proposed structure is not located on a ridge or a promontory, vi. iv The area of a proposed new structure or addition to an existing structure that is above sixteen feet, as defined in Section 17.02.040(B) of this Cha tp er, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel This finding shall also applytproposed portions of a new structure or proposed addition to an existing structure that are below 16 -feet in height if said new portions are attached to and directly below the new portions above 16 -feet. 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 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; ice. v If view impairment exists but it is determined not to be significant as described in Finding No. iv, is the proposed new structure or proposed addition to an existing structure that is above sixteen feet in height designed and situated in such a manner as to reasonably minimize the impairment of a view This finding shall also apply to the proposed portions of a new structure or proposed addition to an existing structure that are below 16 -feet in height if said new portions are attached to and directly below the new portions above 16 -feet; P.C. Resolution No 2003-62 Page 4 of 7 vi. 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; vii The proposed structure complies with all other code requirements, viii. The proposed structure is compatible with the immediate neighborhood character, ix The proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Section 9: Table 02-A Single -Family Residential Development Standards of Section 17.02.040 of Title 17 is hereby amended to read as follows TABLE 02-A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS For exceptions and explanatory descriptions of these standards and for other development standards that apply to single-family residential areas see Articles VI and VII of this title The number which follows an 'RS-" designation indicates the maximum number of lots per acre permitted in the zone the "RS A number indicates the minimum number of acres per lot permitted I For an existing lot which does not meet these standards, see Chapter 17 84 (Nonconfomunes) 2 Lots of record. existing as of November 25. 1975 (adoption of this code) or within Eastview and existing as of January 5 1983 (annexation) shall use these development standards for minimum setbacks 3 For description, clarification and exceptions see Chapter 17 48 (Lots Setbacks Open Space Area and Building Height) 4 For a description of height measurement methods and the height variation process, see Section 17 02.040 of this chapter .A height variation application shall be referred directly to the planning commission for consideration 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 B The area of the structure which exceeds sixteen (16) feet in height (second story footprint) exceeds seventy five percent (75%) of the existing first story footprint area (residence and garage) and 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) 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 5 For parking development standards see Section 17 02.030(B) of this chapter 6 A garage with direct access driveway from the street of access shall not be less than twenty feet from the front or street side property line, which ever is the street of access 7 Exterior stairs to an upper story are prohibited unless leading to and/or connected to a common hallway deck or entry rather than a specific room B---T#fid sha:.r rz-; ; ..�aei;-for these pertaans-ofstwettire:r hr-sr.;-teetr-€eet-in-height-.-11-be-a- mini nwrri-o€-twertty-Eike-€eettn a"„-r�,4; ::onina dtstact� P.C. Resolution No 2003-62 Page 5 of 7 LOT MINIMUM SETBACKS''` MINIMUM SETBACKS'-•'` MAXIMUM MAXIMUM PARKING DISTRICT DIMENSIONS' FOR CITY CREATED LOTS FOR LOTS PRIOR TO LOT HEIGHT'" REQUIREMENT' INCORPORATION / ANNEXATION COVERAGE FRONT INTERIOR STREET REAR less than 5,000 s.f AREA WIDTH DEPTH FRONT IN'fhRIOR STREET REAR SIDE SIDE of habitable space SIDE SIDE = 2 enclosed ga TTL rage spaces BOTH ONE SIDES SIDE 5,000s.f or more of habitable space RS AS 5 acres 200 300 20 30 10 20 20 20 5 10 15 6% 16 = 3 enclosed go rage spaces RS I 1 acre 100 150 20 25 10 20 20 20 5 10 15 25% 16 RS 2 20,000 sf 90 120 20 20 10 20 20 20 5 10 15 40°l0 16 RS 3 13,000 sf 80 110 20 20 10 20 I5 20 5 10 15 45% 16 RS4 10,000 sf 75 100 20 20 10 20 15 20 5 10 15 50% 16 RS 5 8,000 sf 65 100 20 20 10 20 15 20 5 10 15 52% 16 I For an existing lot which does not meet these standards, see Chapter 17 84 (Nonconfomunes) 2 Lots of record. existing as of November 25. 1975 (adoption of this code) or within Eastview and existing as of January 5 1983 (annexation) shall use these development standards for minimum setbacks 3 For description, clarification and exceptions see Chapter 17 48 (Lots Setbacks Open Space Area and Building Height) 4 For a description of height measurement methods and the height variation process, see Section 17 02.040 of this chapter .A height variation application shall be referred directly to the planning commission for consideration 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 B The area of the structure which exceeds sixteen (16) feet in height (second story footprint) exceeds seventy five percent (75%) of the existing first story footprint area (residence and garage) and 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) 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 5 For parking development standards see Section 17 02.030(B) of this chapter 6 A garage with direct access driveway from the street of access shall not be less than twenty feet from the front or street side property line, which ever is the street of access 7 Exterior stairs to an upper story are prohibited unless leading to and/or connected to a common hallway deck or entry rather than a specific room B---T#fid sha:.r rz-; ; ..�aei;-for these pertaans-ofstwettire:r hr-sr.;-teetr-€eet-in-height-.-11-be-a- mini nwrri-o€-twertty-Eike-€eettn a"„-r�,4; ::onina dtstact� P.C. Resolution No 2003-62 Page 5 of 7 Section 10: Paragraph A of Section 17 48 050 of Title 17 is hereby amended read as follows: b A No portion of any building or structure shall exceed the maximum building height of sixteen feet listed in the district development standards except as follows Section 11: Paragraph E-2 of Section 17 76.040 of Title 17 is hereby amended to read as follows: The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the "viewing area" of neighboring properties This finding shall not apply when the proposed grading will lower the grade of the lot and will result in a structure that will create less view im ap irment than a structure that could have been built in the same location on the lot to the maximum building heights described in Section 17 02 040(B)of this Title; Section 12: In addition to the amendments contained herein, the Planning Commission hereby recommends that the City Council consider amending the Height Variation Guidelines and Neighborhood Compatibility Handbook for consistency with the code amendment language attached hereto as Exhibit `B' Section 13: 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 this 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 this ordinance Section 14: 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. Section 15: 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 amending Title 17 of the City's Municipal Code to affirm the historical interpretation and application of the 16 -foot "by right" height limit, clarify the Height Variation Permit Findings, and amend the Height Variation Guidelines and the Neighborhood Compatibility handbook for consistency with the proposed Code Amendments. P.C. Resolution No. 2003-62 Page 6 of 7 110% � PASSED, APPROVED, AND ADOPTED this 0 day of December, 2003, by the following vote: NOES: Nam al Rpjas, AlqP ectr of Pla ning� uilding d de Enfr eW nt, and, c_ etary to the Planning Commission I IF 1� .;=Fw4u , 01IMM Craig Mueller Vice -Chairman P C Resolution No. 2003-62 Page 7 of 7 ADDENDUM NO. 10 TO ENVIRONMENTAL ASSESSMENT/ NEGATIVE DECLARATION (EA/ND) NO. 694 December 11, 2003 On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a Negative Declaration for Environmental Assessment No. 694 for amendments to Titles 16 and 17 of the City's Municipal Code Prior to its adoption, the Negative Declaration was circulated for public comment from March 4 through March 24, 1997 and no substantive comments were received from any persons or responsible agencies. In adopting the Negative Declaration, the City Council found. 1) that there would be no significant adverse environmental impacts resulting from the adoption of the amendments, 2) that many of the amendments were clarifications and minor non - substantive revisions, and 3) that the substantive amendments would reduce impacts on the environment since the requirements and regulations governing development in the City would generally be strengthened, thereby further reducing any adverse impacts to adjacent properties and upon the environment I The Planning Commission is currently recommending to the City Council an amendment to Title 17 of the Development Code, as it pertains to reaffirming the historical interpretation and application of the 16 -foot height limit and clarifying the Height Variation and Grading Permit findings. The proposed amendments clarify the existing Code requirements and provide the decision makers, Staff and the public with clearer direction on how to process residential development applications As such, the Planning Commission has independently reviewed this item and determined that the proposed amendments will not result in any new significant environmental effects. Furthermore, the Planning Commission finds that the amendments are within the scope of EA/ND No. 694 that were prepared and adopted in conjunction with the amendments to Titles 16 and 17, that were adopted on April 19, 1997 by the City Council As a result, the Planning Commission recommends that no further environmental review is necessary other than the adoption of this Addendum No 10 Exhibit "A" P C Resolution No 2003-62 Page 1 of 1 AMENDED EXCERPTS OF THE HEIGHT VARIATION GUIDELINES AND THE NEIGHBORHOOD COMPATIBILITY HANDBOOK _a P.C. Resolution No. 2003-62 Exhibit `B' 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 subcommurnty development in the General Plan d Require the pruning of dense forage 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 the sixteen foot height lirnit,'as defined,irisecficn 17 02 040 of ,& Ranch© --Palos .1%erdes` Mur icil 4,Q dbexcept that paragraph H of Section 2 - Removal of Foliage as Condition of Permit Issuance, applies to any residential structure, regardless of height The 1 Lfoat l ehght Irma Is, commonlyii� erred 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 Page 1 Height Variation Guidelines May 6, 2003 are not acceptable. An application will not be considered "complete" for processing without an adequately constructed silhouette in place 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(6)(1) of the Municipal Code states that: 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 on next page) - Page 7 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 The, portion of.,a structure that exceeds sixtedn.f6i Page 10 Height Variation Guidelines May 6, 2003 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;'area..of�,a; proposed.new structure .or addition to an .existing Lire. that:,, is._above..thb.-,sixteen:�feet;..as ined in;.Section:,1,7,.02 Uliof'this er, .when consid'e.red exciusve -of existing: folage;.:does: not sig,nif.e; s ant,y :AMOW from' the �i4ewing,area of another::parcel Ttis findma shat! also attached to_and directlit below. the:new portions,above':1`6=fee.t.*. t 6 vrewrng area 'Atedfa structure, 'the viewing area shah; :ber 1`ocated: in ;a ;portion :of a structure. which was constructed without a height V,ariation- permit orvariance,. or which would, not haye; required. a height-variation-orwariance: when originally constructed had this; section; as approved ,y a , d: voters on- November 7,.1,989; been m effect.at.�the tiMe. the structure was constructed, unless. the "wiewing area located::in the portion: of the existing: structure whlch.:required..a height variation permit orwr ance constitutes the primary'living area (i ving�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 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 Page 12 Height Variation Guidelines May 6, 2003 (d) Views will be analyzed without respect to foliage existing on properties within 10007feet 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 (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 6.5. "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, Page 13 Height Variation Guidelines May 6, 2003 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 The b6iti6nt'of a structure.;that.exceeds.sixteen=feet:>in e 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 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 Page 16 3. Garage The location and size of a garage should not dominate the street view of a residence Furthermore, a garage and its driveway (direct or indirect) should be sited based on the pattern of the neighborhood. 4. Streetscape Patterns In an established neighborhood, the streetscape should be preserved, especially if it is commonly seen throughout the area. 5. Neicthbors' Views Design Tip: When a residence has more than three bedrooms, there may be a practical need for added garage space. Design Tip: Energy Conservation • Use large roof overhangs. • Plant deciduous trees on south and west elevations. • Use windows for maximum natural light • Use windows to create through airflow for natural { ventilation • Ventilate attic spaces • Use porches, covered patios and the like to buffer the residence from heat gain. 6. Grading Excessive grading used to create a building pad should be avoided Rather, grading should be designed to respect the natural terrain with minimal site disturbance. Grading Natural features such as the natural slope of the land, significant trees and their root systems, existing vegetation, and any other natural site attributes should be preserved and taken advantage of in the design of a project B. LOT COVERAGE Lot coverage is primarily intended to regulate the relationship between lot size and building footprint. A structure should be designed in a manner that does not appear too big for the lot A project that maximizes the lot coverage requirement, but is within the Code limit, is discouraged. 4 — — Lot Coverage —0. Rancho Palos Verdes Neighborhood Compatibility Handbook ECJ 7. The placement of windows on a second story should not compromise the privacy of a neighbor. 8. Window materials should be consistent with the original materials. 9 An addition to an existing residence should appear as if it were part of the original structure by incorporating design details that are true to the architectural style represented in the existing structure. 10 The use of a blank facade that faces a street should be avoided Design Tip: The privacy of your neighbor should be preserved by carefully locating and sizing windows and decks/balconies B. HEIGHT OF STRUCTURES The height of a structure should be compatible with the size of a lot, as well as the context of the surrounding neighborhood The City of Rancho Palos Verdes, by the vote of the citizens on November 7, 1989, adopted procedures and decision criteria for evaluating the height of new residences and additions to existing residences that exceed the established height limits. Pursuant to Section 17 02 030(B) of the RPVMC, the established height limit is based on the type of lot (upslope, downslope, pad, or other) As part of the adopted procedures, a Height Variation Permit process was created to consider �alie' the construction cif a structure, #hat exceeds the' Cit 's 1. The height of a structure should be compatible with the established building heights in the neighborhood 2. The height of a structure should be proportionate to the front yard setback 3. The second story of a structure should be setback from the first story Design Tip. The privacy of a neighbor can be preserved by placing windows high on a wall to provide light and ventilation, but avoid views onto an adjacent property 4 The height of a structure on a sloping lot should respect the natural topography. 5 The height of a structure should be carefully designed to respect views, Section -17 02 040.of.the'RPV-MC, from neighboring properties. Altl ou Rancho Palos Verdes Neighborhood Compatibility Handbook 20