RPVCCA_CC_SR_2012_02_21_01_Correction_To_Clean_Up_Amendments_To_Dev_Code
RANCHO PALOS VERDES
PUBLIC HEARING
Date: February 21, 2012
Subject: Correction to the Recent Minor Miscellaneous “Clean Up”
Amendments to the City’s Development Code (Case No. ZON2011-
00023)
Location: Citywide
1. Declare the Hearing Open: Mayor Misetich
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: Associate Planner Mikhail
4. Public Testimony:
Appellants: N/A
Applicants: N/A
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Misetich
8. Council Deliberation:
9. Council Action:
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CITY OF RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR &CITY COUNCIL ~
JOEL ROJAS,AICP,COMMUNITY DEVELOPM~6IRECTOR
FEBRUARY 21,2012
SUBJECT:CORRECTION TO THE RECENT MINOR MISCELLANEOUS
"CLEAN-UP"AMENDMENTS TO THE CITY'S DEVELOPMENT
CODE (CASE NO.ZON2011-00023)
REVIEWED:CAROLYN LEHR,CITY MANAGER oS2--
Project Manager:Leza Mikhail,Associate Planner ~
RECOMMENDATION
Introduce Ordinance No._,an ordinance of the City of Rancho Palos Verdes approving
an inadvertent amendment made to Section 17.02.030(0)(4)(Roof Decks and Balconies)
as part of the recent Minor Miscellaneous "Clean-Up"Amendments to Title 17 (Zoning of
the City's Municipal Code via Ordinance No.529 (Planning Case No.ZON2011-00023).
BACKGROUND
The City Council adopted a number of miscellaneous "clean-up"code changes to Title 17
(Zoning)of the City's Municipal Code in November 2011.Shortly after the code
amendments were adopted,Staff noticed that an inadvertent amendment was made to
Paragraph 4 of Section 17.02.030(0)(Roof Decks and Balconies).Specifically,the wrong
portion of the section was amended.
On January 24,2012,after holding a duly noticed public hearing,the Planning Commission
approved,via Minute Order,the recommended code correction to Section 17.02.030(0)(4)
(Roof Decks and Balconies)that is now being presented to the City Council.A public notice
describing the public hearing on this issue before the City Council was published in the
Peninsula News on February 8,2012.
DISCUSSION
The intent of the proposed "clean-up"amendment to Section 17.02.030 (Roof Decks)of
the Development Code was to require the same privacy review for proposed balconies,as
is done for proposed roof decks.To implement this,the pre-existing Development Code
Section 0 was intended to be amended as follows:
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D.Roof Decks and Balconies
1."Deck"means a platform that is freestanding or attached to a building or
structure.A deck attached to,and projecting beyond,the vertical surface of a
building or structure which is located a minimum of eight feet above adjacent
grade shall be considered a balcony.'
2.Decks located upon the roof of a primary building shall be permitted,except
for the following decks which shall be prohibited:
a.Decks which are not directly accessible from habitable floor area located
on the same level as the deck;
b.Decks which are solely accessed by exterior stairs,a roof hatch,or both
(or other similar openings);and
c.Decks located entirely on the roof of an accessory structure or detached
garage.
3.As required in Section 17.02.030(8)(1)(g),a roof deck or balcony that
exceeds eighty square feet or projects more than six feet from the existing
building shall not be approved unless determined to be compatible with the
existing neighborhood.
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.Any outdoor furnishings,accessories or plants located on a "roof deck"
shall not exceed a height of eight feet or the bottom of the roof eave,
whichever is lower,as measured from the finished floor of the deck;and
c.Any outdoor furnishings,accessories or plants located on a "roof deck"
which exceed the height limits established in Section 17.02.040,shall not
significantly impair a view from surrounding properties.
Instead,the Section was inadvertently amended to delete then-existing paragraphs (b)
and (c)from Paragraph 4 and were inadvertently replaced with paragraphs (b)and (c)
from Paragraph 2 as follows:
D.Roof Decks and Balconies
1."Deck"means a platform that is freestanding or attached to a building or
structure.A deck attached to,and projecting beyond,the vertical surface of a
building or structure which is located a minimum of eight feet above adjacent
grade shall be considered a balcony.
2.Decks located upon the roof of a primary building shall be permitted,except
for the following decks which shall be prohibited:
a.Decks which are not directly accessible from habitable floor area located
on the same level as the deck;
b.Decks which are solely accessed by exterior stairs,a roof hatch,or both
(or other similar openings);and
c.Decks located entirely on the roof of an accessory structure or detached
garage.
3.As required in Section 17.02.030(8)(1 )(g),a roof deck or balcony that1-3
exceeds eighty square feet or projects more than six feet from the existing
building shall not be approved unless determined to be compatible with the
existing neighborhood.
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.Any outdoor furnishings,accessories or plants located on a "roof deck"
shall not exceed a height of eight feet or the bottom of the roof eave,
whichever is IO'ove r,as measured from the finished floor of the deck;and
c.Any outdoor furnishings,accessories or plants located on a "roof deck"
'"hich exceed the height limits established in Section 17.02.040,shall not
significantly impair a 'lie'"from surrounding properties.
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.
In order to correct this inadvertent amendment,Staff is presenting an Ordinance with the
correct amendment as shown in the attached Ordinance to correct Section 17.02.030(D)(4)
(Roof Decks and Balconies)as described in this Staff Report.
ATTACHMENTS
•Ordinance No.
1-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING AN INADVERTENT AMENDMENT MADE TO SECTION
17.02.030(D)(4)(ROOF DECKS AND BALCONIES)AS PART OF THE
RECENT MINOR MISCELLANEOUS "CLEAN-UP"AMENDMENTS TO
TITLE 17 (ZONING)OF THE CITY'S MUNICIPAL CODE VIA ORDINANCE
NO.529 (PLANNING CASE NO.ZON2011-00023).
WHEREAS,on July 15,2011,the City Council authorized the initiation of a Code
Amendment 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,and codify existing policies and procedures and/or application requirements;
and,
WHEREAS,on August 1,2011,a 1/8 page Public Notice was published in the
Peninsula News,advertising a duly noticed public hearing before the Planning Commission
regarding the proposed "clean-up"code amendments.Staff did not receive any public
comments as a result of the public notice;and,
WHEREAS,on August 23,2011,the Planning Commission reviewed the list of
Staffs proposed "clean-up"code amendments that were arranged by 17 topics,provided
Staff with its feedback on all the proposed amendments,which included deleting some
amendments,modifying the proposed code language of some amendments and requesting
further review by the City Attorney on some amendments,and continued the public hearing
to September 27,2011;and,
WHEREAS,on September 27,2011,the Planning Commission adopted P.C.
Resolution No.2011-32,thereby 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;and,
WHEREAS,pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et seq.("CEQA"),the State's CEQA Guidelines,
California Code Regulations,Title 14,Section 1500 et seq.,the City's Local CEQA
Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement),the City determined that there is no substantial evidence that the approval of
Planning Case No.ZON2011-00023 would result in a significant adverse effect on the
environment.Accordingly,Addendum No.2 to the Negative Declaration,which was
prepared in conjunction with the adoption of Ordinance No.510,was adopted by the City
Council on November 1,2011;and,
WHEREAS,on November 1,2011,after conducting a duly noticed public hearing,
the City Council reviewed the proposed "clean-up"code amendment and adopted
Ordinance No.529,thereby approving the miscellaneous "clean-up"code amendments
recommended by the Planning Commission;and,
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WHEREAS,shortly after the City Council adopted Ordinance No.529,Staff noticed
an inadvertent error in the amendment to Paragraph 4 of Section 17.02.030(D)(Roof Decks
and Balconies).Specifically,the wrong portion of the section was amended;and,
WHEREAS,on January 24,2012,the Planning Commission reviewed and
approved,via Minute Order,the recommended code correction to Section 17.02.030(D)(4)
(Roof Decks and Balconies);and,'
WHEREAS,on February 8,2012,a public notice describing this correction and
public hearing before the City Council was published in the Peninsula News;and,
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1:The City Council independently reviewed and approved Addendum
No.2 to the Negative Declaration that was adopted in conjunction with the adoption of
Ordinance No.510,on November 1,2011.The City Council found that none of the
miscellaneous "clean-up"code amendments would have a significant adverse effect on the
environment and,therefore,found that the proposed amendments would not introduce new
significant environmental effects that were not already analyzed in the certified Negative
Declaration.Additionally,the project did not include changed circumstances or new
information,which were not known at the time the Negative Declaration was certified,that
would require the preparation of a subsequent environmental analysis pursuant to the State
CEQA Guidelines.Accordingly,Addendum #2 (Exhibit 'A');to the Negative Declaration was
certified as having been prepared in compliance with the provisions of the California
Environmental Quality Act.As the proposed code amendment is a minor correction to the
previously approved code amendment as referenced under Addendum No.2 discussed
above,an additional environmental review is not required.
Section 2:The City Council has reviewed and considered the amendments to
Title 17 (Zoning)of the City's Municipal Code.
Section 3:The City Council finds that the amendments to Title 17 of the
Municipal Code are consistent with California Government Code Section 65853,zoning
amendment procedures.
Section 4:The City Council 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.
Section 5:The City Council finds that the amendments to Title 17 are necessary
to preserve the public health,safety,and general welfare in the area.
Section 6:Chapter 17.02 of Title 17 of the Rancho Palos Verdes Municipal Code
is hereby amended by adding new Section 17.02.035 thereto to read as follows (the
underlined text represents new language):
Ordinance No.
Page 2 of4
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D.Roof Decks and Balconies
1."Deck"means a platform that is freestanding or attached to a building or
structure.A deck attached to,and projecting beyond,the vertical surface of a
building or structure which is located a minimum of eight feet above adjacent
grade shall be considered a balcony.
2.Decks located upon the roof of a primary building shall be permitted,except
for the following decks which shall be prohibited:
a.Decks which are not directly accessible from habitable floor area located
on the same level as the deck;
b.Decks which are solely accessed by exterior stairs,a roof hatch,or both
(or other similar openings);and
c.Decks located entirely on the roof of an accessory structure or detached
garage.
3..As required in Section 17.02.030(B)(1 )(g),a roof deck or balcony that
exceeds eighty square feet or projects more than six feet from the existing
building shall not be approved unless determined to be compatible with the
existing neighborhood.
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 ",,,'hich are solely accessed by exterior stairs,a
roof hatch,or both (or other similar openings);and Any outdoor
furnishings.accessories or plants located on a "roof deck"shall not
exceed a height of eight feet or the bottom of the roof eave.whichever is
lower.as measured from the finished floor of the deck;and
c.Roof decks and balconies located entirely on the roof of an accessory
structure or detached garage.Any outdoor furnishings.accessories or
plants located on a "roof deck"which exceed the height limits established
in Section 17.02.040.shall not significantly impair a view from surrounding
properties.
Section 7:The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all applications that are filed after the effective date
this ordinance.
Section 8:Severability.If any section,subsection,subdivision,sentence,clause,
phrase,or portion of this ordinance or the application thereof to any person or place,is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction,such decision shall not affect the validity of the remainder of this ordinance.The
City Council hereby declares that it would have adopted this ordinance,and each and every
section,subsection,subdivision,sentence,clause,phrase,or portion thereof,irrespective of
the fact that anyone or more sections,subsections,subdivisions,sentences,clauses,
phrases,or portions thereof be declared invalid or unconstitutional.
Section 9:The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15)days after its passage,in accordance with the
provisions of Section 36933 of the Government Code.The City Clerk shall further certify to
Ordinance No.
Page 3 of4
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the adoption and posting of this Ordinance,and shall cause this Ordinance and its
certification,together with proof of posting,to be entered in the Book of Ordinances of the
Council of this City of Rancho Palos Verdes.
Section 10:This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31 st day after its passage.,
PASSED,APPROVED and ADOPTED this 21 st day of February 2012.
Anthony M.Misetich,Mayor
ATTEST:
Carla Morreale,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do hereby certify
that the whole numbers of the City Council of said City is five;that the foregoing Ordinance
No._was duly and regularly adopted by the City Council of said City at a regular meeting
thereof held on February 21,2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
Ordinance No.
Page 4 of4
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