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RPVCCA_SR_2010_06_15_19_RDSSC_Code_AmendmentCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,AICP,co~rr)t(DEVELOPMENT DIRECTOR \J V JUNE 15,2010 PLANNING CASE NO.ZON2007 -00377 (CODE AMEND- MENT,ZONE CHANGE AND ENVIRONMENTAL ASSESS- MENTt RESIDENTIAL DEVELOPMENT STANDARDS STEERING COMMITTEE CODE AMENDMENT AND ZONE CHANGE CAROLYN LEHR,CITY MANAGER et2- Kit Fox,AICP,Associate Planner~ RECOMMENDATION Reintroduce Ordinance No.510,thereby amending miscellaneous provisions of Title 17 (Zoning)of the City's Municipal Code and the City's Zoning Map,as recommended by the Residential Development Standards Steering Committee. DISCUSSION On June 1,2010,the City Council conducted a public hearing;adopted Resolution No.2010-43 for the Negative Declaration;and introduced Ordinance No.510 to enact amendments to miscellaneous provisions of Title 17 (Zoning)ofthe City's Municipal Code and the City's Zoning Map,as recommended by the Residential Development Standards Steering Committee. Subsequent to the City Council's action,Staff realized that the draft ordinance introduced on June 1,2010,would have applied not only to new applications submitted after its effective date,but also to all pending applications upon which a final decision had not yet been rendered by the City.Staff believes that imposing these new Code requirements upon applications that have already been submitted to (but not yet acted upon by)the City may impose a hardship upon some applicants since they have proceeded with their 19-1 MEMORANDUM:ROSSC Code Amendment (Case No.ZON2007-00377) June 15,2010 Page 2 projects in "good faith"reliance upon the Code as it currently exists.Therefore,Staff now recommends reintroducing Ordinance No.510 with the following revision to Section 19 (deletions struck out): 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 aN development applications that have not been decided upon prior to the effective date of the adoption of said ordinance. With the reintroduction of Ordinance No.510 at tonight's meeting,its second reading and adoption will be scheduled for the next available City Council meeting. CONCLUSION In conclusion,Staff recommends that the City Council reintroduce Ordinance No.510, thereby amending miscellaneous provisions of Title 17 (Zoning)of the City's Municipal Code and the City's Zoning Map,as recommended by the Residential Development Standards Steering Committee. Attachments: •Revised Draft Ordinance No.510 M:\Projects\ZON2007-00377 (Citywide,Residential Development Standards)\201 00615_StaffRpt_CC.doc 19-2 ORDINANCE NO.510 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING MISCELLANEOUS AMENDMENTS TO THE PROVISIONS OF TITLE 17 (ZONING)OF THE CITY'S MUNICIPAL CODE AND THE CITY'S ZONING MAP TO ENACT THE RECOMMENDATIONS OF THE RESIDENTIAL DEVELOPMENT STANDARDS STEERING COMMITTEE WHEREAS,in 2003 the City Council formed the Residential Development Standards Steering Committee (RDSSC)-composed of City residents,Planning Commissioners and City Councilmembers-and charged the RDSSC with the task of reviewing the City's residential development standards in relation to current housing construction trends.The ROSSC met for nearly two (2)years and eventually presented a summary of its recommended amendments to the City Council for its consideration; and, WHEREAS,on August 1,2006,the City Council authorized the initiation of a Code Amendment and Zone Change (Planning Case No.ZON2007-00377)to imple- ment the ROSSC recommendations;and, WHEREAS,after notices issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code,the Planning Commission conducted public hearings on November 13,2007,February 12,2008,March 11,2008,April 8,2008,May 13,2008, June 10,2008,July 8,2008,July 22,2008,September 8,2009,October 13,2009, November 10,2009 and December 8,2009,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 reports of those dates;and, WHEREAS,on December 8,2009,the Planning Commission adopted P.C. Resolution No.2009-52,thereby forwarding its final recommendations regarding the proposed ROSSC Code Amendment and Zone Change to the City Council;and, WHEREAS,pursuant to the provisions of the California Environmental Quality Act,Public Resources Code Sections 21000 ef seq.("CEQA"),the State's CEQA Guidelines,California Code of Regulations,Title 14,Section 15000 ef seq.,the City's Local CEQA Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste and Substances Statement),the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Planning Case No.ZON2007 -00377 would result in a significant adverse effect on the environment. Accordingly,a Draft Negative Declaration was prepared and circulated for public review for thirty (30)days between April 1,2010 and May 1,2010,and notice of that fact was given in the manner required by law;and, WHEREAS,after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code,the City Council conducted a public hearing on May 4,2010, May 18,2010,June 1,2010,and June 15,2010,at which time all interested parties 19-3 were given an opportunity to be heard and present evidence regarding the proposed revisions to Chapter 15.20 as set forth in the City Council Staff reports of those dates; and, WHEREAS,at its June 1,2010,meeting,after hearing public testimony,the City Council adopted Resolution No.2010-43 making certain findings related to the requirements of the California Environmental Quality Act (CEQA)and adopting a Negative Declaration for the proposed project. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1:The City Council has reviewed and considered the amendments to Title 17 of the Municipal Code. Section 2: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 3: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 preserve and enhance the community's quality living environment,and enhance the visual character and physical quality of existing neighborhoods. Section 4:The City Council finds 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:The City's Zoning Map,as codified in Section 17.88.020 of Title 17 and incorporated therein by reference,shall be amended such that the areas of the "Eastview"portion of the City that are currently zoned "RS-4"shall be re-zoned "RS-5,"as depicted in the areas outlined in red on the attached Exhibit 'A.' Section 6:The City's Zoning Map,as codified in Section 17.88.020 of Title 17 and incorporated therein by reference,shall be amended such that the "Mira Vista Overlay Control District (OC-5)"shall be established in the "Eastview"portion of the City. specifically affecting lots located within Tract No.16010,as recorded on September 8, 1949 in Book 353,Pages 23 through 29 (inclusive),of maps of the County of Los Angeles,including therein any lots created through the subsequent subdivision of the two hundred fifteen (215)original Jots in the tract,but excluding therefrom that portion of Lot 215 of Tract No.16010 that was subdivided as a portion of Tract No.21184,as recorded on September 28,1955 in Book 578,Pages 7 through 8 (inclusive),of maps of the County of Los Angeles;as depicted in the area outlined in blue on the attached Exhibit 'B.' Ordinance No.510 Page 2 of 16 19-4 Section 7:Section 17.40.080 of Title 17 is hereby established to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): 17.40.080 Mira Vista overlay control district (OC-5)and regulations A Purpose.The purpose of the Mira Vista overlay control district (OC-5)is established to: 1.Acknowledge the unique gualities of the overlay area,which is generallv characterized by very small homes on small lots,with substandard or no off-street parking facilities;and, 2.Allow for the modernization and enlargement of the homes in the overlay area,in a manner compatible with the unigue character of the neighborhood,and with the needs and desires of current property owners. B.Application.The Mira Vista overlav control district (OC-5)shall be applicable to lots located within Tract No.16010,as recorded on September 8,1949 in Book 353,Pages 23 through 29 (inclusive),of maps of the Countv of Los Angeles, including therein any lots created through the subsequent subdivision of the two hundred fifteen (215)original lots in the tract,but excluding therefrom that portion of Lot 215 of Tract No.16010 that was subdivided as a portion of Tract No.21184,as recorded on September 28,1955 in Book 578,Pages 7 through 8 (inclusive),of maps of the County of Los Angeles. C.Development Standards.The following development standards shall apply to lots subject to the Mira Vista overlay control district (OC-5).If not specified below,the RS-5 zoning district and other general development standards shall apply. 1.Minimum Setbacks.The following minimum building setbacks shall be maintained: Front 20' Interior Side 5' Street Side 10' Rear 15' 2.Front Entry Porch.A front entry porch shall be permitted to encroach into the reguired front-yard setback,provided that the following criteria are met: a.The footprint of the porch does not exceed 50 square feet in area; b.The footprint of the porch does not encroach more than 5 feet into the required front yard;and, c.The height of the porch does not exceed 16 feet in height or the highest roof ridgeline,whichever is lower. 3.Front-Yard Landscaped Area.If a Neighborhood Compatibility finding is required for a project,where applicable a landscaped parkway shall be provided by the property owner.Approvals for parkway landscaping shall be obtained from the Director of Public Works prior to issuance of building or grading permits.In addition,at least 50%of the front yard area shall be Ordinance No.510 Page 3 of 16 19-5 maintained as landscape area,in accordance with as defined in Section 17.48.030(0). 4.Driveways.In cases where a Neighborhood Compatibility finding is required for a project,if a garage is located in the rear of a property,a minimum 9-foot-wide driveway shall be provided that utilizes grass strips or "grasscrete."If a garage is located at the front of a property,a minimum 18-inch-wide landscaped area shall be provided between the side property line and the nearest edge of the driveway. 5.Garages.As alternatives to the minimum off-street parking requirements specified in Section 17.02.030(E),enclosed garage spaces may be provided as follows: a.Tandem parking spaces in an attached garage,provided that each garage space meets the minimum dimensions specified in Section 17.02.030(E);or, b.Detached garage encroaching to within five feet of the rear property line provided that: i.The each garage space meets the minimum dimensions specified in Section 17.02.030(E); ii.The maximum height of the garage does not exceed twelve feet;and, iii.The Director determines that the detached garage will not result in significant view impacts from the viewing area of any nearby properties. iv.All other development standards are met,including but not limited to lot coverage,side setbacks and construction on extreme slopes. 6.Lot Coverage.Notwithstanding the underlving zoning within the overlay control district area,the maximum permitted lot coverage shall be 52%,as defined in Section 17.02-040(A)(5J. Section 8:Table 02-A "Single-Family Residential Development Standards"of Section 17.02.030(A)of Title 17 is hereby amended to read as depicted in the attached Exhibit 'C'(the underlined text represents new language and the strikethrough text represents deleted language). Section 9:Section 17.02.040(A)(5)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): 5."Lot coverage"means that portion of a lot or building site which is occupied by any building or structure,including courtyards which are fully enG!osed or which have a maximum of one exterior entrance;trellises;decks over thirty inches in height (as measured from existing adjacent grade);parking areas;driveways;or impervious surfaces (impervious surfaces less than five feet in width and/or one patio area less than five hundred square feet in area shall be excluded from the Ordinance No.510 Page 4 of 16 19-6 lot coverage calculation).(The lot co'/erage of a courtyard which is not fully enclosed shall be calculated by the director as if it were fully enclosed by dray/lng an imaginary line betvleen the w-alls on either side of the entrance to the courtyard.When the 'IIa#13 on either side of the entrance are of uneven length, the imaginary !ine shall be an extension of the end of the waJl on the shortest side of the courtyard,see diagram be/ow.) Section 10:Section 17.48.040 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): An open space area shall be provided on each lot with a residential structure.Open space area shall not include any portion of a lot or building site which is within the definition of lot coverage,as defined in Section 17.02.040(A).Lot coverage shall not exceed the maximum area requirements established in the district development standards (see Table 02-A in Chapter 17.02).For purposes of calculating lot coverage, a private street easement area shall not be considered a part of the lot area.For flag lots,the "pole"portion of any flag lot that is encumbered by an access easement benefiting another property shall not be considered a part of the lot area.In no case shall any hardscape or other improvements within a private street easement or a flag-lot "pole"that is encumbered by an access easement be counted as lot coverage.In multiple-family residential units,private outdoor decks and balconies with one minimum horizontal dimension of seven feet which are designated for the exclusive use of the occupants of an individual unit may comprise up to thirty percent of required open space. Ordinance No.510 Page 5 of 16 19-7 Section 11:Section 17.96.2020 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): "Private street"means any lot not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used for ingress to or egress from a lot or lots which mayor may not have frontage on a public street.For purposes of measuring setbacks and calculating lot coverage,a private street easement shall not be considered a part of a lot.A private street does not mean a "driveway.)J Section 12:Section 17.02.030(E)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): E.Parking/Driveway Standards. 1.A minimum of two enclosed parking spaces shall be proVided and maintained in a garage,and a minimum of two unenclosed parking spaces shall be provided and maintained as a driveway,on the property of each single-family dwelling unit containing less than five thousand square feet of habitable space,as determined by the director. 2.A minimum of three enclosed parking spaces shall be provided and maintained in a garage,and a minimum of three unenclosed parking spaces shall be provided and maintained as a driveway,on the property of each single-family dwelling unit containing five thousand square feet or more of habitable space,as determined by the director. 3.A garage with a direct access driveway from the street of access shall not be located less than twenty feet from the front or street-side property line,whichever is the street of access. 4.In addition to the parking requirements for the primary single-family residence on a property,parking for city-approved second unds shall be provided in accordance with Chapter 17.10 (Second Unit Development Standards). 5.An enclosed parking space shall have an unobstructed ground space of no less than nine feet in width by twenty feet in depth,with a minimum of seven feet of vertical clearance over the space.An unenclosed parking space shall have an unobstructed ground space of no less than nine feet in width bv twenty feet in depth. 6.The following minimum driveway widths and turning radii shall be provided for al/ driveways leading from the street of access to a garage or other parking area on a residential parcel: a.A driveway shall be a minimum width of ten feet;and b.A paved twenty-five-foot turning radius shall be provided between the garage or other parking area and the street of access for driveways which have an average slope of ten percent or more,and which are fifty feet or more in length. Ordinance No.510 Page 6 of 16 19-8 7.Driveways shall take into account the driveway standards required by the department of public works for driveway entrances located in the public right-of- way. 8.A driveway that is located adjacent to a side property line shall provide a minimum 18-inch-wide landscaped area between the side property line and the adjacent driveway,unless such buffer would reduce the minimum width of the driveway to less than ten feet,in which case the width of the landscape buffer may be narrowed or eliminated at the discretion of the Director. g.g.All driveways shall be built and maintained in accordance with the spec;fications of the Los Angeles County fire department.If there is any inconsistency between the standards imposed by this chapter and the standards imposed by the Los Angeles County fire department the stricter shall apply. 10.Unless otherwise expressly permitted elsewhere in this title,enclosed tandem parking spaces may only be used for parking spaces in excess of the minimum requirements of subsections (1)and (2)of this section,provided that each space meets the minimum dimensions specified in subsection (5)of this section. Section 13:Section 17.76.030(C)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): C.Fences,Walls and Hedges Allowed Without a Permit.Unless restricted by conditions imposed through a fence,wall and hedge permit pursuant to subsection B of this section,fences,walls and hedges which meet the following requirements shall be allowed without a permit: 1.Residential Zoning Districts. a.Fences,walls and hedges located between the front property ,line and the exterior facade of the existing single family residence closest to the front property line within the front-yard setback area or betw-een the street side property line and the existing single family residence closest to the street side property Hne shall meet the following standards: i.Up to forty-two inches in height shall be permitted,except as restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Areas and Building Height)of this title; ii.When combined with a retaining wall,the total height may not exceed forty-two inches,except as restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Areas and Building Height)of this title;and iii.When located within the front yard of a flag lot and the front property line of the flag lot abuts the rear or interior side property line of an adjacent lot,up to six feet in height shall be permitted. Ordinance No.510 Page 7 of 16 19-9 b.Fences,walls and hedges not subject to subsection (C)(1 )(a)of this section shall meet the following standards: i.Fences and walls up to six feet in height shall be permitted on any part of a lot not subject to subsection (C)(1)(a), except as restricted by Section 17.48.070 (Intersection visibility)of this tit/e; ii.Hedges up to sixteen feet in height shall be permitted on any part of a lot not subject to subsection (C)(1 )(a),except as restricted by the view preservation and restoration provisions which apply to foliage,as described in Chapter 17.02 (Single-family Residential Districts); iii.When combined with a fence,freestanding wall or retaining wall,the total height may not exceed eight feet,as measured from grade on the lower side,and may not exceed six feet,as measured from grade on the higher side; iv.When combined with a fence,freestanding wall,retaining wall or hedge,the total height may not exceed sixteen feet, as measured from grade on the higher side and may not exceed eighteen feet,as measured from grade on the lower side;provided,the height of each individual fence, freestanding wall and/or retaining wall does not exceed the height limitations prescribed by this tit/e. c.Temporary construction fences,as defined in Chapter 17.96 (Definitions),up to six feet in height may be located within front or street side setback areas,pursuant to the temporary construction fencing provisions of Section 17.56.020(C)(Environmental Protection)of this title. 2.Nonresidential Zoning Districts. a.Fences,walls and hedges located bet'lleen the front property fine and the exterior facade of the existing single YI/thin front and street side setbacks within the front-yard and street-side setback areas shall meet the following standards: i.Up to forty-two inches in height shall be permitted within the front or street-side setback areas,except as restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Area and Building Height)of this title. ii.When combined with a retaining wall,the total height may not exceed forty-two inches in the front or street-side setback areas,except as restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks, Open Space Area and Building Height)of this title. b.Fences,walls and hedges located behind front and street-side setbacks shall meet the following standards: Ordinance No.510 Page 8 of 16 19-10 f.Up to six feet in height shall be permitted on any part of a lot behind the front or street-side setback areas,except as restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Area and Building Height)of this title. ii.When combined with a retaining wall,the total height may not exceed eight feet as measured from grade on the lower side and may not exceed six feet as measured from grade on the higher side. c.Temporary construction fences,as defined in Chapter 17.96 (Definitions),up to six feet in height may be located within front or street side setback areas,pursuant to the temporary construction fencing provisions of Section 17.56.020 (Environmental Protection) of this title. Section 14:Section 17.76.030(E)(5)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): 5.Chain link,chicken wire and fiberglass fences are prohibited in front yards between the front property line and the exterior facade of the existing single- family residence closest to the front property line;in side yards between the street side property line and the exterior facade of the existing single-family residence closest to the street side property line;and within a rear yard setback which abuts the following arterial streets identified in the city's general plan: a.Crenshaw Boulevard; b.Crest Road; c.Hawthorne Boulevard; d.Highridge Road; e.Miraleste Drive; f.Palos Verdes Drive East; g.Palos Verdes Drive North; h.Palos Verdes Drive South;aAfi i.Palos Verdes Drive West;and, j i.Silver Spur Road. Section 15:Section 17.48.030(E)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): E.Exceptions. 1.Architectural Features.Cornices,belt courses and other similar architectural features may project into the required setback area not more than four inches for each foot of the required setback;provided,that no portion of such an architectural feature is located or projects below eight feet above grade;and provided,that there are no vertical supports or Ordinance No.510 Page 9 of 16 19-11 members within the required setback area.Garden vlindows may project into the required setback area not more than four inches for each foot of the required setback;provided,that there are no vertical supports within the required setback area.E8'.ff)S may project into the required setback not more than six inches for each foot of the required setback. 2.Garden Windows and Window Coverings.Garden windows and window coverings,including retractable awnings,may project into the required interior side and rear year setback areas not more than four inches for each foot of the required setback;provided that there are no vertical supports within the required setback area. 3.Roof Eaves.Roof eaves may project into the required setback not more than six inches for each foot of the required setback;provided that there are no vertical supports within the required setback areas.Roof eaves shall not be calculated towards lot coveraqe as defined in Section 17.02.040CA)(5). 42.Fireplace Chimneys.Chimneys may project two feet into any required setback. 5J.Minor Structures and Mechanical Equipment.Trash enclosures,storage sheds or playhouses less than one hundred twenty square feet, doghouses,play/sports equipment,fountains,light fixtures on a standard or a pole,flaq poles,enclosed water heaters,barbecues,outdoor kitchens,garden walls,air conditioners,pool filters,vents and other minor structures or mechanical equipment shall not be located in any setback area in residential districts except as specified below: a.Minor structures and equipment less than six inches in height,as measured from adjacent finished grade,may be located in any required front,side or rear setback; b.Minor structures and mechanical equipment which exceed six inches in height,as measured from adjacent finished grade,may be permitted within an interior side or rear setback area by the director,through a site plan review application,unless the minor structure is a play house less than 120 square feet,a doq house,or plaY/sports equipment,then a site plan review application shall not be required;provided that no significant adverse impacts will result and provided that: i.Noise levels from mechanical equipment do not exceed sixty-five dBA as measured from the closest property Nne, ii.No part of any minor structure or mechanical equipment, exceeds six feet in height (as measured from adjacent finished grade), iii.If located within a rear setback area which abuts a public or private street,the minor structure or mechanical equipment is not visible from the public or private street, iv.No part of any mechanical equipment,including but not limited to pool/spa equipment and air conditioning/heating equipment,extends within three feet of the property line,and Ordinance No.510 Page 10 of 16 19-12 v.No part of any minor structure extends within three feet of the property line.However,minor structures (not mechanical equipment)may be allowed to abut the side or rear property line;provided,that the minor structure: (A)Is placed adjacent to an existing solid wall; (B)Does not exceed the maximum height of the adjacent solid wall,up to a maximum of six feet; (C)Is less than one hundred twenty square feet in size; and (D)Is located a minimum of three feet from an adjacent structure,unless the structures are parallel and abutting each other,as determined by the director. c.The following minor structures shall be permitted within a front yard setback area provided that the minor structure does not exceed 42- inches in height,as measured from adjacent pre-construction grade: i.Balustrades and columns; ii.Light fixtures,including light fixtures attached to a standard, a pole or a column; iii.Fountains,provided that the fountain is within the maximum front yard landscape requirement and is not operated between the hours of midnight and 7 a.m.;and; iv.Ornamental ponds less than 18 inches deep. v.Decorative landscape elements,including but not limited to: rocks,boulders,raised planter beds,pilasters and statuary. 64.Decks,Walkways and Paving.Decks,asphalt paving,concrete walkways or similar ground surfacing less than six inches in height (as measured from adjacent finished grade),shall not be subject to setback requirements.Decks (including any railing),six inches to thirty inches in height (as measured from adjacent finished grade),may be permitted in any setback area upon determination by the director,through a site plan review application,that no significant adverse impacts will result. Ie.Swimming or Ornamental Pools.Swimming pools,spas,ornamental pools and any other body of water measuring more than eighteen twenty few inches or more deep,may be located within an interior or rear yard setback;provided,that no portion of said pool is located closer than three feet from the property line.Ornamental ponds less than eighteen t'l/onty :fel:Jf inches deep may be located within any required setback and may abut any property line. 86.Foundations and Footings.Below grade foundations and/or footings for above ground main buildings may be located in any setback;provided, that no portion of the foundation or footing is located closer than three feet from the property line. 9+.Subterranean Structures.Subterranean structures,including holding tanks,which are located entirely below grade shall not be extended any Ordinance No.510 ~Page 11 of 16 19-13 closer than half of the required setback to any property line or three feet from the property line,whichever is greater. 10&.Fences,Walls and Hedges.Fences,walls and hedges may be permitted within any front,interior side,street side or rear yard setback pursuant to Section 17.76.030 (Fences,walls and hedges). Section 16:Section 17.76.030(E )(3)of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): 3.Fences or Walls -Required.All pools,spas and standing bodies of water eighteen twenty four inches or more in depth shall be enclosed by a structure and/or a fence or wall not less than five feet in height measured from the outside ground level at a point twelve inches horizontal from the base of the fence or wall.Any gate or door to the outside shall be equipped with a self-closing device and a self-latching device located not less than four feet above the ground. Such fences,walls and gates shall meet City specifications and shall be constructed to the satisfaction of the City's Building Official. Section 17:Section 17.96.1460 of Title 17 is hereby amended to read as follows (the underlined text represents new language and the strikethrough text represents deleted language): "Swimming or ornamental pool"means any body of water measuring more than eighteen twenty four inches or more deep at its deepest point,whether above or below the surface of the ground."Ornamental pool"means any body of water measuring less than eighteen inches in depth at its deepest point.whether above or below the surface of the ground. Section 18: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 said ordinance. Section 19: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 20:The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. Ordinance No.510 Page 12 of 16 19-14 PASSED,APPROVED AND ADOPTED THIS _TH DAY OF JULY 2010. MAYOR ATTEST: 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 number of members of the City Council of said City is five;that the foregoing Ordinance No.510 passed first reading on June _'2010,was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on ____,2010,and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK Ordinance No.510 Page 13 of 16 19-15 Areas outlined in RED to be re-zoned from RS-4 to RS-5 Ordinance 510,Exhibit lA' Proposed Eastview Re-Zoning RS·4 to RS-5 Ordinance No.510 Page 14 of 1619-16 Area outlined in BLUE to be designated Mira Vista Overlay Control District (OC-5) Ordinance 510,Exhibit 'B' Proposed Mira Vista Overlay Control District (OC-5) Ordinance No.510 Page 15 of 1619-17 footprint area (residence and 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 Vf 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, IDI~~~;'~~-!I--LOT DIMENSIONS 1 I-"~~:~~MC~~:~K~~';S rl----';::~~~~~:;::DC~~~~:TO IM~~~'M-··~~i~~~~:T PARKING REQUIREMENTs ,...,,,,.: I i INCORPORATION/ANNEXATION ICOVERAGE~7 i'--'-'--""!"AREA-j'WIDTH-I'OEPTH'1 FRONT r-INTERIOR 'I STREET !REAR fRONT 1-INTERiOR 'riTREET [REAR j----,-"-'ll'-----------·'-I'I;~~'lh~;:;_5~OosJ~of h~-b;t;;!~-~pace =2 'I ! :Iii SIDE SIDE I SIDE I SIDE i 'enclosed garage spaces:r--:I,B:;~H I~~~11-------r-~---r---"'---'-:--l-I ---I I I !i I SIDES I I I I I I.I IRS-A-5 --l~~res i 200'!'300 r'20 '1--30 "10"'!20-'["ZOf20 ['s"T'~o'"'"j"'1'S--:-60/:-"'!16'i:~oc~~~~~;L~:~es~:::~i;~bl~~;~~~~'3' rRs-;-""11-;;-~:-100'-1"'150 1'---;0·\·25·"1'-1O-·j-·20 ·····1201-20 '1-"""-5-10 15 'j"'z5%'1'--16-'- FS~2-"--"-[20,000 r"90---:---120 -r'20'r-20'--i.-;0--r-";o'-"-i-io'r '20-'1""5--'[--··10"1'-15--·:--40%'--r-'--ffi- I IsJ,!i !I ;1 i I .i'! [RS-3 ·--·~,oOO-I--BO 'I'1'10-il-20~F:wr-zo'r--15-120'I'---S·'---·:I~·-10--'I··15--,45%["-16--- ,,s f.,,I I,,! [RS-4--"-·,!'lO:000 r'75---r1'OO"120---'r~20~--:--10-i"'20---lr -1-S -'T-2-0-'-'r---5-.----'-'10-"r-1-S-.[---;0%--!~,--1-6-'..··· !s,L ,I,.I I:,I:I !Rs~-'---I8,ooo'·,1"6;---1'"100 (20-'1"ZO 'f10 -r--2(}""I-';;---r-'zo-i---5~-r--.10 -T15'16 if::I ' :I !:I,!s..~~i:,I I :f _____________~-J 1,For an existing lot which does not meet these standards,see Chapter 17,84 (Nonconfonmities), 2.lots of record,existing as of November 25,1975 (adoption of this Code),or within Eastview and existing as of January 5,1983 (annexatJon),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 heighl 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 feet in height extends closer than twenty-five feet from the front or street-side property Jine. B,The area of the structure which exceeds sixteen feet in height (second story footprint)exceeds seventy-five percent of the existing first story garage); C.Sixty percent or more of an existing garage footprint is covered by a structure which exceeds sixteen feet in height (a second story). D.The portion of a structure that exceeds sixteen feet in height is being developed as part of a new single-family residence:or E,Based on an initial site visit.the director determines that any portion of a structure which is proposed to exceed sixteen feet in height may significantly impair a view as defined in this chapter, 5, 6, 7. 8, coverage, For parking development standards,see Section 17,02,030(B)of this chapter. 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,whichever is the street of access. 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, For purposes of calculatinq lot coveraqe.a private street easement shall not be considered a part of the lot area and the improved area of a private street easement shall not be counted as lot Ordinance 510,Exhibit 'C' Proposed Table 02-A Ordinance No.510 Page 16 of 1619-18