CC SR 20230801 05 - Code Amendment Initiation Height for Buildings
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/01/2023
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to initiate code amendment proceedings to Chapter
17.02.040 (View Preservation and Restoration) of Title 17 (Zoning) of the Rancho Palos
Verdes Municipal Code to provide clarification on method of height measurement for
residential buildings.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to Chapter 17.02.040 (View Preservation
and Restoration) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code to provide clarification on the measurement of building height .
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jessica Bobbett, Senior Planner
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Chapter 17.02.040 (B) (View Preservation and Restoration) (page A-1)
BACKGROUND/DISCUSSION:
In November 1989, voters in the City of Rancho Palos Verdes passed Proposition M, a
View Preservation and Restoration Ordinance. Chapter 17.02.040 (View Preservation
and Restoration) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code
(RPVMC), commonly referred to as the View Ordinance outlines the City’s View
Preservation and Restoration requirements as they relate to residential structures and
foliage. Prior to the View Ordinance, view protection provisions with respect to the
construction of new residences or additions to existing residences were regulated through
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the Height Variation Permit process, which was subsequently incorporated into the View
Ordinance.
Today, the View Ordinance includes a comprehensive set of code regulations that focus
on procedural requirements, regulations, and definitions to assist in the administration of
the code. Of these code provisions, Chapter 17.02.040 (B) (Regulations) (Attachment A)
of the RPVMC provides the methodology by which the height of residential structures are
to be measured depending on the lot configuration on which the structures are located.
The code text and associated figures found in this section of the View Ordinance establish
“by-right” building height envelopes for different lot types found throughout the City
including, but not limited to, down-sloping, up-sloping, and pad-lots.
Code Amendments to the Height Variation section and the View Ordinance section of the
codes have been completed throughout the years to better understand and assist in the
administration and navigation of the code. Table No. 1 below provides a summary of
pertinent code amendments.
Table No. 1: Relevant Code Amendments
Ordinance Number Year of
Update Revision
Prior to the Establishment of View Ordinance
Ordinance No. 78
1975
Creation of zones and prescribing
development standards. Section 9113-B
provided a method for measuring height,
which included measuring heights of down-
sloping, up-sloping and pad-lots
Ordinance No. 114
1979
Revisions to the Height Variation section of
the development code and amending the
RPVMC, to elaborate on the method used for
measuring height
After Establishment of the View Ordinance
Ordinance No. 194
1985
The Rancho Palos Verdes Council of
Homeowners Associations and City Council
Cooperative View Preservation and
Restoration Ordinance was adopted by the
voters in 1989
Ordinance No. 262
1991
Amending the view preservation and
restoration ordinance and amending the
RPVMC to clarify terms and conditions of
required foliage removal
Ordinance No. 319
1997 Amendments to section 17.42.040 of RPVMC
to add clarifying definitions and regulations
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Ordinance Number Year of
Update Revision
Ordinance No. 405
2004
Amending Title 17 of the City’s Municipal
Code regarding the 16-foot height limitation
for residentially zoned properties and
clarifying the findings required for height
variation and grading permit applications
Over the last several months, the Planning Commission has considered various
residential development projects in which residential structure height measurement
methodology came into question. The Planning Commission expressed concerns about
Staff’s interpretation of where the height of a residential structure should be measured.
More specifically, the Planning Commission expressed concerns that the overall structure
height for a down-sloping lot was being measured by Staff from the “finished grade,” which
in some cases may be a result of artificial fill, and not being measured from the
“preconstruction or existing grade.” The Planning Commission also expressed concerns
that the figures included in the View Ordinance are not clear.
Based on discussions from the Planning Commission, Staff proposes potential code
amendments to the View Ordinance be considered that focus on:
• Updating Section 17.02.040 (B) of the RPVMC to clarify building height
methodology for various lot configurations;
• Providing updates to figures in the View Ordinance to provide more code clarity;
• Reviewing definitions to ensure internal consistency with other code provisions;
and
• Identifying other code provisions that intersect with the View Ordinance and
update as necessary.
The potential code amendments outlined above are limited to clarifications and
wordsmithing updates to existing code provisions only. Substantial amendments to the
View Ordinance including, but not limited to, revisions to procedures, requirements , and
regulations require voter approval and are not being proposed.
Should the City Council direct Staff to proceed with a review of code amendments to the
View Ordinance, Staff will work with the Planning Commission’s Zoning Code
Subcommittee to formulate revised code language clarifying the methodology for
measuring the height of residential structures. Once draft code amendments are
prepared, Staff will introduce the Zoning Code Subcommittee’s recommendation to the
Planning Commission for consideration and subsequent recommendations to the City
Council.
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CONCLUSION:
Staff therefore recommends the City Council initiate code amendment proceedings to
Chapter 17.02.040 (View Preservation and Restoration) of Title 17 (Zoning) of the
RPVMC to provide clarification on method of height measurement for residential
buildings.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Identify specific code criteria within the View Ordinance that should or
should not be amended.
2. Direct Staff to take no action at this time.
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17.02.040 View preservation and restoration.
The residents of the City of Rancho Palos Verdes, by the adoption of this section, have made a finding that
the peace, health, safety and welfare of the community will be served by the adoption of this section and by the
regulations prescribed herein.
A.Definitions. When not inconsistent with the context, the words used in the present tense include the
future; words in the singular number include the plural; and those in the plural number include the
singular. In carrying out the intent of this section, words, phrases and terms shall be deemed to have
the following meanings ascribed to them:
1."City" means the City of Rancho Palos Verdes and its employees and staff and those designated
by the city council to act on behalf of the city.
2."City council" means the duly elected legislative body of the City of Rancho Palos Verdes.
3."Director" means the Director of the Planning, Building and Code Enforcement Department of
the City of Rancho Palos Verdes.
4."Foliage" means natural growth of trees, shrubs and other plant life.
5."Lot coverage" means that portion of a lot or building site which is occupied by any building or
structure, including trellises; decks over 30 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 500 square feet in area shall be excluded from the lot
coverage calculation).
6."Neighborhood character" means the existing characteristics in terms of the following:
a.Scale of surrounding residences;
b.Architectural styles and materials; and
c.Front, side and rear yard setbacks.
7."Planning commission" means the Planning Commission of the City of Rancho Palos Verdes as
defined in Chapter 2.20 (Planning Commission) of this municipal code.
8."Privacy" means reasonable protection from intrusive visual observation.
9."Scale" means the total square footage and lot coverage of a residence and all ancillary
structures.
10."Setback" means the minimum horizontal distance as prescribed by this code, between any
property line or private easement boundary used for vehicular and/or pedestrian access and the
closest point on any building or structure, below or above ground level, on the property. In ca ses
where there is no structure on a lot, setback shall mean the minimum horizontal distance
between the property line or easement boundary line and a line parallel to the property line or
easement boundary line. Please refer to Chapter 17.48 (Lots, Setbac ks, Open Space Area and
Building Height) for setback regulations.
11.Shall and May. "Shall" is mandatory and "may" is permissive.
12."Structure" means anything constructed or built, any edifice or building of any kind, or any piece
of work artificially built up or composed of parts joined together in some definite manner, which
is located on or on top of the ground on a parcel of land utilized for residential purposes,
excluding antennas, skylights, solar panels and similar structures not involving the construction of
habitable area.
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13."Style" means design elements which consist of, but are not limited to:
a.Facade treatment;
b.Height of structure;
c.Open space between structures;
d.Roof design;
e.The apparent bulk or mass of the structure; and
f.The number of stories.
14.View. On the Palos Verdes peninsula, it is quite common to have a near view and a far view
because of the nature of many of the hills on the peninsula. Therefore, a "view" which is
protected by this section is as follows:
a.A "near view" which is defined as a scene located on the peninsula including, but not
limited to, a valley, ravine, equestrian trail, pastoral environment or any natural setting;
and/or
b.A "far view" which is defined as a scene located off the pen insula including, but not limited
to, the ocean, Los Angeles basin, city lights at night, harbor, Vincent Thomas Bridge,
shoreline or offshore islands.
A "view" which is protected by this section shall not include vacant land that is developable
under this code, distant mountain area not normally visible, nor the sky, either above distant
mountain areas or above the height of offshore islands. A view may extend in any horizontal
direction (360 degrees of horizontal arc) and shall be considered as a single view, even if broken
into segments by foliage, structures or other interference.
15."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 structures, the finished floor elevation of any viewing
area must be at or above existing grade adjacent to the exterior wall of the part of the building
nearest to said viewing area.
16.The "view restoration commission" means the Planning Commission of the City of Rancho Palos
Verdes.
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 up to 16 feet in height pursuant to subsection B of
this section provided there is no grading, as defined in Section 17.76.040 (Grading Permit) of this
title, to be performed in connection with the proposed construction, and further provided that
no height variation is required, and all applicable residential development standards are or will
be met. In cases where an existing structure is voluntarily demolished or is demolished as a result
of an involuntary event, a height variation application will not be required to exceed 16 feet in
height, provided that the replacement structure will have the same or less square footage and
building height as the existing structure and will be reconstructed within the building envelope
and footprint of the pre-existing structure. Approval for proposed structures or additions to
existing structures exceeding 16 feet in height, may be sought through application for a height
variation permit, which, if granted pursuant to the procedures contained herein, will permit the
individual to build a structure not exceeding 26 feet in height, except as provided in subsection
(B)(1)(d) of this section, or such lower height as appro ved by the city, measured as follows:
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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, as illustrated in Figure 1
below.
FIGURE 1
b.For sloping lots which slope downhill from the street of access and for which no building
pad exists, the height shall be measured from the average elevation of the setback line
abutting the street of access to the ridgeline or the highest point of the structure, as
illustrated in Figure 2 below.
FIGURE 2
c.For lots with a "building pad" at street level or at a different level than the street or lot
configurations not previously discussed, the height shall be measured from the
preconstruction (existing) grade at the highest elevation of the existing building pad area
covered by the structure to the ridgeline or highest point of the structure, as illustrated in
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Figure 3 below. Portions of a structure which extend beyond the "building pad" area of a
lot shall not qualify as the highest elevation covered by the structure, for the purpose s of
determining maximum building height. Structures allowed pursuant to this subsection shall
not exceed 20 feet in height, as measured from the point where the lowest foundation or
slab meets finished grade, to the ridgeline or highest point of the structure. Otherwise, a
height variation permit shall be required.
FIGURE 3
d.On sloping lots described in Sections 17.02.040(B)(1)(a) and 17.02.040(B)(1)(b) of this
chapter, the foundation of the structure shall contain a minimum eight foot step with the
slope of the lot, as illustrated in Figure 4 below. However, no portion of the structure shall
exceed 30 feet in height, when measured from the point where the lowest foundation or
slab meets finished grade to the ridge line or highest point of the structur e. The 30-foot
height shall not exceed a horizontally projected 16 foot height line (from the high point of
the uphill step of the structure).
2.Setbacks for Sloping Lots. On lots which slope uphill from the street of access and where the
height of a structure is in excess of 16 feet above the point where the lowest foundation or slab
meets the ground, areas in excess of the 16 foot height limit shall be set back one foot from the
exterior building facade of the first story, most parallel and closest to t he front property line, for
every foot of height in excess of 16 feet, as measured from the point where the lowest
foundation or slab meets the ground, as illustrated in Figure 4 below.
FIGURE 4
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3.Foliage Obstruction. No person shall significantly impair a view from a viewing area of a lot by
permitting foliage to grow to a height exceeding:
a.The height determined by the view restoration commission through issuance of a view
restoration permit under Section 17.02.040(C)(2) of this chapter; or
b.If no view restoration permit has been issued by the view restoration commission, a height
which is the lesser of:
i.The ridge line of the primary structure on the property; or
ii.Sixteen feet.
If foliage on the property already exceeds the provisions of subdivisions (i) and (ii) of Section 17.02.040(B)(3) of this
chapter on the effective date of this section, as approved by the voters on November 7, 1989, and significantly
impairs a view from a viewing area of a lot, then notwithstanding whether any person has sought or obtained
issuance of a view restoration permit, the foliage owner shall not let the foliage exceed the foliage height existing
on the effective date of this section (November 17, 1989). The purpose of this paragraph is to ensure that owners
of foliage which violates the provisions of this paragraph on the effective date of this secti on shall not allow the
foliage to increase in height. This paragraph does not "grandfather" or otherwise permit such foliage to continue
to block a view.
4.Removal of Foliage as Condition of Permit Issuance. The city shall issue no conditional use permit,
variance, height variation, building permit or other entitlement to construct a structure, or to add
livable area to a structure on a parcel utilized for residential purposes, unless the owner removes
that part of the foliage on the lot exceeding 16 feet in height or the ridge line of the primary
structure, whichever is lower, that significantly impairs a view from the viewing area of another
parcel. The owner of the property is responsible for maintaining the foliage so that the views
remain unimpaired. This requirement shall not apply where removal of the foliage would
constitute an unreasonable invasion of the privacy of the occupants of the property on which the
foliage exists and there is no method by which the property owner can create such privacy
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through some other means allowed within the development code that does not significantly
impair a view from a viewing area of another property. The initial decision on the amount of
foliage removal required or the reasonable degree of privacy to be maintained shall be made by
the director, the planning commission or the city council, as appropriate for the entitlement in
question. If the permit issuance involves property located within the Miraleste Recreation and
Park District, the findings of Section 17.02.040(C)(2)(c)(vi) of this chapter shall apply. A decision
by the director on either of these matters may be appealed to the planning commission, and any
decision of the planning commission may be appealed to the city council.
5.Determination of Viewing Area.
a.The determination of a viewing area shall be made by balancing the nature of the view to
be protected and the importance of the area of the structure or lot from where the view is
taken. Once finally determined for a particular application, the viewing area may not be
changed for any subsequent application. In the event the city and owner cannot agree on
the viewing area, the decision of the city shall control. A property owner may appeal the
city's determination of viewing area. In such event, the decision on the viewing area will be
made by the body making the final decision on the application. A property owner may
preserve his or her right to dispute the decision on the viewing area for a subsequent
application, without disputing the decision on a pending application, by filing a statement
to that effect and indicating the viewing area the property owner believes to be more
appropriate. The statement shall be filed with the city prior to consideration of the pending
application by the city.
C.Procedures and Requirements.
1.Preservation of Views Where Structures are Involved.
a.Any person proposing to construct a structure above 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) of this
chapter. The director shall refer a height variation application directly to the planning
commission for consideration under the same findings, as part o f a public hearing, if any of
the following is proposed:
i.Any portion of a structure which exceeds 16 feet in height extends closer than
25 feet from the front or street-side property line; or
ii.The area of the structure which exceeds 16 feet in height (the second story
footprint) exceeds 75 percent of the first story footprint area (residence and
attached garage);
iii.Sixty percent or more of a garage footprint is covered by a structure which
exceeds 16 feet in height (a second story);
iv.The portion of the structure which exceeds 16 feet in height is being developed
as part of a new single-family residence; or
v.Based on an initial site visit, the director determines that any portion of a
structure which is proposed to exceed 16 feet in height may significantly impair
a view as defined in this chapter.
b.The applicant shall take reasonable steps established by the city council to consult with
owners of property located within 500 feet of the applicant's property. The applicant shall
obtain and submit with the application the signatures of the persons with whom the
applicant consulted. Where a homeowners' association existing in the neighborhood
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affected has provided written notice to the director of its desire to be notified of height
variation applications, the applicant shall mail a letter to the association requesting its
position on the application. A copy of this letter and the response of the association, if any,
shall be submitted with the application. A fee shall be charged for the application as
established by resolution of the city council.
c.The director shall, by written notice, notify property owners within a 500-foot radius of the
subject property and the affected homeowners' association, if any, of the application and
inform them that any objections to the proposed construction must be submitted to the
director within 30 calendar days of the date of the notice.
d.The applicant shall construct on the site at the applicant's expense, as a visual aid, a
temporary frame of the proposed structure.
e.A height variation application to build a new structure or an addition to an existing
structure, either of which exceeds 16 feet in height up to the maximum height permitted in
subsection (B)(1) of this section, 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 proposed new structure that is above 16 feet in height or addition to an
existing structure that is above 16 feet in height 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 new structure is not located on a ridge or a promontory;
iv.The area of a proposed new structure that is above 16 feet in height or addition
to an existing structure that is above 16 feet in height, as defined in su bsection
B of this section, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. 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;
v.If view impairment exists from the viewing area of another parcel but it is
determined not to be significant, as described in subsection (C)(1)(e)(vi) of this
section, the proposed new structure that is above 16 feet in height or addition
to an existing structure that is above 16 feet in height is designed and situated
in such a manner as to reasonably minimize the impairment of a view;
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 that would be caused by the
proposed new structure that is above 16 feet in height or addition to a
structure that is above 16 feet in height; and (b) considering the amount of
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view impairment that would be caused by the construction on other parcels of
similar new structures or additions that exceed 16 feet in height;
vii.The proposed structure complies with all other code requirements;
viii.The proposed structure is compatible with the immediate neighborhood
character;
ix.The proposed new structure that is above 16 feet in height or addition to an
existing structure that is above 16 feet in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting
residences.
f.Written notice of the director's or planning commission's decision shall be sent to the
applicant, his/her representative and to all parties who responded to the original notice.
g.The decision of the director may be appealed to the planning commission by the applicant
or any person who responded in writing to the director prior to the director's decision;
provided, the appeal is filed in writing within 15 calendar days after the date of the
director's decision. The appellant shall pay an appeal fee as established by resolution of the
city council.
h.Notice of the public hearing for an initial determination of a height variation application by
the planning commission or an appeal to the planning commission and/or city cou ncil shall
be mailed 30 calendar days prior to the hearing, to property owners within 500 feet of the
applicant's property, as well as any additional property owners previously determined by
the city to be affected by the proposal.
i.In hearing an appeal of the director's decision, the planning commission shall grant the
application and cause a permit to be issued, only if it finds that all of the requirements of
subsection (C)(1)(e) of this section have been met.
j.A decision of the planning commission may be appealed to the city council by the applicant
or any person who commented orally or in writing to the planning commission; provided,
the appeal is filed in writing within 15 calendar days after the date of the planning
commission's decision. The appellant shall pay an appeal fee as established by resolution of
the city council. In order to grant a permit, the city council must determine that all of the
requirements listed in subsection (C)(1)(e) of this section have been met.
2.Restoration of Views Where Foliage is a Factor.
a.Any resident owning a residential structure with a view may file an application with the city
for a view restoration permit. The applicant shall file with the application proof that the
applicant consulted, or attempted to consult, with the property owner whose foliage is in
question. The applicant shall pay a fee for the view restoration permit as established by
resolution of the city council.
b.The application shall be submitted to the view restoration commission. Written notice of
the time and place for the hearing on the application shall be sent to the applicant and the
property owner(s) of the foliage involved at least 30 calendar days prior to the meeting of
the commission. Commission members shall inspect the site prior to the public hearing.
Only view restoration commission members who make a site inspection may participate in
the public hearing.
c.In order for a view restoration notice to be issued, the commission must find:
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i.The applicant has complied with the early neighbor consultation process and
has shown proof of cooperation on his/her part to resolve conflicts;
ii.Foliage exceeding 16 feet or the ridge line of the primary structure, whichever
is lower, significantly impairs a view from the applicant's viewing area, whether
such foliage is located totally on one property, or when combined with foliage
located on more than one property;
iii.The foliage to be removed is located on property, any part of which is less than
1,000 feet from the applicant's property line(s);
iv.The foliage significantly impairing the view did not exist, as view impairing
vegetation, when the lot from which the view is taken was created;
v.Removal or trimming of the foliage will not cause an unreasonable
infringement of the privacy of the occupants of the property upon which the
foliage is located;
vi.For property located within the boundaries of the Miraleste Recreation and
Park District, the commission shall also find the removal or trimming of the
foliage strikes a reasonable balance between meeting the purposes of this
section, as set forth in the ordinance approved by the voters on November 7,
1989, and preserving the historical developments of the Miraleste Recreation
and Park District area with a large number of trees.
d.Should the commission make findings requiring issuance of a view restoration permit, the
director shall send a notice to the property owner to trim, cull, lace or otherwise cause the
foliage to be reduced to 16 feet or the ridgeline of the primary structure, whichever is
lower, or such limit above that height which will restore the view. The property owner will
have 90 calendar days to have the foliage removed. The applicant shall be responsible for
the expense of the foliage removal and/or replacement ordered pursuant to this
subsection only to the extent of the lowest bid amount provided by contractors licensed to
do such work in the City of Rancho Palos Verdes and selected by the applicant. After the
initial trimming, culling, lacing or removal of the foliage, the owner, at the owner's
expense, shall be responsible for maintaining the foliage so that the view restoration
required by the view restoration permit is maintained.
e.To the extent legally permissible, trees or foliage on property owned by any governmental
entity, except the city and the Miraleste Recreation and Park District, shall be subject to
view restoration control, as per the provisions of this section; except, that the foliage shall
be trimmed or removed 30 calendar days following issuance of the notice. Trees and/or
foliage located on city property, or in the public right-of-way, as defined in Chapter 17.96
(Definitions), shall be subject to view restoration control.
f.The view restoration commission may impose such reasonable conditions or restrictions on
the approval of a view restoration permit as may be found to be appropriate or necessary
to protect the public health, safety or welfare or the foliage owner's reasonable enjoyment
of his or her property. Such conditions or restrictions may include, but are not limited to:
(1) requiring the complete removal of the subject foliage when the commission finds that
the trimming, culling, lacing or reducing of that foliage to 16 feet or the ridge line is likely to
kill the foliage, threaten the public health, safety and welfare, or will destroy the aesthetic
value of the foliage that is to be pruned or reduced in height, provided that the property
owner consents to the removal; and (2) requiring replacement of such foliage when the
commission finds that removal without replacement will cause a significant adverse impact
on: (a) the public health, safety and welfare, (b) the privacy of the property owner, (c)
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shade provided to the dwelling or the property, (d) the energy-efficiency of the dwelling,
(e) the health or viability of the remaining landscaping, or (f) the integrity of the landscape
plan, provided that the property owner consents to the replacement.
g.The applicant, the owner of the property where the foliage is located, or any other
interested person may appeal the decision of the view restoration commission to the city
council by filing with the city clerk a written notice of appeal, including the gro unds for the
appeal, and any specific action being requested by the appellant, together with the appeal
fee established by resolution of the city council, within 15 calendar days after the view
restoration commission adopts the resolution setting forth its decision. The decision of the
view restoration commission is final if no appeal is filed within 15 calendar days. If such an
appeal is timely and properly filed, a copy of the findings of the view restoration
commission and all materials on file with the director shall be transmitted to the city
council, which shall be part of the appeal hearing record, together with the notice of
appeal and any other written materials submitted by interested parties. Additional written
materials shall be submitted to the city clerk at least seven calendar days prior to the date
that the appeal will be heard by the city council.
Upon receiving the notice of appeal, the city clerk shall schedule the matter for review at a
forthcoming meeting of the city council. At the city council meeting, oral testimony shall be
limited to five minutes in length for each of the parties whose properties are affected by the
decision and two minutes per person for other individuals. Oral testimony shall be limited to the
issues raised in the written appeal. At the conclusion of the oral presentation, the city council
may do one of the following:
i.Affirm the decision of the view restoration commission and approve the
application upon finding that all applicable findings have been correctly made
and all provisions of subsection (C)(2) of this section are complied with;
ii.Approve the application but impose additional or different conditions as the
city council deems necessary to fulfill the purposes of subsection (C)(2) of this
section;
iii.Disapprove the application upon finding that all applicable findings cannot be
made or all provisions of subsection (C)(2) of this section have not been
complied with; or
iv.Refer the matter back to the view restoration commission to conduct further
proceedings. The remanded proceedings may include the presentation of
significant new evidence which was raised in conjunction with the appeal. The
city council shall state the ground(s) for the remand and shall give instructions
to the view restoration commission concerning any error found by the city
council in the commission's prior determination.
h.If, after 90 calendar days, the foliage has not been removed or trimmed in accordance with
the requirements of a view restoration or view preservation permit, the City of Rancho
Palos Verdes will authorize a bonded tree service to trim, cull, lace or remove the identified
foliage at the owner's expense. In the event that the city is required to perform the work,
the foliage owner will be billed for all city expenses incurred in enforcing the view
restoration or preservation permit (including reasonable attorneys' fees). If the property
owner does not pay the city for the amount set forth on the invoice, the city may record a
lien or assessment against the foliage owner's property, pursuant to Chapter 8.24 (Property
Maintenance) of this code, or pursue any and all available criminal or civil remedies for
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recovery of said city expenses in accordance with paragraph i of this section or Chapter
1.08 (General Penalty) of the code.
i.The remedies provided in this section are in addition to and do n ot supersede or limit any
other remedies and penalties available under provisions of other applicable city
ordinances, the laws of the State of California, or the laws of the United States. In the event
of any violation of this section, the city may pursue any and all available criminal or civil
remedies to prevent or remedy violations of this section set forth in Chapter 1.08 (General
Penalty) of the code or as otherwise provided by law. The city shall be entitled to recover
its attorneys' fees and costs arising from any civil action or administrative proceeding to
enforce the provisions of this chapter and the code if the city is the prevailing party and
provided it made the election to seek attorneys' fees at the commencement of the action.
A responsible person shall be entitled to recover his or her attorneys' fees if the city made
the election to seek attorneys' fees at the outset of the action and the responsible person
prevails in that action. In no such legal action shall an award of costs, including reasonable
attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable
attorneys' fees, incurred by the city in the action or proceeding.
(Ord. 481 § 10, 2008; Ord. 442 § 1, 2006; Ord. 405 §§ 7—9, 2004; Ord. 400U §§ 7—9, 2004; Ord. 389 § 5, 2003;
Ord. 386 § 3, 2003; Ord. 355 § 8, 2000; Ord. 340 § 8 (part), 1998; Ord. 329U § 1, 1997; Ord. 319 § 8, 1997: Ord. 298
§ 1, 1994; Ord. 262 §§ 2, 3, 1991; Proposition M, passed November 7, 1989: Ord. 194 § 5 (part), 1985; Ord. 114 § 1,
1979: Ord. 90 § 1, 1977; Ord. 78 (part), 1975)
(Ord. No. 510, § 9, 6-29-10; Ord. No. 570, §§ 12, 13, 7-7-15; Ord. No. 575, § 6, 12-15-15)
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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.
DISTRICT
LOT DIMENSIONS1 MINIMUM SETBACKS3, 6
FOR CITY CREATED LOTS
MINIMUM SETBACKS2, 3, 6 FOR LOTS CREATED
PRIOR TO INCORPORATION/ANNEXATION
MAXIMUM
LOT
COVERAGE8
MAXIMUM
HEIGHT3, 4,
7
PARKING
REQUIREMENT5
AREA WIDTH DEPTH FRONT INTERIOR
SIDE
STREET
SIDE
REAR FRONT INTERIOR
SIDE
STREET
SIDE
REAR less than 5,000 s.f. of
habitable space = 2
enclosed garage spaces TTL
BOTH
SIDES
ONE
SIDE
RS-A-5 5 acres 200 300 20 30 10 20 20 20 5 10 15 6% 16 5,000 s.f. or more of
habitable space = 3
enclosed garage spaces
RS-1 1 acre 100 150 20 25 10 20 20 20 5 10 15 25% 16
RS-2 20,000
s.f.
90 120 20 20 10 20 20 20 5 10 15 40% 16
RS-3 13,000
s.f.
80 110 20 20 10 20 15 20 5 10 15 45% 16
RS-4 10,000
s.f.
75 100 20 20 10 20 15 20 5 10 15 50% 16
RS-5 8,000
s.f.
65 100 20 20 10 20 15 20 5 10 15 52% 16
1.For an existing lot which does not meet these standards, see Chapter 17.84 (Nonconformities).
2.Lots of record, existing as of November 25, 1975 (adoption of this code), or within Eastview and existing as of January 5, 19 83 (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 (View Preservation and Restoration) of this
chapter. A height variation application shall be referred directly to the planning commission for consideration, if any of th e following is proposed:
A.Any portion of a structure which exceeds 16 feet in height extends closer than 25 feet from the front or street -side property line.
B.The area of the structure which exceeds 16 feet in height (second story footprint) exceeds 75 percent of the existi ng first story footprint area (residence
and garage);
C.60 percent or more of an existing garage footprint is covered by a structure which exceeds 16 feet in height (a second story).
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D.The portion of a structure that exceeds 16 feet in height is bein g 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 16 feet i n 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 20 feet from the front or street -side property line, whichever 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 rathe r than a specific room.
8.For purposes of calculating lot coverage, a private street easement shall not be considered a pa rt of the lot area and the improved area of a private street
easement shall not be counted as lot coverage.
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