ATTACHMENT 9
City of RANCHO PALOS VERDES
Community Development Department
HEIGHT VARIATION PERMIT
By vote of the citizens of Rancho Palos Verdes on November 7, 1989, procedures and decision criteria for evaluating new residences or additions to existing residences which exceed the established height limits were adopted. As part of the adopted procedures, a Height Variatio ermit process was created to allow the construction of new residences or additions to existin residences to exceed sixteen (16) feet in height, up to a maximum of twenty-six (26) feet.
Height Measurement
Section 17.02.040(B)(1) of the City's Development Code defines the following methods for measuring height:
(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.
MAX PRECONSTRUCTTON
HIGHEST POlUT
STRERT COVERED BI
STRUCTURE
FIELRE I
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 ridge line or the highest point of the structure, as illustrated in figure 2 below.
STREET
SRECCEMRUCTION 30' MX.
Ветвік д
FIGHIRE Z
(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 ridge line or highest point of the structure, as illustrated in 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 purposes of determining maximum building height. Structures allowed pursuant to this subsection shall not exceed twenty (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 - — 7
STREET
TETRICTON
-POINT WHERE
LOWEST FOLINDATION
OR SLAB MEETS
FINISHED GRADE
BUILDING PAD
(LES THAN
3 5% SLOPE)
FIGURE
On sloping lots described above, the foundation of the structure shall contain a minimum eight (8) foot step with the slope of the lot, as illustrated in Figure 4 below. However, no portion of the structure shall exceed thirty (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 structure. The thirty (30) foot height shall not exceed a horizontally projected sixteen (16) foot height line (from the high point of the uphill step of the structure).
Furthermore, on lots which slope uphill from the street of access and where the height of a structure is in excess of sixteen (16) feet above the point where the lowest foundation or slab meets the ground, areas in excess of the sixteen (16) foot height limit shall be set back one (1) foot from the exterior building facade of the first story, most parallel and closest to the front property line, for every foot of height in excess of sixteen (16) feet, as measured from the point where the lowest foundation or slab meets the ground, as illustrated in Figure 4 below. 14 PRECOLSTRUCTION.
FIGURE A
Review Process
A determination on a Height Variation Permit Application shall be made by the Community Development Director, in accordance with the findings described in section 17.02.040(C)(1)(e) of the City's Development Code (summarized below). However, the Director shall refer a Height Variation Permit Application directly to the City's Planning Commission for consideration under the same findings, as part of a public hearing, if any of the following is proposed:
1. Any portion of a structure which exceeds sixteen (16) feet in height extends closer than twenty-five (25) feet from the front or street-side property line; or
2. The area of the structure which exceeds sixteen (16) feet in height the second story footprint) exceeds seventy-five percent (75%) of the first story footprint area (residence and attached garage); or
3. Sixty percent (60%) or more of a garage footprint is covered by a structure which exceeds sixteen (16) feet in height (a second story); or
4. Based on an initial site visit, the director determines that any portion of a structure which is proposed to exceed sixteen (16) feet in height may significantly impair a view.
Decision Criteria
Section 17.02.040(C)(1)(e) of the Development Code sets forth nine (9) findings which form the basis for review of Height Variation Permit Applications. The nine findings are summarized below.
Please be aware that all of the findings must be made for a Height Variation Permit to be granted by the Director or Planning Commission.
1) The applicant has complied with the early neighbor consultation process established by the City.
2) The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails). 3) The proposed structure is not located on a ridge or a promontory. 4) The proposed structure is designed and situated in such a manner as to minimize impairment of a view.
5) There is no significant cumulative view impairment caused by granting the application. 6) The proposed structure, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel.
7) The proposed structure complies with all other code requirements.
The proposed structure is compatible with the immediate neighborhood character. 9) The proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences.
> IMPORTANT <
• For a complete discussion and explanation of the City's residential building height regulations, Height Variation Application evaluation criteria and application processing procedures, please refer to Development Code Section 17.02.040 and/or the City's "Guidelines and Procedures for Preservation of Views Where Structures are Involved" manual. Copies of both are available for sale at the public counter in the Community Development Department. In addition to reviewing this information, it is highly recommended that you review the height regulations, the decision criteria and your proposal with a City Planner prior to having your plans drawn.
Projects involving new construction and additions or tear-down / rebuilds of 1,000 SF or more will require approvals from the Los Angeles Fire Department. Prior to Completing your project plans, it is suggested that you visit the Fire Department's Hawthorne Office (LA County Fire Dept. Fire Prevention Division, 4475 W. El Segundo Blvd., Hawthorne, CA 90250, phone (310) 263-2732) to obtain their requirements (which may include costly upgrades).
• Some projects may require approval by the City's Geologist. To determine if your project requires a soils report, a geology sit visit may be required at a cost of $255.00. Prior to completing your project plans, it is suggested that you contact the City's Building and Safety Division for more information. • Notice: CC&R's are private restrictions or agreements. Therefore the City is not responsible for a property owner's compliance with any CC&R's that may govern their property and the City does not enforce private CC&R's. The City recommends property restrictions (Deed Restriction, Private Easement, etc.) that may govern their property.
In order for your Height Variation Permit Application to be deemed "complete" and ready for processing, please submit all of the following items and information:
A Height Variation Permit Application form, completely filled out and signed by the applicant and property owner.
• Three (3) copies (Note: For applications that are to be reviewed by the Planning Commission, once the application has been deemed complete, you will be required to submit an electronic version of the plans) of a site plan (min. scale: 1/4" = 1) indicating:
Accurate lot dimensions, all property lines, and all easements on the lot.
The adjacent street right-of-way and the access driveway of the lot (length and width specified).
3. Topography of the lot indicated by either elevation call-outs or topographic contours.
4. The location and dimensions of all existing and proposed structures. Structures must be clearly delineated as "existing" and "proposed".
Existing grade elevations (call-outs) at all corners of the existing residence and proposed addition.
6. The distance from all existing and proposed structures to the property lines.
7. If applicable, the location of the Coastal Setback Line.
8. A project summary table which indicates:
a. Total lot area
b. Total existing and proposed footprint area
c. Total existing and proposed living area
d. Total existing and proposed 1st and 2nd floor area
Three (3) copies of elevation drawings of all four sides of the subject residential structure (minimum scale: 1/8" = 1'), indicating:
1. Existing grade elevations (call-outs) at all corners of the existing residence and proposed addition.
2. The ridgeline elevation of the proposed addition.
3. he maximum height of the proposed structure, measured from the highest point of existing grade covered by the structure to the ridge.
4. The maximum height of the proposed structure, measured from the finished grade ten to the owest foundation to the ridge.
5. The existing and proposed portions of the residential structure. • Three (3) copies of floor plans showing the existing and proposed first and second story interior layout.
All plans must be assembled in complete sets and folded no larger than 9 1/2" X 14".
If Planning Commission review of the Height Variation Permit Application will be necessary. then the appropriate number of plans (3) will be requested from the applicant, (no larger than 11" x 17")
Two (2) copies of a "vicinity map", prepared to scale, which shows all neighboring properties within a 500 foot radius of the subject property (applicant). The map shall also include a 100 foot radius line, taken from the subject property. The "Vicinity Map" must be prepared exactly as described in the attached instruction sheet.
Two (2) sets of self-adhesive mailing labels and one (1) photocopy of the labels which list the property owner of every parcel which falls within a 500 foot radius of the subject property (applicant). The name and address of every property owner (including applicant) and the local Homeowners' Association, if any, must be typed on 8 1/2" × 11" sheets of self-adhesive labels. The mailing labels must be keyed to the corresponding lots, as shown on the vicinity map described above. The property owners mailing list must be prepared exactly as described in the attached instruction sheet. • Proof of meeting the City's "Early Neighbor Consultation" requirements. "Early Neighbor Consultation" may be deemed adequate if the applicant submits the following:
The attached "Acknowledgement of Early Neighbor Consultation" form(s) with:
The signatures of at least 60% of the property owners (excluding applicant) within 500 feet of the applicant's lot; or
b) The signatures of at least 25% of the property owners (excluding applicant) located within 500 feet of the applicant's property and the signature of at least 70% of the property owners located within 100 feet of the applicant's property.
2) If a local Homeowner's Association exists, the applicant shall mail a letter to the Association requesting their position on the application. A copy of this letter and any responses from the association received within 30 days of the applicant's mailing must be submitted.
In order for signatures to count toward the necessary percentages, the property owner must review the plans for the proposed addition. Acceptable efforts for obtaining the necessary signatures include:
A) Door-to-door contact with neighbors, describing the proposed project and showing and explaining the plans; and/or
B) Holding an "Open House" to show and explain the proposed plans, with previous written or oral invitations to the potentially affected property owners.
Any deviations from these two methods or from using the provided forms must be approved in advance by the Community Development Director. Please refer to the City's "Guidelines and Procedures for Preservation of Views Where Structures are Involved" manual for a complete description of the Early Neighbor Consultation procedure, including an optional method for satisfying the "Early Neighbor Consultation" requirements.
Construction of a certified temporary silhouette which clearly indicates the portions of the project which are proposed to exceed 16 feet in height. The temporary silhouette shall be constructed using the method and materials shown and described in the attached instruction sheet. A waiver (see application form), absolving the City of any liability associated with construction of or damage by the temporary frame, must be signed by the property owner, and submitted with the application, prior to construction of the temporary frame. The application will not be determined complete until the height, placement, and construction of the framework is verified by Staff.
If applicable, complete applications for other proposed improvements on the property which do not require the approval of a Height Variation Application (i.e., pools/spas, first story additions, etc.).
Filing fee:
Director Review $4,651
Planning Commission Review $6,117
Neighborhood Compatibility Analysis $1,846
Foliage Analysis $571
Data Entry Processing Fee $4.00
NOTICE OF PROPOSED HEIGHT VARIATION PERMIT APPLICATION
AND
ACKNOWLEDGEMENT OF EARLY NEIGHBOR CONSULTATION
ADDRESS:
APPLICANT:
RESIDENCE OR CONSTRUCT AN ADDITION TO AN EXISTING RESIDENCE WITH A MAXIMUM PROPOSED HEIGHT OF ADDRESS AND WERE SHOWN A COPY OF THE PROJECT PLANS.
NOTE: BY SIGNING THIS NOTICE, THE UNDERSIGNED ONLY ACKNOWLEDGES THAT THEY HAVE BEEN CONSULTED WITH. THE SIGNATURES DO NOT
SIGNIFY APPROVAL OF THE PROJECT OF ANY KIND AND DO NOT WAIVE YOUR RIGHTS TO OBJECT TO ANY ASPECT OF THE PROJECT WHATSOEVER LOT # ADDRESS PRINTED NAME SIGNATURE REVIEWED
(as shown on radius map) OF LAND OWNER PLANS?*
YIN
*Landowners must acknowledge that they have seen a depiction of the project which reasonable describes the applicant's proposal, in order for their signature to qualify towards the required percentage totals.
ATTENTION APPLICANT: IF ADDITIONAL SPACE IS NEEDED, PLEASE COPY THIS FORM AND OBTAIN ALL SIGNATURES IN THIS FORMAT.
CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR PREPARING A VICINITY MAP AND PROPERTY OWNERS LIST In order to satisfy public noticing requirements, certain planning applications require the submittal of a vicinity map and accompanying property owners list. The size of the vicinity map varies by application and may involve either adjacent properties, a 100' radius, or a 500' radius. Please check on the application form you are submitting for the vicinity map size you must submit.
With the exception of "Adjacent Properties" maps, a vicinity map and property owners list must be prepared by a Title Company or other professional mailing list preparation service. The mailing labels must be certified as accurate by the agent preparing the mailing list. Attached is a list of firms that provide services in preparation of vicinity maps and certified mailing labels. This is not intended to be an exhaustive list and the cost of the services provided will vary.
If you have any questions regarding properties of the vicinity map or property owners list, as described below, please contact a planner at (310) 544-5228.
VICINITY MAP
The purpose of the vicinity map is to clearly show all properties within the required radius of the subject lot (applicant). The vicinity map must clearly show the required radius line, dimensioned and drawn from the exterior boundaries of the subject lot, as shown below. All neighboring properties (including lots outside R.P.V. city limits) which fall completely within, partially within or are just touched by the radius line, must be consecutively numbered and the names and the addresses of the owners provided to the City as described Please devise your own consecutive numbering system on the map and ignore the lot number, Assessors number, or any other number already found on the lots on the vicinity maps. An "adjacent properties" vicinity map does not involve a set radius but rather needs to identify all properties behind, beside, and in front of the proposed project site, as shown below. The city's planning staff can provide the base map for preparing the vicinity map for a nominal charge. Applicants may also prepare their own maps, at a clearly marked scale of not less than 1" = 200'.
PROPERTY OWNERS MAILING LIST
The property owner of every parcel (even if vacant, rented or government owned), which falls completely or partially within the required radius on the vicinity map must be identified, placed on a mailing list and submitted to the City. The name and address of every property owner along with the assigned lot identification number, which corresponds to the vicinity map, must be neatly typed on 8 ½" x 11 sheets of Xerox or Avery self- adhesive labels, as shown below. Two (2) sets of self-adhesive labels and a Xerox copy of the list must be provided to the City with your subject application. These labels will be used by the City to mail notice of your subject application to neighboring property owners. The property owners list must be obtained from the most current L.A. County Tax Assessor's roll. The City does not provide this service. The Assessor's office located at 500 W. Temple Street, Room 205, Los Angeles, CA 90012. Office hours are 8:00 am to 4:30 pm Monday- Friday. The telephone number is (213) 974-3441.
SAMPLE MAILING LABELS
SAMPLE VICINITY MAPS
Assigned Lot I.D. Number "Adjacent Properties"
Property Owner Name
Address
City, State, Zip Code
1 2
Harold Jackson Malcolm Hill
773 Graylog 4117 Greenwood Meadow 36
4 RPV, CA 90275 Torrance, CA 90503 ELMBANK RD.
BIRCHFIELO 5
City of RANCHO PALOS VERDES
Community Development Department
CERTIFICATION OF PROPERTY OWNERS' MAILING LIST
Application(s)
Applicant Name
Subject Property Address
Notice Radius Required
Number of property owners to be notified
I certify that the property owners' mailing list submitted with the application(s) listed above includes all of the persons listed on the latest adopted LA County Tax Roll as the legal owners (and if applicable occupants) of all parcels of land within feet of the subject property noted above. I certify that the property owners' mailing list has been prepared in accordance with the City of Rancho Palos Verdes Development Code and "Vicinity Map Instructions Sheet." I also understand that if more than 20% of preparation service, and the project notice will have to be re-mailed.
Property Owner (Applicant) Signature Date
Name (Please Print)
Map Makers and Ownership Listing Services
that may prepare radius maps and mailing lists
G.C. Mapping Srour & Associates, LLC
711 Mission St., Suite D 1001 Sixth Street, Suite 110
So. Pasadena, CA 91030 Manhattan Beach, CA 90266
(626) 441-1080 (310) 372-8433
Attn: Gilbert Castro Attn: Elizabeth Srour
JPL Zoning Services, Inc. Susan W. Case
6263 Van Nuys Blvd 917 Glenneyre St., Ste. 7
Van Nuys, CA 91401-2711 Laguna Beach, CA 92651
(818) 781-0016 (949) 494-6105
(818) 781-0929 (FAX) 949) 494-7418
Attn: Maria Falasca
T-Square Mapping Service
Kimberly Wendell 969 So. Raymond Ave., Floor 2
P.O. Box 264 Pasadena, CA 91105
Los Alamitos, CA 90720 (626) 403-1803
(562) 431-9634 (626) 403-2972 (FAX)
(562) 431-9634 (FAX) Attn: Darla Hammond
Nieves & Associates Robert Vargo
115 So. Juanita Ave. 5147 W. Rosecrans
Redondo Beach, CA 90277 Hawthorne, CA 90250
(310) 543-3090 (310) 973-4619
NotificationMaps.com City Radius Maps
668 N Coast Hwy #401 300 E. Bonita #3641
Laguna Beach, CA, 92651 San Dimas, CA 91773
(866) 752-6266 (818) 850-3382
www.notificationmaps.com Attn: Robert Simpson
DENN Engineers
3914 Del Amo Blvd., Suite 921
Torrance, CA 90503
(310) 542-9433
[email protected]
Attn: Maria Islas
GUIDELINES AND PROCEDURES
FOR
PRESERVATION OF VIEWS WHERE
STRUCTURES ARE INVOLVED
(HEIGHT VARIATION PERMITS)
CITY OF RANCHO PALOS VERDES
ADOPTED ON AUGUST 23, 1993
AMENDED ON DECEMBER 6, 1996 AND MAY 6, 2003
TABLE OF CONTENTS
Page
I. PURPOSE. 1
= DEFINITIONS 1
III. ESTABLISHING THE VIEW AREA 2
IV. EARLY NEIGHBOR CONSULTATION 4
TEMPORARY SILHOUETTE FRAME 5
Vl. BUILDING HEIGHT. 7
VIl. SETBACKS FOR SLOPING LOTS.. 9
VIII. CRITERIA FOR REVIEW....... 10
IX. MANDATORY FINDINGS 10
X. HEIGHT VARIATION PROCEDURES 14
XI. REMOVAL OF FOLIAGE AS CONDITION OF PERMIT ISSUANCE 16
ATTACHMENTS
Acknowledgement of Early Neighbor Consultation Form
Silhouette Construction Criteria
Height Variation Guidelines
May 6, 2003
1. PURPOSE
The intent of this document is to provide guidelines and procedures for protecting views which may be impaired by development of new residential structures or additions to existing residential structures. As specified in Proposition M, which was passed by the voters of Rancho Palos Verdes and became effective on November 17, 1989, the purposes for the regulations are to:
Protect, enhance and perpetuate views available to property owners and visitors because of the unique topographical features of the Palos Verdes Peninsula. These views provide unique and irreplaceable assets to the City and its neighboring communities and provide for this and future generations examples of the unique physical surroundings which are characteristic of the City. b. Define and protect finite visual resources by establishing limits which construction and plant growth can attain before encroaching onto a view.
Insure that the development of each parcel of land or additions to residences or structures occur in a manner which is harmonious and maintains neighborhood compatibility and the character of contiguous subcommunity development in the General Plan.
d. Require the pruning of dense foliage or tree growth which alone, or in conjunction with construction, exceeds defined limits.
These guidelines and procedures apply to any person proposing to construct a residential structure above sixteen feet in height, except that paragraph H of Section 2 - Removal of Foliage as Condition of Permit Issuance, applies to any residential structure, regardless of height.
II. DEFINITIONS
A. Viewing Area
Section 17.02.040 (A)(15) of the Rancho Palos Verdes Municipal Code defines "viewing area" as follows:
'Viewing area' means that area of a structure (excluding bathrooms, hallways, garages or closets) or that area of a lot (excluding the setback areas where the owner and City determine the best and most important view exists. In structures, the finished floor elevation of any viewing area must be at or above the existing grade adjacent to the exterior wall of the part of the building nearest to said viewing area."
Height Variation Guidelines
May 6, 2003
B. Section 17.02.040(A)(14) of the Municipal Code defines "View" as follows:
"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 peninsula including, but not limited to, the ocean, Los Angeles basin, city lights at night, harbor, Vincent Thomas Bridge, shoreline or off-shore islands.
"A 'View' which is protected by this Section shall not include vacant land that is developable under the city code, distant mountain areas not normally visible nor the sky, either above distant mountain areas or above the height of off-shore islands. A 'View" may extend in any horizontal direction (three hundred and sixty degrees of horizonal arc) and shall be considered as a single view even if broken into segments by foliage, structures or other interference."
III. ESTABLISHING THE VIEWING AREA
A. Section 17.02.040 (B)(5) establishes the procedure for determining the "viewing area" as follows:
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 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 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.
B. The "viewing area" of the applicant's property is where the best and most important view is taken. The determination of the "viewing area", is made "by
Height Variation Guidelines
May 6, 2003
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".
1. On undeveloped lots, the viewing area may include all of the areas of the lot, excluding the required setback areas.
On developed lots, the "viewing area" may be located on any level surface within the house (excluding bathrooms, closets, hallways or garages) which is at or above the existing grade adjacent to the exterior wall of the part of the building nearest to the "viewing area" or within the buildable area of the lot. A viewing area may be located on a patio, deck, balcony or lawn area which is adjacent to the primary structure (generally within 10 feet) and which is located on the same general grade on the lot as the primary structure, excluding the required setback areas and used as a gathering area. In determining the viewing area on a developed lot, greater weight generally will be given to locations within the primary structure where a view is taken than to locations outside of the primary structure where a view is taken, unless no view is taken from within the primary structure.
On properties where the applicant claims that he or she has a view from one or more locations either within or outside of the primary structure, it must be determined where the best and most important view is taken to determine the "viewing area" which is to be protected. The "viewing area" may only include multiple rooms or locations on the applicant's property if those locations share the same view.
4. The "viewing area" may only be located on a second (or higher) story of a structure if:
a. The construction of that portion of the structure did not require approval of a Height Variation Permit or Variance, pursuant to Chapter 17.02.040 of the Rancho Palos Verdes Municipal Code, or would not have required such a permit if that Section had been in effect at the time that portion of the structure was constructed; or b. The viewing area is located in a part of the structure that constitutes the primary living area of the house, which is the living room, dining room, family room, or kitchen. However, the viewing area may be located in the master bedroom, if a view is not taken from one of the rooms comprising the primary living area, and the master bedroom is located on the same story of the house as the primary living area.
In documenting the views, Staff will usually conduct their view analyses in a natural standing position. In those cases where the view is only enjoyed from a seated position, Staff will verify if that is the case, and if so, will conduct the view
Height Variation Guidelines
May 6, 2003
analysis from the seated position in that area at a height of not less than three (3) feet, six (6) inches, up to a full standing position.
IV. EARLY NEIGHBOR CONSULTATION
Section 17.02.040(C)(1)(b) of the Municipal Code requires that, for all proposed Height Variations:
"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 exists in the neighborhood affected and 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 their position on the application. A copy of this letter and the response of the association, if any, shall be submitted with the application." Early neighbor consultation may be deemed adequate by the Director of Planning, Building, and Code Enforcement only if the signatures of at least 60% of the landowners within 500 feet; or 70% of the landowners within 100 feet and 25% of the total number of landowners within 500 feet (including those within 100 feet) is obtained; or if mailed proof of notification of all landowners within 500 feet is provided, as well as proof of notification of the homeowners' association, if one exists. The required percentages stated above shall be based on property located in the City. An applicant is not required to obtain signatures from the owners of property that are located outside the City boundary limits (ie. Palos Verdes Estates, Rolling Hills Estates, etc.). Fewer signatures may be deemed adequate by the Director if other evidence of early neighbor consultation is provided.
Acceptable efforts for obtaining the necessary signatures for satisfying the "early neighbor consultation" requirements shall include at least one of the following, as outlined below:
A. Direct Contact
1. Door-to-door contact with the landowners within 500 feet, describing the proposed project and showing and explaining plans. Verification of this contact shall be provided by obtaining signatures from the landowners (signatures from renters or lessees are unacceptable) on the attached Acknowledgement of Proposed Construction form available from the City (no exceptions). The form indicates that the intent of the signature process is to acknowledge that the landowner has been made
Height Variation Guidelines
May 6, 2003
aware of the applicant's intentions, and is not meant to signify support of the project.
The form also delineates what project plans, if any, were exhibited to the landowners.
Landowners must acknowledge that they have seen a depiction of the project which reasonably describes the applicant's proposal, in order for their signature to qualify towards the required percentage totals.
2. Holding an "Open House" to inform landowners of the
proposed plans, with previous written or oral invitations to the potentially affected property owners. Verification of this contact shall be provided as described above.
B. Mailing
Only as a last resort, if the previous two methods have not been proven satisfactory, proof of notification may consist of a notice and reduced copies of the depiction of the project (no larger than 8 1/2"x 14") sent by the applicant by registered mail to all landowners within 500 feet of the subject property, or by providing addressed, stamped/pre-paid postage envelopes, a copy of the mailing list, reduced copies of the plans, and a letter with a description of the proposed project, along with a $10.00 fee, to the City for mailing. Using this method must be approved by the Director of Planning, Building, and Code Enforcement.
In addition to contacting the neighbors, a letter to the area's homeowners association requesting their opinion on the proposal, if any, shall be mailed.
Please note that in addition to completing the Early Neighborhood Consultation requirements stated herein, the City strongly encourages applicants proposing a project that includes the Neighborhood Compatibility analysis, such as a Height Variation application, to complete a "Pre-application Process."
The Neighborhood Compatibility "Pre-application Process" is a voluntary step in the residential development process that has been found to be helpful in addressing neighborhood issues early in the process, which may cause delays in the formal process and added expense to the applicant.
For further information regarding the suggested "Pre-application Process" please refer to Planning Staff, the Neighborhood Compatibility Handbook available at Planning Department at City Hall, or the City's Website at www.palosverdes.com/rpv.
V. TEMPORARY SILHOUETTE FRAME
Section 17.02.040(C)(1)(d) of the Municipal Code states that:
"The applicant shall construct on the site at the applicant's expense, as a visual aid, a temporary frame of the proposed structure.
Height Variation Guidelines
May 6, 2003
1. The temporary silhouette shall, at a minimum, consist of wood posts (or other sturdy and rigid material - 2" × 4"s are typical) at all corners of the structure(s) and at either end of all proposed ridgelines, with a taut rope (of 1/2" diameter) marked with triangular flagging (ribbons are not acceptable) connecting the posts (see attached diagram).
The top one foot of the posts shall be painted red or orange to better demarcate the height of the proposed structure in photo analyses, and a similar mark shall be placed using a different, but equally visible color on the posts at the 16- foot height limit, as measured pursuant to Section 17.02.040(B). Please consult with your case planner regarding the applicable method for determining the 16-foot height limit.
The temporary silhouette frame can only be erected after the waiver form, which absolves the City of any liability associated with construction of or damage by the temporary silhouette frame, has been submitted to the Director by the applicant. The waiver form (see attached) must be submitted along with the application package. In order to minimize costs involved in constructing a certified silhouette, it is advised that a property owner not construct the required certified silhouette until directed to do so by the case planner assigned to the project. This is recommended because a project may undergo revisions before being deemed complete for processing. Once given direction to construct the certified silhouette, the applicant shall notify the City when the silhouette is in place.
Furthermore, once the silhouette is constructed, a licensed engineer or architect shall certify that the silhouette accurately depicts the location and height (including the color demarcation of the silhouette posts) of the proposed development. The required certification form (see attachment) must be accompanied by a site plan that identifies the location of the silhouette posts, the existing grade elevation call-outs at the base of the posts (if posts touch existing grade), and the elevation call-outs for the top of the posts. If the silhouette is constructed entirely above an existing structure so that the posts supporting the silhouette do not touch existing grade, then the site plan must include the existing grade elevation closest to the existing structure and the supporting silhouette posts. A project will not be deemed "complete" for processing without the certification.
Staff will conduct a site inspection to review the adequacy of the silhouette's depiction of the proposed project. Adequacy will be based on an accurate depiction of the proposed project's envelope, accurate delineation of ridgelines, and the proper triangular flagging. Ribbons or other materials which tend to bend or sag are not acceptable. An application will not be considered "complete" for processing without an adequately constructed silhouette in place.
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The frame must remain in place and be maintained in good condition throughout the required notice period for the Height Variation application or the Neighborhood Compatibility analysis process, the decision process and, if necessary, any appeal periods. The frame may not be removed until the City's appeal process has been exhausted and a final decision has been rendered.
The applicant must remove the frame within seven (7) days after a final decision VI. BUILDING HEIGHT
Proposed residential building height cannot exceed 26 feet. If a greater height is desired, a Variance application is required, rather than a Height Variation Permit.
Section 17.02.040(B)(1) of the Municipal Code states that:
"Any individual or persons desiring to build a structure or an addition to an existing structure exceeding sixteen (16) feet in height may apply for a Height Variation Permit which, if granted pursuant to the procedures contained herein, will permit said individual to build a structure not exceeding twenty-six (26) feet in height, except as provided in Section 17.02.040B.1(d), or such lower height as is approved by the City..."
Height is measured based on whether the subject lot is considered an uphill, downhill, or other (pad) lot relative to the street of access, and based on the extent to which the structure slopes with the lot. Section 17.012.040(B)(1) of the Code defines height measurements as follows:
(a) "For sloping lots which slope uphill from the street of access or in the same direction as the street of access and for which no building pad exists, the height shall be measured from the preconstruction (existing) grade at the highest point on the lot to be covered by the structure to the ridgeline or the highest point of the structure." (Uphill Sloping Lot figure below):
MAX PRECONSTRUCTION.
GRAPE
30'
00 M
STREET HIGHEST POUT
COVERED BY
STRUCTURE
FIGURE I Page 7
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(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 ridge line of the highest point of the structure." Lots sloping downhill are defined as those with a minimum slope of greater than 5% over the width or length of the buildable area (whichever is the downhill direction).
нах.
STREET
- CARRUCTON
Ell
AVERAGE
FIGHRE Z
(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 pre-construction (existing) grade at the highest elevation of the existing building pad area covered by the structure to the ridge line or highest point of the structure.
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 purposes of determining maximum building height.
Structures allowed pursuant to this subsection shall contain no more than one (1) story (cellars and basements are exempted from this requirement) and shall not exceed twenty (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." (Pad Lot figure below):
te
STREET
MECONETRLCNO
RADI
_ PONT WHERE
OR EL MEATION
FINISHED GReATE
BUILDING PAS
(LESS THAN
FIGURE 3 5% SLAPE
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(d) "On sloping lots described in sections 17.02.040(B) (1)(a) and
17.02.040(B)(1)(b), the foundation of the structure shall contain a minimum eight (8) foot step with the slope of the lot. However, no portion of the structure shall exceed thirty (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 structure.
The thirty (30) foot height shall not exceed a horizontally projected sixteen (16) foot height line (from the high point of the uphill step of the structure)." (See figure below): If there is not a minimum eight (8) foot step in the structure's foundation, a Height Variation Permit and/or a Variance will be required.
VIl. SETBACKS FOR SLOPING LOTS
Section 17.02.040(B)(2) of the Municipal Code requires that:
"On lots sloping uphill from the street of access and where the height of a structure is in excess of sixteen (16) feet above the point where the lowest foundation or slab meets the ground, areas in excess of the sixteen (16) foot height limit shall be set back one (1) foot from the exterior building facade of the first story, most parallel and closest to the front property line, for every foot of height in excess of sixteen (16) feet, as measured from the point where the lowest foundation or slab meets the ground."
This provision applies to uphill lots only and covers height at any point on the structure in excess of 16 feet above the grade at the downslope side of the structure. The figure below (Height Setbacks) illustrates how a structure would need to fit within the stepped-back setback envelope.
GRATE
te PRECOLSTEUCTION
FIGURE 4
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VIII. CRITERIA FOR REVIEW
A. Administrative or Planning Commission Review
Section 17.02.040(C)(1) provides criteria for the initial review of Height Variation applications by either the Director of Planning, Building, and Code Enforcement or the Planning Commission.
1. "Any person proposing to construct a structure above sixteen (16) feet shall submit a Height Variation Permit application to the City. A determination on the application shall be made by the Director in accordance with the findings described in Section 17.02.040(C)(1)(e). The Director shall refer an application for a Height Variation Permit directly to the Planning Commission for consideration under the same findings, as part of a public hearing, if any of the following is proposed:
a. Any portion of a structure which exceeds sixteen (16) feet in height extends closer than twenty-five (25) feet from the front or street-side property line; or
b. The area of the structure which exceeds sixteen (16) feet in height (the second story footprint) exceeds seventy-five percent (75%) of the first story footprint area (residence and attached garage); c. Sixty percent (60%) or more of a garage footprint is covered by a structure which exceeds sixteen (16) feet in height (a second story); or
d. Based on an initial site visit, the Director determines that any portion of a structure which is proposed to exceed sixteen (16) feet in height may significantly impair a view as defined in this chapter." IX. MANDATORY FINDINGS
Section 17.02.040(C)(1)(e) of the Municipal Code requires that, in order for a Height Variation Permit to be issued, the City must make the following nine mandatory findings:
"The applicant has complied with the early neighbor
consultation process established by the City."
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Staff will review the submittal to be sure that the methods of early neighbor consultation, as outlined above on pages 4 and 5 of these Guidelines, are adequate.
2. "The structure does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways, or equestrian trails) which has been identified in the City's General Plan or Coastal Specific Plan as City designated viewing areas."
Any public park or right-of way will be considered for view analysis under this provision. Other sites will be limited to those specifically delineated in the General Plan, Coastal Specific Plan, or areas specifically set aside as public viewing areas. "Significantly impair" is defined in section (6) below. "The proposed structure is not located on a ridge or
promontory."
A ridge is defined in Section 17.96.1550 as "an elongated crest or a linear series of crests of hills, bluffs, or highlands". A promontory is defined in Section
17.96.1420 as "a prominent mass of land, large enough to support development, which overlooks, or projects onto a lowland or body of water on at least two sides". The analysis of ridges and promontories relates to protection of public views and vistas overlooking or looking up at ridges or promontories. The Director or Planning Commission will make a determination as to the degree of visual impact associated with construction over 16 feet in height on a "ridge or promontory" when viewed from a park, public roadway, or a designated public viewing point.
The "ridge or promontory" must be prominent in relation to the 16 to 26 foot range of heights permitted under the Height Variation Permit process. Geologic structures which would not be noticeable in relation to the size of the proposed structure probably will not be affected by development of a proposed structure, and accordingly no public view benefit would be provided by prohibiting construction on such ridges or promontories.
"The structure is designed and situated in such a manner as to minimize impairment of a view."
(a) All structures shall be designed to minimize view impairment even when a view may not be significantly impaired
(b) View impairment may be minimized by redesigning a
structure to relocate or reduce the size of the portion of the addition over 16 feet in height to lessen the view impact.
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(C) Redesign to minimize view impairment may include
relocation or reorientation of the addition, deletion of a balcony, revised roof pitch, or other measures which generally maintain the scope of the addition. (d) Minimizing view impairment does not apply to construction or additions 16 feet or less in height, even when attached to and a portion of the overall addition which includes construction which exceeds 16 feet in height. "There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment caused by the proposed structure, and (b) considering the amount of view impairment that would be caused by the construction on other parcels of structures similar to the proposed structure." (a) Significant cumulative view impairment will be considered when the individual structure may not significantly impair views, but when the effect of the structure could, in combination with other similar structures, create significant view impairment.
(b) The Director or Planning Commission will determine which other nearby parcels within the viewshed from a particular property or public place may be developed, consistent with this Section; which would further impair a view. The evaluation will usually not extend beyond three or four parcels adjacent to the subject property.
(c) The criteria for determining the significance of the cumulative view impairment is the same as for significance for the individual structure, as outlined below in paragraph 6.
"The proposed structure, 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 Permit 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."
(a) "Significant view impairment" will be determined by the Director or Planning Commission based on (a) the severity (extent, magnitude, etc.) of
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impairment of an existing view, and/or (b) the impairment of features of significance, including but not limited to Catalina Island and other offshore islands, Point Fermin or other notable coastal promontories, or the Vincent Thomas bridge or other prominent manmade landmarks, etc.
(b) The "viewing area" may only be located on a second (or higher) story of a structure if:
i. The construction of that portion of the structure did not require approval of a Height Variation Permit or Variance, pursuant to Chapter 17.02.040 o he Rancho Palos Verdes Municipal Code, or would not have required such a permit if that Section had been in effect at the time that portion of the structure was constructed; or
ii. The viewing area is located in a part of the structure that constitutes the primary living area of the house, which is the living room, family room, dining room or kitchen.
(c) If a master bedroom exists on the same level as the primary living area of the house, and if no views are enjoyed from the other primary living areas, views from the master bedroom will be considered.
(d) Views will be analyzed without respect to foliage existing on properties within 1000 feet of the property from which the view is taken. The impact of a proposed structure if the foliage did not exist will be estimated as best as can be determined. However, if the foliage blocking the view is located on the property from which the view is taken, such foliage must be removed prior to the view analysis or that foliage will be considered as remaining in the view.
"The proposed structure complies with all other Code
requirements."
Any proposed structure will be evaluated to assure compliance with zoning, General Plan, and Specific Plan requirements, including but not limited to setbacks and open space restrictions, as well as any specific conditions associated with the pertinent tract approval. If other discretionary permits are required for the second story addition, approval of the Height Variation Permit shall be contingent on the approval of those other discretionary permit.
"The proposed structure is compatible with the immediate neighborhood character."
"Neighborhood character" is defined to consider the existing characteristics of an area, including:
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(a) Scale of surrounding residences, including total square footage and lot coverage of the residence and all ancillary structures. (b) Architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials.
(C) Front, side and rear yard setbacks.
The Director's or Planning Commission's determination of compatibility with neighborhood character will be based on a review of the above criteria relative to the immediate neighborhood which is normally considered to be at least the twenty (20) closest residences within the same zoning district, and on property owner response to the required notification. Increases in scale, height, bulk or mass or decreases in setbacks or open space may be considered incompatible.
9. "The proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences." "Privacy is defined as the reasonable protection from intrusive visual observation."
(a) The burden of proving an "unreasonable infringement of indoor and/or outdoor privacy" shall be on the property owner claiming infringement of privacy. The Director or Planning Commission will make a determination on a case by case basis.
(b) Given the variety and number of options which are available to preserve indoor privacy, greater weight generally will be given to protecting outdoor privacy than to protecting indoor privacy.
Redesign to minimize invasion of privacy may include using translucent material in (upper floor) windows, eliminating windows, reducing and/or relocating balconies, or eliminating balconies.
X. HEIGHT VARIATION PERMIT PROCEDURES
A. Height Variation Permit Application
The attached "Height Variation Permit Application" must be submitted to the City's Department of Planning, Building, and Code Enforcement to initiate a request for a Height Variation Permit.
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B. Height Variation Permit Process
The following sequence of steps shall occur in order to process a Height Variation Permit application:
1. The applicant consults with property owners within 500 feet of the proposed project.
The applicant completes and submits an application form to the city's Department of Planning, Building, and Code Enforcement along with the appropriate fees. The application must be accompanied by proof of early neighbor consultation (including letter from subject Homeowners Association, if any) and the waiver form for the temporary frame.
3. The applicant erects the temporary frame and notifies Staff that the frame is in place.
4. Staff reviews the application to assure that it is complete, and inspects the site to assure that the temporary frame is in place and adequately constructed. A letter will be sent to the applicant not later than 30 calendar days after submittal indicating that the application is complete for review or what additional information or corrections are required to make the application complete for review.
5. The Director shall refer an application for a Height Variation Permit directly to the Planning Commission for consideration under the same findings, as part of a public hearing, if any of the following is proposed:
a. Any portion of a structure which exceeds sixteen (16) feet in height extends closer than twenty-five (25) feet from the front or street-side property line; or
b. The area of the structure which exceeds sixteen (16) feet in height (the second story footprint) exceeds seventy-five percent (75%) of the existing first story footprint area (residence and attached garage); c. Sixty percent (60%) or more of an existing garage
footprint is covered by a structure which exceeds sixteen (16) feet in height (a second story); or
d. Based on an initial site visit, the Director determines that any portion of a structure which is proposed to exceed sixteen (16) feet in height may significantly impair a view as defined in this chapter."
6. Staff mails notice to all property owners within a five hundred foot radius and to the affected homeowners' association, if any, and informs them that any
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objections to the proposed construction must be submitted to the City within 30 days after the date of the notice.
7. Staff will conduct view analyses to determine whether the nine review criteria are being met from properties whose owners have expressed concern regarding the proposed construction and any additional properties that Staff feels may be impacted by the proposed project.
8. Based on the view analyses, review of the plans, review of the surrounding area, and the decision criteria outlined in the Municipal Code, a decision will be rendered approving the application, approving the application with conditions, or denying the application. Letters of interest that have been received will be taken into consideration when evaluating the project based on the criteria mentioned previously.
Either the Director or the Planning Commission will render the initial decision pursuant to section VIII(A) of these Guidelines (Administrative or Planning Commission Review).
The Director's or Planning Commission's decision will be mailed to the applicant and any person who responded to the original notice. However, only written correspondence or testimony before the Planning Commission will be considered as a response entitling a person to appeal the Director's or Planning Commission's decision.
10. The Director's decision may be appealed to the Planning Commission by the applicant or by any person who provided written correspondence to the Director prior to the Director's decision. The decision of the Planning Commission may be appealed to the City Council by any person who commented orally or in writing to the Planning Commission. The appeals must be filed in writing (stating the reason(s) for the appeal) within 15 calendar days of the date of the decision notice, accompanied by the appropriate appeal fee.
11. The Planning Commission or City Council will conduct a public hearing to consider the Height Variation Permit appeal. Notice of the public hearing will be mailed at least 30 days in advance of the hearing. Notice will be provided to all persons within 500 feet of the structure in question as well as any additional property owners previously determined by the City to be affected by the proposal.
12. The Director's decision shall be final if no appeal is filed to the Planning Commission. The Planning Commission's decision shall be final if no appeal is filed to the City Council. The decision of the City Council is final.
XI. REMOVAL OF FOLIAGE AS CONDITION OF PERMIT ISSUANCE
Section 17.02.040(B)(4) of the Municipal Code requires that:
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"The City shall issue no Conditional Use Permit, Variance, Height Variation Permit, 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 said lot exceeding sixteen (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 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 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 & Park District, the findings of Section 17.02.040(C)(2)(c)(vi) shall apply. A decision by the Director may be appealed, with the appropriate fee, to the Planning Commission, and any decision of the Planning Commission may be appealed to the City Council." Foliage analysis will be conducted for any project which either adds 120 square feet or more of habitable space or involves a structure which can be used as a gathering space and viewing area, such as decks or covered patios (also, 120 square feet or more). Excluded are projects which are clearly not habitable or which are just minor architectural features (antennas, skylights, solar panels, tool sheds, garden windows, etc.). Each such planning permit will include a condition, based upon a site inspection, requiring that specified foliage be pruned or removed prior to issuance of a Building Permit.
Indoor privacy can be achieved in many unobtrusive ways such that obstructive foliage should generally not be preserved to protect indoor privacy. The burden of proof of "unreasonable" intrusion of privacy shall be on the foliage owner.
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