Chapter 17.10 — ENVIRONMENTAL QUALITY

The purpose of this chapter is to provide guidelines for the study of proposed activities and the effect that such activities would have on the environment in accordance with the requirements of the California Environmental Quality Act (“CEQA”).

(Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

Except as otherwise defined in Chapter 17.08 PVEMC, words and phrases used in this chapter shall have the same meaning given them by Chapter 2.5 of CEQA and by Article 20 of the State CEQA Guidelines, as such provisions may be amended from time to time. (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. Lead Department. The lead department shall:

  1. Determine whether an activity is a project subject to CEQA and whether the project involves the exercise of the city’s discretion;

  2. If determined to be a project that involves the city’s discretion, evaluate whether it is exempt or whether there is a possibility that the project may have a significant effect on the environment;

  3. If the project is not exempt from CEQA, submit to the director an application for preparation of an initial study, in a form approved by the director.

• B. Director. The director shall:

  1. Generate and keep a list of exempt projects;

  2. Conduct initial studies;

  3. Prepare negative declarations;

  4. Prepare draft and final EIRs;

  5. Consult with and obtain comments from other public agencies and members of the public with regard to the environmental effect of projects, including “scoping” meetings, when deemed necessary or advisable;

  6. Assure adequate opportunity and time for public review and comment on the draft EIR or negative declaration;

  7. Determine adequacy of an EIR or negative declaration;

  8. Submit the final appropriate document to the city council or other decisionmaking person or party who will approve or disapprove a project. Such decisionmaking body shall certify the adequacy of the environmental document;

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City of Palos Verdes Estates, CA § 17.10.030

PALOS VERDES ESTATES CODE

§ 17.10.060

9. File documents required or authorized by CEQA and the State CEQA Guidelines;

10. Collect fees and charges necessary for the implementation of this chapter and which may be designated by the city council;

11. Formulate rules and regulations as the director may determine are necessary or desirable to further the purposes of this chapter;

12. Evaluate and respond to comments received on environmental documents. (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. In conducting any EIR, the director shall assess traffic and transit impacts using the “transportation impact analysis” methods contained in the Los Angeles County Congestion Management Program.

• B. If an EIR is required for a project, any impact(s) identified by a transit operator shall be discussed in the EIR, in addition to all other impacts required to be discussed pursuant to CEQA.

• (Ord. 562 § 1, 1993; Ord. 572 § 2, 1993; Ord. 700 § 2 (Exh. 1), 2012)

Immediately after deciding that an EIR is required for a project, the director shall, by certified mail or other method which provides a record, send each responsible agency, each trustee agency, each public agency which provided comments after consultation pursuant to PVEMC § 17.10.030(B)(5), each fixedroute transit operator providing service to the project, including the Metropolitan Transportation Authority, each city immediately adjacent to the city, and each agency possessing jurisdiction by law with regard to the project a notice of preparation stating that an EIR will be prepared. This notice shall also be sent to every federal agency involved in approval or funding of the project. When one or more state agencies will be a responsible agency or a trustee agency, the director shall send a notice of preparation to each state responsible agency and each trustee agency with a copy to the State Clearinghouse in the Office of Planning and Research. The notice shall include the description and location of the project (by address or map) and the probable environmental effects of the project. (Ord. 700 § 2 (Exh. 1), 2012)

• A. Time Limitations. Time limits for completion of the various phases of the environmental review process shall be consistent with CEQA and the Guidelines. Reasonable extensions to these time limits shall be allowed upon consent by the applicant.

• B. Legislative Acts. Time limits set forth in this section shall not apply to legislative actions or administrative actions that require prior legislative action.

• C. Appeal. Any time limits set forth herein shall be suspended during any administrative appeal.

• (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.10.060

§ 17.10.080

• A. Posting. Notice of the decision of whether to prepare an EIR, negative declaration, or declare a project exempt shall be posted at an appropriate and publicly accessible location in or near City Hall, and shall be dated.

• B. Additional Notice. Notice that the city proposes to adopt a negative declaration or environmental impact report shall be provided to the public prior to the date of the meeting at which consideration of adoption of the negative declaration or environmental impact report shall be given. Notice shall be given to all organizations and individuals who have previously requested such notice. Notice shall also be given by publication one time in a newspaper of general circulation designated by city council for such purpose.

• (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. If the project requires review and approval by the planning commission or city council, the director may coordinate review and approval of the proposed negative declaration or environmental impact report with review of the associated entitlements by the planning commission.

• B. For any project which requires review and approval by the planning commission, it shall not approve or conditionally approve the project unless it has first complied with the requirements of CEQA. Any such CEQA determination made by the planning commission shall be final unless appealed pursuant to PVEMC § 17.10.080.

• C. For any project which requires review and approval by the city council, the planning commission shall make a recommendation to city council and shall recommend approval, denial or conditional approval of the associated environmental review.

• (Ord. 700 § 2 (Exh. 1), 2012)

• A. Time. Fifteen days after the decision is made, any interested party may appeal the decision to the planning commission, or city council if the planning commission has made a final determination pursuant to PVEMC § 17.10.070(B), by completing a request to appeal in a form provided by the director.

• B. Fee. Any person appealing a decision of the director shall pay a fee as established by the city council by resolution at the time of filing the appeal.

• C. Determination. The appeal hearing shall be limited to considerations of the environmental or procedural issues raised by the appellant in the written notice of appeal. The original decision shall be presumed correct, and the burden of proof shall be on the appellant to establish otherwise.

• D. Appeal to Planning Commission. The planning commission may uphold or reverse an environmental determination made by the director, or remand the decision back to the director for reconsideration if substantial evidence of procedural irregularities or significant new environmental issues is presented. The decision of the commission will be final, unless appealed to the city council. Any interested party may, within fifteen days after the decision of the planning commission, appeal the decision to the city council by completing a request to appeal form as approved by the director and paying a fee as established by the city council by resolution.

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City of Palos Verdes Estates, CA § 17.10.080

PALOS VERDES ESTATES CODE

§ 17.10.100

• E. Appeal to City Council. The city council shall uphold or reverse an environmental determination made by the planning commission, or remand the decision back to the planning commission for reconsideration if substantial evidence of procedural irregularities or significant new environmental issues is presented. The decision of the city council shall be final.

• (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

This chapter establishes guidelines for the evaluation of the environmental factors concerning activities within the city and in accordance with CEQA and the State Guidelines. Where conflicts exist, CEQA and the State Guidelines shall prevail except where this chapter is more restrictive. (Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

Each applicant for an entitlement governed by the provisions of this chapter shall be responsible and shall pay or reimburse the city for all costs incurred by the city in preparing any and all environmental documents and related studies required pursuant to this chapter, CEQA, or the Guidelines.

(Ord. 529 § 10, 1991; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.12.010

§ 17.12.030

CHAPTER 17.12 ZONES

For the purpose of this title and PVEMC Title 18, four classes of use zones are established as follows:

• A. R-1, single-family residential zone;

• B. R-M, multifamily residential zone;

• C. C, retail commercial zone;

• D. OS, open space zone.

• (Ord. 84 § 3.1, 1948; Ord. 373 § 1, 1983; Ord. 700 § 2 (Exh. 1), 2012)

The boundaries of such zones are shown upon the zoning map adopted by the ordinance codified in this title and PVEMC Title 18, or amendments thereto, and are adopted and approved, and the regulations of this title and PVEMC Title 18 governing the use of land and buildings, and development standards as set forth in this title and PVEMC Title 18, are established and declared to be in effect upon all land included within the boundaries of each and every district shown upon the map.

(Ord. 84 § 3.2, 1948; Ord. 700 § 2 (Exh. 1), 2012)

Where uncertainty exists as to the boundaries of any district shown on the official land use plan, the following rules shall apply:

• A. Where district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries;

• B. In unsubdivided property or where the district boundary line divides a lot, the location of such boundary, unless the same is indicated by specific dimensions, shall be determined by use of the scale appearing on the zoning map;

• C. In case any further uncertainty exists, the planning commission shall interpret the intent of the zoning map as to the location of district boundaries;

• D. Where any public street or alley, or other public right-of-way, is vacated or abandoned, the land formerly in such street, alley, or right-of-way shall be included within the district of adjoining property on either side; and in the event such street, alley, or right-of-way was a district boundary line between two or more different districts, the new district boundary line shall be the former centerline of such street, alley, or right-of-way.

• (Ord. 84 § 3.3, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.16.010

ZONING PROCEDURES

§ 17.16.020

CHAPTER 17.16 NONCONFORMITY

Prior legislation: Ords. 84 and 398.

The provisions of this title and PVEMC Title 18 shall apply to uses which become nonconforming by reason of the adoption of the ordinances codified in this title and PVEMC Title 18 or any amendment thereof, as of the effective date of such adoption or amendment. (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. Nonconforming Buildings. Any nonconforming building may be continued and maintained provided there are no structural alterations except as otherwise permitted pursuant to this chapter.

• B. Nonconforming Uses. Any nonconforming use may be continued and maintained, except as set forth in this subsection:

  1. Any use which is made nonconforming because such use is prohibited by an ordinance adopted subsequent to the establishment of such use shall be discontinued no later than six months from the effective date of such ordinance. Upon application submitted by the owner of such use, accompanied by: (a) the written consent of the owner of the building in which such use is located; and (b) evidence that such abatement period would effect a taking of property for which compensation would be required, the city council shall extend the date for termination of such nonconforming use to such date as is necessary to avoid that taking, as determined in the discretion of the city council. Notwithstanding PVEMC § 17.04.100, such application shall not be considered by the planning commission nor shall a public hearing be required prior to the determination of the city council.

  2. Any part of a building or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title and PVEMC Title 18, as they apply to the particular district, shall not thereafter be used or occupied by a nonconforming use.

  3. Any part of a building or land occupied by a nonconforming use, which use is discontinued and for which no new city business license for a similar nonconforming use is taken out for six months or more following such discontinuance, shall thereafter be used in conformity with the provisions of this title and PVEMC Title 18 and the nonconforming right shall be lost.

• C. Change in Nonconforming Use. A nonconforming use of property may be changed to another nonconforming use of a more restrictive classification, provided no structural alterations are made and that the change of use is approved by the city. Application for such a change of use shall be processed using the same procedures as for an application for a conditional use permit.

• D. New Conditional Uses. Any existing use which was permitted as a matter of right when

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.16.020

§ 17.16.050

established, but which is of the type that a subsequently enacted ordinance requires such type of use to obtain a conditional use permit before it may be implemented, shall not be deemed to be rendered nonconforming by such ordinance, but shall, instead, be deemed to have been granted a conditional use permit permitting such use to be operated in conformance with the operations existing on the effective date of such ordinance. Such deemed-approved conditional use permit shall be subject to all provisions of Chapter 17.20 PVEMC; provided, however, that notwithstanding the provisions of PVEMC §§ 17.20.050 and 17.20.070, the deemed-approved conditional use permit provided by this subsection shall expire without further hearing in any of the following situations:

1. The building or land occupied by the use with the deemed-approved conditional use permit is changed to or replaced by a use conforming to the provisions of this title and PVEMC Title 18, as they apply to the particular district; or

2. The use with the deemed-approved conditional use permit is discontinued and no city business license for a similar use is taken out for six months or more from the date of such discontinuance.

• E. This section shall not apply to nonconforming satellite dishes, amateur radio antennas, and commercial antennas, which shall comply with all applicable city regulations and standards in effect as of the effective date of the ordinance enacting this subsection.

• (Ord. 496 § 2, 1989; Ord. 605 § 1, 1996; Ord. 675 § 1, 2006; Ord. 700 § 2 (Exh. 1), 2012)

Structural alterations may be made to a nonconforming structure provided all of the following conditions are met:

• A. All work related to the alteration complies with all applicable laws and regulations;

• B. The nonconforming structure was built in compliance with all applicable laws and regulations in effect at the time it was constructed;

• C. The alteration does not increase the nonconformity in any way; and

• D. The total square footage of the structure that is proposed to be altered, or has been altered within the past five years, does not exceed fifty percent of the square footage of the existing structure.

• (Ord. 605 § 2, 1996; Ord. 700 § 2 (Exh. 1), 2012)

Any building for which a building permit has been issued and the construction of the whole or a part of which has been started prior to the effective date of the ordinance codified in this title and PVEMC Title 18 may be completed and used in accordance with the plans and application upon which the building permit was issued.

(Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. The provisions of this title and PVEMC Title 18 shall not prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building accidentally

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City of Palos Verdes Estates, CA § 17.16.050

PALOS VERDES ESTATES CODE

§ 17.16.080

damaged by fire, explosion or acts of nature or war, wherein the cost of such reconstruction, repairing or rebuilding does not exceed the fair market value of such building at the time such damage occurred.

• B. In the event that an existing nonconforming building located in the commercial (C) zone of the city is demolished, reconstructed or remodeled and the previous lot coverage exceeded eighty percent, the building may be rebuilt to the previously approved lot coverage.

• C. Notwithstanding subsection A of this section, the provisions of this title and PVEMC Title 18 shall not prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building located in the residential (R) or multifamily residential (R-M) zones of the city which is accidentally damaged by fire, explosion or acts of nature or war.

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

Any building or use located in the multifamily residential (R-M) zone of the city which is nonconforming because of changes in the city’s off-street parking requirements may not increase its habitable floor area unless the entire building is upgraded to meet current parking standards. (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

Any building or use which is nonconforming because of changes in the city’s off-street parking requirements may be expanded, increased or modified, and no addition to or change in the offstreet parking facilities shall be required except as follows:

• A. If the existing off-street parking facilities are not sufficient to comply with the new requirements after such expansion, increase or modification, additional parking facilities shall be added. The additional parking facilities to be added shall be the difference between the off-street parking facilities the new provisions would require for such use as expanded, increased or modified, and the required off-street parking facilities for such use before expansion, increase or modification under the prior requirements.

• B. Any off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of PVEMC § 18.12.060.

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. All signs which are rendered nonconforming by reason of the adoption of PVEMC § 18.12.050 shall be completely removed within the following time periods, which periods shall commence on the effective date of this section:

  1. Temporary signs, sixty days;

  2. Advertising displays pertaining to the business conducted, services available or rendered, or the goods produced, sold or available for sale, other than business identification signs, within sixty days of notification by the city.

• B. Business identification signs in existence prior to adoption of Ordinance No. 89-496 may remain nonconforming; provided, that they remain unaltered, unmoved, or unchanged.

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.16.080

§ 17.16.080

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.20.010

§ 17.20.040