Chapter 17.22 — SITE PLAN PERMITS

• A. The purpose of a site plan permit is to provide for administrative review of detailed development plans for a proposed use. Uses which require a site plan permit are regarded as having a significant potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use vis-a-vis the sensitivity of the subject site or surrounding community.

The site plan review process shall apply only in the R-M and C zones when a new structure is added, when a second story is added, when one thousand square feet or more of floor area is added, or when a grading permit is required. The site plan review process shall ensure that the development standards and other city land use regulatory ordinances are applied in a coordinated fashion. The process shall incorporate architectural review conducted by the Palos Verdes Homes Association art jury and any other function of the Homes Association in order to assist in project coordination. This process is intended to promote coordination and consistency by providing all interested parties with sufficient facts to fully understand the implications and merits of a project and by facilitating well-informed decisions.

Establishment, maintenance and operation of the use or uses proposed by the application shall be in compliance with the information and specifications shown on the approved site plan permit.

A site plan permit is a precise plan of development and shall include the following:

1. A description of the use(s) and operating characteristics, including circulation and parking;

2. A plot plan showing the location of all uses;

3. Supplementary exhibits, as necessary, to show other information which may be required such as building elevations, landscaping, infrastructure, and grading;

4. Proposed conditions of approval.

• B. A site plan permit may have more restrictive site development standards than required in the zone in order to make the required findings under PVEMC § 17.22.035. Conversely, a site plan permit may have less restrictive site development standards if allowed by the specific plan for the zone and if the required findings under PVEMC § 17.22.035 can be made.

• C. A site plan permit application may be submitted only by a property owner of the subject property, by his authorized agent, or by a public agency.

• D. Site plan permits are applicable to the subject property and all rights granted by the approval of a site plan permit remain with the property and all conditions and requirements of a site plan permit are passed on to the new property owner when there is a change of ownership. A site plan permit does not extend the expiration date of any other permit required by improvements to the site.

• E. Conditions, requirements and standards, indicated graphically or in writing as part of any

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.22.010

§ 17.22.035

site plan permit granted by authority of this chapter, shall have the same force and effect as the zoning requirements of this title and PVEMC Title 18. Any use or development established as a result of an approved site plan permit but not in compliance with all such conditions, requirements or standards shall be in violation of this code; and Chapter 17.32 PVEMC, Enforcement, shall be applicable.

(Ord. 496 § 3, 1989; Ord. 529 § 16, 1991; Ord. 598 § 5, 1996; Ord. 700 § 2 (Exh. 1), 2012)

• A. Each application for a site plan permit shall be filed with the director on a form prescribed by, and with all documents and information required by, the director.

• B. Any property owner, the authorized agent of the property owner, or a local agency may submit an application for a site plan permit in compliance with the filing instructions.

• (Ord. 496 § 3, 1989; Ord. 529 § 17, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. When the planning commission or council approves an application for any site plan permit in a manner that is different from that which was presented, the planning commission or city council may require revised plans to be submitted as a condition of approval. No building or grading permits or certificates of use and occupancy authorized by site plan permit shall be issued until such revised plans are submitted to the director and found by the director to be consistent with the action of the approving authority. If such revision is not submitted within sixty days, or as otherwise specified by the approving authority, after the date of final determination, the permit shall thereafter be null and void. Nevertheless, prior to the expiration of this period, the director may grant one extension of time of an additional sixty days if it is requested and justified by the applicant.

• B. Plans that are changed from those approved by the planning commission or city council may be submitted to the director. If the director determines that the proposed changed plan is a minor amendment of no significant effect, and complies with the spirit and intent of the original approving action, the director may approve the changed plan without further compliance with this chapter.

• (Ord. 496 § 3, 1989; Ord. 529 § 18, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. The planning commission or city council, as provided in this chapter, in granting or approving a site plan permit application must find that:

  1. The use or project proposed is consistent with the general plan;

  2. The use or project is consistent with any specific plan;

  3. The use, activity, or improvements proposed by the application are consistent with the provisions of this title and PVEMC Title 18;

  4. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act and Chapter 17.10 PVEMC;

  5. The neighborhood compatibility requirements of Chapter 18.36 PVEMC have been

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City of Palos Verdes Estates, CA § 17.22.035

PALOS VERDES ESTATES CODE

§ 17.22.050

satisfied;

6. The art jury of the Palos Verdes Home Association has completed its architectural review and has approved the project; and

7. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

• B. In approving any application for a site plan permit, the planning commission or city council may impose such conditions as the planning commission or city council deems necessary or desirable to ensure that the proposed use, activity, or improvements will be established, operated, and maintained in accordance with the provisions of this chapter and any other conditions necessary to achieve the objectives of the general plan, any specific plan, and the zoning code.

• C. After the date of final determination by the planning commission or the city council, and after compliance with the provisions of this section, the proposed project may be established in compliance with all applicable regulations with the provision of the application as approved, and with the provisions and requirements of the conditions of approval. Alternately, with the concurrence of or at the request of the applicant, any site plan permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed.

• (Ord. 529 § 19, 1991; Ord. 700 § 2 (Exh. 1), 2012)

• A. A filing fee to defray the cost of processing and notification for each site plan permit application shall be paid by the property owner or his authorized agent. Such fees shall be in accordance with the fee schedule currently in effect as adopted by resolution of the city council. When different types of permits are combined per PVEMC § 17.22.010(A), the type of permit application requiring the highest fee shall be the applicable fee for the combined application, plus one hundred dollars for each additional permit included in the combined application.

• B. The filing fee shall be waived for an application filed by any city, county, district, state or federal government, or agency thereof.

• C. The planning director may refund a filing fee in whole upon a determination that the application was erroneously required or filed. The fee may be refunded pro rata, based on the cost of processing the application, if the application is withdrawn prior to a decision thereon.

• (Ord. 496 § 3, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. The period of validity of a site plan permit established pursuant to subsection B of this section shall be indefinite, or as stated in the permit, provided none of the grounds for revocation listed in PVEMC § 17.22.060 are present.

• B. A site plan permit shall be deemed established if, within ninety days of approval, all ministerial permits, including building permits, are obtained. In the case of a site plan

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.22.050

§ 17.22.070

permit where no ministerial permits are required, the permit is established when the use authorized by the permit is actually commenced within one year of the site plan permit approval. In circumstances where a certificate of use and occupancy is required, such certificate must be obtained for the permit to be established.

• C. Site plan permits shall expire and be of no further force or effect if the permit is not established or, after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

• (Ord. 496 § 3, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. Any site plan permit may be revoked by the approving authority pursuant to the provisions of this section on any of the following grounds:

  1. Such approval was based on inaccurate or misleading information;

  2. One or more of the conditions upon which such approval was granted or extended have been violated;

  3. Due to a change in conditions occurring after the original grant, the approval, or the continuation of the use as approved, is contrary to the public health, safety or general welfare, or is detrimental to or incompatible with other permitted uses in the vicinity;

  4. The findings which were the basis for the original permit approval can no longer be made;

  5. Regulations applicable when the permit was approved have been amended.

• B. Prior to any revocation, the approving authority shall hold a public hearing. The hearing shall be preceded by notice given in the same manner as was required to be given for consideration of issuance of the permit, except that the permittee shall be given not less than fifteen days’ notice. The notice shall state the causes for which revocation is considered.

• C. Following the hearing, the approving authority may revoke the permit, impose additional conditions on the permit, or revoke the permit subject to reinstatement upon compliance with specified conditions.

• D. If a revocation of any approval is ordered, the approving authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of the amortization period may be granted for good cause shown on application to the approving authority by any affected person.

• (Ord. 496 § 3, 1989; Ord. 700 § 2 (Exh. 1), 2012)

Any application for a site plan permit for a site where a site plan permit has already been approved shall be deemed to be an application for a subsequent site plan permit. A subsequent site plan permit may be approved on the condition that it supersedes all prior site plan permits. (Ord. 496 § 3, 1989; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.24.010

ZONING PROCEDURES

§ 17.24.040

CHAPTER 17.24 VARIANCES

Prior legislation: Ord. 426.

Whenever practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title and PVEMC Title 18 occur through a strict interpretation of their provisions, the planning commission or city council upon its own motion may, or upon the verified application of any property owner or owners shall, in specific cases initiate proceedings for the granting of a variance from the provisions of this title and PVEMC Title 18 under such conditions as may be necessary to assure that the spirit and purpose of this title and PVEMC Title 18 will be observed, public safety and welfare secured, and substantial justice done. All acts of the planning commission and city council under this chapter shall be construed as administrative acts for the purpose of assuring that the intent and purpose of this title and PVEMC Title 18 shall apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this title and PVEMC Title 18 or the zoning map. (Ord. 84 § 8.1, 1948; Ord. 700 § 2 (Exh. 1), 2012)

Application for variance shall be made in writing, on forms provided by the city for that purpose. The commission, from time to time, shall prescribe the information to be provided thereon. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and there shall be attached to each such application copies of all notices and actions pertaining thereto. A uniform fee shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings. The fee shall be fixed by the city council by resolution. Each application shall immediately be referred to the commission for hearing as provided in this chapter.

(Ord. 84 § 8.3, 1948; Ord. 337 § 1, 1978; Ord. 424 § 1, 1986; Ord. 700 § 2 (Exh. 1), 2012)

The application for variance shall set forth in detail such facts as may be required by the planning commission, and shall be accompanied by:

• A. Legal description of the property involved and the proposed use, with complete plans and also ground plans and elevations of all proposed buildings, and locations of existing buildings; also description of the proposed use;

• B. A reference to the specific provisions of this title and PVEMC Title 18 from which such property is sought to be excepted;

• C. The names and addresses of all property owners within three hundred feet from the exterior limits of the property involved, as shown by the latest assessment roll of the county;

• D. Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with the plans within six months from the date of filing the application.

• (Ord. 84 § 8.4, 1948; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.24.040

§ 17.24.040

The planning commission or city council, as the case may be, may grant a variance only if the following findings are made:

• A. That there are special circumstances or conditions attached to the property, which do not apply generally to other properties in the same district;

• B. That the granting of such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district but which are denied the property in question;

• C. That the granting of the variance will not result in material damage or prejudice to other property in the vicinity, nor be detrimental to the public safety or welfare;

• D. That the variance does not grant special privilege to the applicant; and

• E. That the variance request is consistent with the general plan.

• (Ord. 598 § 6, 1996; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.28.010

ZONING PROCEDURES

§ 17.28.040

CHAPTER 17.28 AMENDMENTS

Prior legislation: Ord. 425.

Amendments to this title and PVEMC Title 18 and the regulations and zoning map shall be as follows:

• A. By resolution of intention of city council;

• B. By resolution of intention of the planning commission;

• C. By application by one or more property owners of property proposed for rezoning. Any such application shall include payment of a fee to cover the cost of making maps, sending out notices, and other expenses involved, as determined by the city council by resolution. Furthermore, the application shall include the proposed amendment, a description of the property that would be affected, and an explanation of the reason of public necessity, convenience, health, safety, or general welfare requiring such amendment. The application shall be submitted to the planning director for initial review to determine the completeness of the application.

• (Ord. 84 § 9.1, 1948; Ord. 598 § 8, 1996; Ord. 700 § 2 (Exh. 1), 2012)

• A. Upon the acceptance of a completed application or upon the adoption of a resolution as described in PVEMC § 17.28.010, the director shall review the application for conformance with the provisions of this title and PVEMC Title 18. The planning director may prepare a recommendation and forward the recommendation, application, or resolution and other relevant materials to the planning commission and schedule the matter for public hearing before the planning commission pursuant to the provisions of this chapter.

• B. The planning commission shall hold a public hearing and make a recommendation to the city council, which may include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to the general plan and any applicable specific plans.

• (Ord. 700 § 2 (Exh. 1), 2012)

The city council, after receipt of the recommendation of the planning commission, shall hold a final hearing upon the proposed amendment and take such action as it deems appropriate. (Ord. 700 § 2 (Exh. 1), 2012)

No action taken by the city council pursuant to PVEMC § 17.28.030 approving any rezoning of any land included within the boundaries of the open space (OS) zone, established pursuant to PVEMC § 17.12.010, shall be valid unless and until such rezoning has been subsequently

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.28.040

§ 17.28.040

approved and ratified by a vote of the people of the city of Palos Verdes Estates. Accordingly, no rezoning of any such land approved by the city council shall take effect unless and until it has been approved by a simple majority of the voters of the city voting “YES” on a ballot measure proposing the zone change at a general or special municipal election. An advisory election does not satisfy the voter approval requirement.

(Ord. 755 § 4, 2022)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.32.010

§ 17.32.050

CHAPTER 17.32 ENFORCEMENT

The chief of police, building inspector, code enforcement officer, city clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this title and PVEMC Title 18.

(Ord. 84 § 10.1, 1948; Ord. 700 § 2 (Exh. 1), 2012)

No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title and PVEMC Titles 15, 18, and 19. Any permit issued contrary to the provisions of this title and PVEMC Titles 15, 18, and 19 shall be void and of no effect.

(Ord. 84 § 10.2, 1948; Ord. 700 § 2 (Exh. 1), 2012)

• A. All applications for building permits shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot or building site to be built upon, the location, height and area of the building or buildings to be erected, and such other information as may be necessary for the enforcement of this title and PVEMC Title 18.

• B. Where a proposed front yard is less than the prescribed minimum for the district in which the building is to be erected, such plat shall include the nearest adjoining premises on both sides in the same block on which premises buildings have already been erected, together with the location of such buildings.

• (Ord. 84 § 10.3, 1948; Ord. 700 § 2 (Exh. 1), 2012)

All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person herein shall not release such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

(Ord. 84 § 10.6, 1948; Ord. 700 § 2 (Exh. 1), 2012)

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title and PVEMC Title 18 shall be unlawful and a public nuisance and the city attorney shall, upon order of the city council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this title and PVEMC Title 18. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this title and PVEMC Title 18.

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.32.060

§ 17.32.050

• (Ord. 84 § 10.5, 1948; Ord. 700 § 2 (Exh. 1), 2012)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, except that notwithstanding any other provision of this section, any violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

(Ord. 84 § 10.7, 1948; Ord. 495 § 18, 1989; Ord. 627 § 30, 2001; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA § 17.36.010

ZONING PROCEDURES

§ 17.36.010