Chapter 17.14 — COMMERCIAL LIMITED (CL) DISTRICT — Rancho Palos Verdes Zoning Code

17.14.010. - Purpose. ¶

This district permits those uses which serve the needs of the residents of the immediately surrounding area for those goods and services which prove essential in day-to-day living.

(Code 1981, § 17.14.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.14.020. - Uses and development permitted. ¶

Convenience goods and service businesses which serve a limited residential area, including such retail businesses as a food market, pharmacy, liquor store, bakery and coffee house; such service businesses as a barber or beauty shop, cleaners/laundry, (not to include cleaners/laundry uses that have cleaning operations on site) and minor office uses; temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); recycling centers, as approved pursuant to chapter 17.58 (Recycling); temporary special uses and developments, with approval of a special use permit pursuant to chapter 17.62 (Special Use Permits);

commercial filming or photography, with approval of a city film permit pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions); and other similar uses clearly related to the convenience level of service and purchasing as approved by the director. The director's determination on whether other similar uses are clearly related to the convenience level of service may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

(Code 1981, § 17.14.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.14.030. - Uses and development permitted by conditional use permit. ¶

The following uses and development may be permitted in the commercial limited (CL) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.14.010 of this chapter and chapter 17.60 (Conditional Use Permits):

A.

Automobile service stations, pursuant to section 17.76.090 (Automobile Service Stations);

B.

Flower and produce stands and similar commercial/agricultural retail uses;

C.

Convenience stores, pursuant to section 17.76.080 (Convenience Stores);

D.

Bed and breakfast inns;

E.

Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to chapter 17.62 (Special Use Permits), by the director;

F.

Cleaners/laundry uses which have cleaning operations on site;

Churches;

H.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

I.

Concurrent sales of alcohol and motor fuel;

J.

Developments of natural resources, except in the coastal specific plan district;

K.

Golf courses, driving ranges and related ancillary uses;

L.

Governmental facilities;

M.

Private educational uses, including nursery schools and day nurseries;

N.

Public utility structures;

O.

Outdoor active recreational uses and facilities;

P.

Small wind energy systems, pursuant to section 17.76.150 (Small Wind Energy Systems); and

Q.

Such uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program.

(Code 1981, § 17.14.030; Ord. No. 78(part), 1975; Ord. No. 166, § 2, 1983; Ord. No. 217, § 2, 1987; Ord. No. 232, § 6, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 5, 2002; Ord. No. 481, § 17, 2008; Ord. No. 491, § 3, 6-30-2009)

CHAPTER 17.16. - COMMERCIAL NEIGHBORHOOD (CN) DISTRICT

17.16.010. - Purpose. ¶

This district permits a limited number of retail, service and administrative uses, the main purpose of which is to serve the needs of a greater portion of the community.

(Code 1981, § 17.16.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.16.020. - Uses and development permitted. ¶

Convenience goods and service businesses as described in section 17.14.020 (Commercial Limited (CL) District) and a wider range of uses, including such uses as clothing stores, specialty shops, sports and hobby shops, restaurants (not including drive-through restaurants), conservatories, financial institutions, medical and dental uses, veterinary clinics (not to include the boarding of animals), private tutoring centers involving ten or fewer students (total enrollment), temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); recycling centers, as approved pursuant to chapter 17.58 (Recycling); a limited number of administrative and professional office uses; temporary special uses and developments, with approval of a special use permit pursuant to chapter 17.62 (Special Use Permits); commercial filming or photography, with approval of a city film permit pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions); and any other similar uses clearly related to the neighborhood level of service as approved by the director. The director's determination on whether other similar uses are clearly related to the neighborhood level may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

(Code 1981, § 17.16.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.16.030. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the commercial neighborhood (CN) zone if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.16.010 of this chapter and chapter 17.60 (Conditional Use Permits):

A.

Wholesale plant nurseries;

B.

Car washes;

D.

Automobile service stations, pursuant to section 17.76.090 (Automobile service stations);

E.

Flower and produce stands and similar commercial/agricultural retail uses;

F.

Convenience stores, pursuant to section 17.76.080 (Convenience stores);

G.

Bed and breakfast inns;

H.

Cleaners/laundry uses which have cleaning operations on site;

I.

Veterinary clinics involving the boarding of animals;

J.

Churches;

K.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

L.

Concurrent sales of alcohol and motor fuel;

M.

Developments of natural resources, except in the coastal specific plan district;

N.

Golf courses, driving ranges and related ancillary uses;

O.

Governmental facilities;

P.

Private educational uses, including nursery schools and day nurseries;

Q.

Public utility structures;

R.

Outdoor active recreational uses and facilities;

S.

Restaurants that sell alcoholic beverages and have dancing, live entertainment, or four or more billiard tables, dart boards, or other games which may be used for competition and/or recreation; restaurants that sell alcoholic beverages and change the type of retail license classification they hold under authority of the state department of alcoholic beverage control; and restaurants that provide drive-through window service for vehicles;

T.

Small wind energy systems, pursuant to section 17.83.060 (Small wind energy systems); and

U.

(Code 1981, § 17.16.030; Ord. No. 78(part), 1975; Ord. No. 166, § 3, 1983; Ord. No. 217, § 3, 1987; Ord. No. 232, § 7, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998; Ord. No. 377, § 6, 2002; Ord. No. 481, § 18, 2008)

CHAPTER 17.18. - COMMERCIAL PROFESSIONAL (CP) DISTRICT

17.18.010. - Purpose. ¶

This district permits those uses which provide general public services, administrative services and other similar, office uses primarily to the residents of Rancho Palos Verdes and neighboring cities.

(Code 1981, § 17.18.010; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

17.18.020. - Uses and development permitted. ¶

General public service and office uses, including administrative and professional offices and studios, exhibit halls and galleries, financial institutions, medical and dental offices; recycling centers, as approved pursuant to chapter 17.58 (Recycling); temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); and other similar service uses as approved by the director. No use shall involve the manufacture or sale of any goods, except that the manufacturing and sale of goods which is minor and clearly ancillary to the major use, may be permitted with the approval of the director. Any determination of the director regarding a

use not expressly listed in this chapter may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

(Code 1981, § 17.18.020; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

17.18.030. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the commercial professional (CP) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.18.010 of this chapter and chapter 17.60 (Conditional Use Permits):

A.

Bed and breakfast inns;

B.

Churches;

C.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

D.

Developments of natural resources, except in the coastal specific plan district;

E.

Governmental facilities;

F.

Private educational uses, including nursery schools and day nurseries;

G.

Public utility structures;

H.

Outdoor active recreational uses and facilities;

I.

Small wind energy systems, pursuant to section 17.83.060 (Small wind energy systems); and

J.

pursuant to chapter 17.80 (Hearing notice and appeal procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program.

(Code 1981, § 17.18.030; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 7, 2002; Ord. No. 481, § 19, 2008)

CHAPTER 17.20. - COMMERCIAL GENERAL (CG) DISTRICT

17.20.010. - Purpose. ¶

This district permits retail, service and administrative uses the main purpose of which is to serve the surrounding area and visitors to the area.

(Code 1981, § 17.20.010; Ord. No. 187, § 6(part), 1984; Ord. No. 320, § 7(part), 1997)

17.20.020. - Uses and development permitted. ¶

Uses allowed in sections 17.14.020 (Commercial Limited (CL) District) and 17.16.020 (Commercial Neighborhood (CN) District) and a wider range of uses including such uses as major department stores, major hardware, home improvement stores, appliance stores, furniture stores and any similar uses clearly related to the surrounding area as approved by the director. In addition, emergency shelters as defined in section 17.96.625 shall be a permitted use. The director's determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

(Code 1981, § 17.20.020; Ord. No. 187, § 6(part), 1984; Ord. No. 320, § 7(part), 1997; Ord. No. 518, § 6, 4-52011)

17.20.030. - Uses and development permitted by conditional use permit.

The following uses may be permitted in the commercial general (CG) zone if it is found in each individual case by the planning commission, that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.20.010 of this chapter and chapter 17.60 (Conditional Use Permits):

A.

Automobile service stations, pursuant to section 17.76.090 (Automobile Service Stations);

B.

Automobile service stations and car washes accompanying auto service stations, as per section 17.76.090 (Automobile Service Stations);

C.

Car washes;

Wholesale plant nurseries;

E.

Flower and produce stands and similar commercial/agricultural retail uses;

F.

Hotels;

G.

Movie theaters, billiard halls, bowling alleys, skating rinks and other similar commercial-recreational uses;

H.

Fitness studios, dance schools, computer schools and other similar educational activities or uses;

I.

Convenience stores as per section 17.76.080 (Convenience Stores);

J.

Recycling drop-off/collection facilities and community service recycling programs pursuant to chapter 17.58 (Recycling);

K.

L.

Bed and breakfast inns;

M.

Cleaners/laundry uses which have cleaning operations on site;

N.

Churches;

O.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

P.

Concurrent sales of alcohol and motor fuel;

Q.

Developments of natural resources, except in the coastal specific plan district;

R.

Golf courses, driving ranges and related ancillary uses;

S.

Governmental facilities;

T.

Public utility structures;

U.

Outdoor active recreational uses and facilities;

V.

W.

Small wind energy systems, pursuant to section 17.83.060 (Small Wind Energy Systems);

X.

Single-room occupancy facilities pursuant to section 17.76.190; and

Y.

(Code 1981, § 17.20.030; Ord. No. 187, § 6(part), 1984; Ord. No. 217, § 4, 1987; Ord. No. 232, § 8, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8, 1998; Ord. No. 377, § 8, 2002; Ord. No. 481, § 20, 2008; Ord. No. 518, § 8, 4-5-2011)

CHAPTER 17.22. - COMMERCIAL RECREATIONAL (CR) DISTRICT

17.22.010. - Purpose. ¶

This district permits those entertainment and recreational activities which are of a commercial nature, provided that a conditional use permit is obtained.

(Code 1981, § 17.22.010; Ord. No. 250, § 10(part), 1990; Ord. No. 320, § 7(part), 1997)

17.22.020. - Uses and development permitted. ¶

Only the following uses and developments may be conducted or constructed:

A.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

B.

Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this Code;

C.

Recycling centers, pursuant to chapter 17.58 (Recycling);

D.

Temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits);

E.

Other uses as provided in any applicable overlay or special districts; and

F.

Other similar uses determined by the director to be similar to the uses described in section 17.22.010 of this chapter. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

(Code 1981, § 17.22.020; Ord. No. 320, § 7(part), 1997)

17.22.030. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the Commercial Recreational (CR) District pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permit):

A.

Any new or reestablished use which is of an entertainment, visitor serving or recreational nature, including, but not limited to, a resort/conference hotel, restaurant, limited theme retail, tennis court, golf course and other entertainment and banquet facilities compatible with existing uses and the surrounding area. Such use,

if located within the coastal specific plan district, shall be required to provide public access to and along the bluff and coastline;

B.

Flower and produce stands, wholesale plant nurseries, the growing of crops and similar commercial/agricultural uses;

C.

Bed and breakfast inns;

D.

Churches;

E.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

F.

Golf courses, driving ranges and related ancillary uses;

Helistops;

H.

Private educational uses, including nursery schools and day nurseries;

I.

Public utility structures;

J.

Outdoor active recreational uses and facilities; and

K.

(Code 1981, § 17.22.030; Ord. No. 250, § 10(part), 1990; Ord. No. 320, § 7(part), 1997)

17.22.040. - Operation and maintenance. ¶

All uses shall be operated and/or maintained in a manner that does not create a public nuisance.

A.

All buildings or structures that are not in use or operation shall be secured in a manner approved by the director.

B.

Routine landscaping and ground maintenance shall continue whether or not the use is currently in operation or open to the public.

C.

Any use located within the coastal specific plan district shall be operated and maintained to preserve public coastal access, whether or not the use is currently in operation or open to the public. Such access may be restricted on a temporary basis, with the approval of the director if necessary to protect the public health, safety and welfare.

D.

Ten percent of any required parking shall be designated as public parking for coastal access as indicated by the coastal specific plan (p. U-18 Policy No. 3).

(Code 1981, § 17.22.040; Ord. No. 250, § 10(part), 1990; Ord. No. 320, § 7(part), 1997)

17.22.050. - Development standards. ¶

A.

Lot area. The planning commission may modify the minimum lot size for any lot pursuant to a conditional use permit.

B.

Landscaping. All landscaping, including the parking lot landscaping required by section 17.50.040 (Developmental standards), shall be provided at a 2:1 ratio to at-grade surface parking to provide additional buffering and screening around such facilities. Any landscaping shall be designed and maintained in a manner that prevents significant obstruction of public and private views as defined in section 17.02.040 (View preservation and restoration). Landscaping and irrigation plans must be approved by the director and the approved landscaping planted before a certificate of occupancy is issued. Landscaping shall be coordinated with the building design and site layout to provide open space, accents, relief, screening and buffering.

C.

Design.

1.

Standardized architectural styles, forms and roof types, established through contractual agreements with franchisers and used repetitively throughout southern California, statewide and nationally, shall be avoided.

2.

Design based on the unique character of the site, including topography, climate orientation, location and history, is encouraged.

3.

Visually interesting designs incorporating variations in horizontal and vertical planes, setbacks, bulk, materials and colors are encouraged.

D.

Height. Buildings above 16 feet in height may be permitted by the planning commission pursuant to a conditional use permit provided that:

1.

The proposed height is determined to be consistent with the goals and policies of the coastal specific plan, particularly as related to view and open space preservation;

2.

The proposed height results in the provision of additional public open space and the creation or protection of identified visual corridors;

3.

The proposed height is compatible and in visual scale with the overall development concept for the property; and

4.

The structure, at the proposed height, does not significantly impair a public or private view as defined in section 17.02.040 (View preservation and restoration) and is designed in a manner that minimizes view impairment.

(Code 1981, § 17.22.050; Ord. No. 250, § 10(part), 1990; Ord. No. 320, § 7(part), 1997)

ARTICLE III. - INSTITUTIONAL AND CEMETERY DISTRICTS CHAPTER 17.26. - INSTITUTIONAL (I) DISTRICT

17.26.010. - Purpose. ¶

The institutional district provides for the wide range of major public and quasi-public, institutional and auxiliary uses established in response to the health, safety, educational, cultural and welfare needs of the city in efficient, functionally compatible and attractively planned administrative centers, medical centers, cultural centers, educational institutions and similar uses in conformance with the general plan.

(Code 1981, § 17.26.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.26.020. - Uses and development permitted. ¶

Only the following uses may be conducted or constructed in institutional districts:

A.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

B.

Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code;

C.

Recycling centers, pursuant to chapter 17.58 (Recycling);

D.

Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

E.

Minor professional and retail commercial uses (such as small offices for bookkeeping, consulting, management and mail order or small businesses that create or assemble a product for sale off-site) which are clearly ancillary to the major use, if the applicant can demonstrate to the director's satisfaction that the proposed use would not result in adverse impacts to on-site or surrounding land uses from additional traffic, noise, parking and signage. No use shall involve the sale of any goods on-site. The manufacturing of goods may be permitted, if the manufacturing is primarily nonmechanical (such as assembling earthquake kits, gift baskets and floral arrangements) and is minor and clearly ancillary to the sites primary use. Written notice of the director's decision shall be given pursuant to chapter 17.80 (Hearing notice and appeal procedures). Written notice shall be given to all owners of property adjacent to the subject property. Notice of denial shall be given only to the applicant. Any interested person may appeal the director's decision to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title; and

F.

Other uses as provided in any applicable overlay or special districts. (Code 1981, § 17.26.020; Ord. No. 320, § 7(part), 1997)

17.26.030. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the institutional district, pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Public facilities owned or used and operated for governmental purposes by the city, the county, the state and the government of the United States of America, and any special district or other local agency;

B.

Educational facilities used and operated for educational purposes, including ancillary uses and developments which are operated by the educational institution and are part of, and necessary to, the educational program of the institution;

C.

Churches, temples or other places used primarily for religious services, including parochial schools and convents;

D.

Clinics and sanitariums, including animal hospitals;

E.

Sanitariums, nursing homes, rest homes, homes for the aged, homes for children and homes for mental patients. For the purpose of this section, homes for the aged may include age-restricted, for-sale or for-rent residential developments provided such a development includes a city-approved supportive service program that may include services such as an on-site caretaker, on-site property manager, meal service prepared onsite or provided to the site, an off-site transportation shuttle system provided by and dedicated solely for the residents of the development, housekeeping services, social/recreation programs, educational programs, health and nutrition programs, and/or on-site home health care personnel for the senior citizens who will reside within the development.

F.

Recycling drop-off/collection facilities and community service recycling programs, pursuant to chapter 17.58 (Recycling);

G.

Bed and breakfast inns;

H.

Cemeteries;

I.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

J.

Developments of natural resources, except in the coastal specific plan district;

K.

Helistops, in conjunction with another use allowed by this chapter;

Public utility structures;

M.

Outdoor active recreational uses and facilities;

N.

Small wind energy systems, pursuant to section 17.83.060 (Small Wind Energy Systems); and

O.

Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program.

(Code 1981, § 17.26.030; Ord. No. 78(part), 1975; Ord. No. 166, § 5, 1983; Ord. No. 293, § 4, 1993; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 9, 2002; Ord. No. 481, § 21, 2008; Ord. No. 486U, § 5, 3-3-2009; Ord. No. 487, § 5, 4-7-2009)

17.26.035. - Commercial marijuana activities prohibited. ¶

Notwithstanding any other provision of this code, commercial marijuana activities, as defined in section 17.96.445 (Commercial Marijuana Activities), are prohibited in the institutional district of the city.

(Code 1981, § 17.26.035; Ord. No. 600U, § 4, 11-8-2017)

17.26.040. - General development standards. ¶

The following standards apply to institutional districts:

A.

Setbacks.

1.

Front and street side. On lots which abut a dedicated street, the front and street side setbacks shall be 25 feet. On lots which abut a private or nondedicated street, the front and street side setbacks shall be 55 feet.

2.

Interior side and rear. The interior side and rear setbacks shall be 20 feet.

B.

Building height. Institutional buildings erected in the city shall have a building height not greater than 16 feet and shall not exceed one story, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits).

C.

Roof equipment. All roof equipment shall conform to the height limits specified in section 17.48.050 (Building height) of this title and shall be adequately screened from adjacent private properties and the public right-ofway.

D.

Parking, loading and access. The provisions of chapter 17.50 (Nonresidential Parking and Loading Standards) of this title shall apply. Where an institutional district abuts a residential district, additional parking requirements may be imposed by the director or planning commission if warranted by a proposed project or use.

E.

Transportation demand management development standards. All development shall be subject to the applicable transportation demand and trip reduction measures specified in section 10.28.030 (Transportation Demand and Trip Reduction Measures) of this municipal code. Any transportation demand or trip reduction measures required pursuant to section 10.28.030 (Transportation Demand and Trip Reduction Measures), shall be implemented in accordance with all applicable standards and specifications of this title.

F.

Deliveries and mechanical equipment. Where an institutional district abuts a residential district, all deliveries of goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the equipment, shall only be allowed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday, unless otherwise specified in an approved conditional use permit or other discretionary approval.

G.

Signs. The provisions of section 17.75.040 (Sign Permit) shall apply.

H.

Storage. Except for those outdoor uses permitted by a conditional use permit or special use permit, all maintenance and groundskeeping equipment shall be housed in permanent, entirely enclosed, structures.

I.

Lighting. All exterior lighting in institutional zoning districts shall conform to the performance standards of section 17.56.040 (Outdoor Lighting for Nonresidential Uses). Before any development is approved, a plan showing the locations and specifications of all exterior lighting shall be submitted for review and approval by the director.

J.

Buffering, screening and setbacks. Where an institutional district abuts a residential district, buffering and screening techniques shall be utilized along the abutting district boundary line, and additional setbacks for

structures, parking and activity areas may be imposed by the director and/or planning commission.

(Code 1981, § 17.26.040; Ord. No. 78(part), 1975; Ord. No. 194, § 7, 1985; Ord. No. 320, § 7(part), 1997)

17.26.050. - Expanding existing development. ¶

Any expansion of an existing development in the institutional district involving either a new structure or an addition to an existing structure, which creates at least 500 square feet of additional floor area, shall require the approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits). Expansions or additions of less than 500 square feet shall also require the approval of a conditional use permit, if the existing development is a nonconforming structure or a nonconforming use pursuant to chapter 17.84

(Nonconformities). Interior remodeling shall not require a conditional use permit, provided that no change or intensification of the existing use to a use which requires a conditional use permit results from the remodeling.

All expansions, additions and alterations are subject to the development standards described in section 17.26.040 (General Development Standards) of this chapter and the provisions of chapter 17.84 (Nonconformities).

(Code 1981, § 17.26.050; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.28. - CEMETERY (C) DISTRICT

17.28.010. - Purpose. ¶

The cemetery district provides for the permanent interment of human remains.

(Code 1981, § 17.28.010; Ord. No. 187, § 8(part), 1984; Ord. No. 320, § 7(part), 1997)

17.28.020. - Uses and development permitted. ¶

Only the following uses may be conducted or constructed in cemetery districts:

A.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

B.

Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code;

C.

Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); and

D.

Other uses as provided in any applicable overlay or special districts.

(Code 1981, § 17.28.020; Ord. No. 320, § 7(part), 1997)

17.28.030. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the cemetery district, pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Burial park for earth interments, mausoleums for vault or crypt interments and/or columbarium for cinerary interments;

B.

Mortuary;

C.

Associated sales and office uses directly related to the operation of the cemetery, including flower sales;

Churches;

E.

Developments of natural resources, except in the coastal specific plan district;

F.

Public utility structures;

G.

Small wind energy systems, pursuant to section 17.83.060 (Small Wind Energy Systems); and

H.

(Code 1981, § 17.28.030; Ord. No. 187, § 8(part), 1984; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 10, 2002; Ord. No. 481, § 22, 2008)

17.28.040. - General development standards. ¶

The following standards shall apply to cemetery districts:

Setbacks. The following setback provisions apply to all structures and below-grade interments:

1.

Front and street side. The front and street side setbacks shall be 25 feet.

2.

Interior side and rear. If abutting a residential zoning district, the interior side and rear setbacks shall be 40 feet. If abutting a nonresidential zoning district, the interior side and rear setbacks shall be 25 feet.

B.

Building height. The maximum height of any building shall be 16 feet, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permit).

C.

Roof equipment. All roof equipment shall conform to the height limits specified in section 17.48.050 (Lots, setbacks, open space area and building height) and shall be adequately screened from private properties and the public right-of-way.

D.

Signs. The provisions of section 17.75.040 (Sign permit) shall apply.

E.

Parking, loading and access. The provisions of chapter 17.50 (Nonresidential Parking and Loading Standards) of this title shall apply. Where a cemetery district abuts a residential district, additional parking requirements may be imposed by the director or planning commission if warranted by a proposed project or use.

F.

G.

Lighting. All exterior lighting in cemetery zoning districts shall conform to the performance standards of section 17.56.040 (Outdoor Lighting for Nonresidential Uses). Before any development is approved, a plan showing the locations and specifications of all exterior lighting shall be submitted for review and approval by the director.

H.

I.

Deliveries and mechanical equipment. Where a cemetery district abuts a residential zoning district, all deliveries of goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the equipment, shall only be allowed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Sunday, unless otherwise specified in an approved conditional use permit or other discretionary approval.

J.

Buffering, screening and setbacks. Where a cemetery district abuts a residential zoning district, buffering and screening techniques shall be utilized along the district boundary line, and additional setbacks for structures, parking and activity areas may be imposed by the director and/or planning commission.

(Code 1981, § 17.28.040; Ord. No. 187, § 8(part), 1984; Ord. No. 320, § 7(part), 1997)

ARTICLE IV. - OPEN SPACE DISTRICTS CHAPTER 17.32. - OPEN SPACE HAZARD (OH) DISTRICT

17.32.010. - Purpose. ¶

The open space hazard district prevents unsafe development of hazardous areas that must be preserved or regulated for public health and safety purposes. This district provides for limited recreational use of land without permanent structures, except those approved herein. All applications for development of permanent structures submitted pursuant to this chapter shall not be deemed complete until geotechnical and/or soils reports, which analyze development of the proposed structures, have been submitted and approved by the city's geotechnical staff.

(Code 1981, § 17.32.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.32.020. - Establishment. ¶

Lands shall be placed in the open space hazard district when the use of said land would endanger the public health, safety and welfare. Open space hazard districts shall include:

A.

Areas where the existing natural slope exceeds 35 percent, areas experiencing downslope movement, areas unstable for development, areas where grading or development of the land may endanger the public health and safety due to erosion or flooding, and the ocean bluffs; and

B.

Areas subject to flooding or inundation from stormwater.

(Code 1981, § 17.32.020; Ord. No. 78(part), 1975; Ord. No. 90, § 4, 1977; Ord. No. 320, § 7(part), 1997)

17.32.030. - Uses and development permitted. ¶

Land in open space hazard districts may be used for the following, provided that the applicable Natural Overlay Control District (OC-1) performance criteria established in chapter 17.40 (Overlay Control Districts) is satisfied:

A.

Outdoor passive recreation uses, such as parks, trails and other suitable facilities;

B.

The preservation of areas of outstanding scenic, geologic, historic or cultural value;

C.

The preservation of natural resources, including, but not limited to, plant and animal life;

D.

The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions;

E.

The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas;

F.

Single-family residential structures existing on June 26, 1975. Such structures may be replaced, repaired, or restored in accordance with the provisions of Code subsection 15.20.040(B), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard. The applicant shall comply with any conditions of approval, including, but not limited to, the abatement measures listed in section 15.20.050 (landslide protection measures required) determined to be applicable by the city's geotechnical staff;

G.

Remedial grading and grading, as per section 17.76.040 (Grading Permit);

H.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

I.

Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions);

J.

The growing of crops and/or fruits on one acre or less for noncommercial purposes;

K.

The use of a cargo container for storage on a developed lot, as per section 17.76.180 (Cargo Containers); and

L.

Other uses as provided in any applicable overlay or special districts.

(Code 1981, § 17.32.030; Ord. No. 78(part), 1975; Ord. No. 125, § 3, 1980; Ord. No. 320, § 7(part), 1997; Ord. No. 462, § 11, 2007; Ord. No. 696, § 5, 12-2-2025)

17.32.040. - Uses subject to conditional use permit. ¶

The following uses and developments may be permitted in an Open Space Hazard (OH) District pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Comfort stations;

B.

Maintenance buildings, larger than 120 square feet in area and up to 400 square feet in area;

C.

Public utility structures;

D.

Limited outdoor active recreational uses which do not involve permanent structures or significant alterations to the existing topography and which do not involve golf courses, driving ranges and related ancillary uses;

E.

Agricultural and horticultural uses of more than one acre, as long as such uses will not further increase hazardous conditions, alter the nature of other permitted uses, or eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency; and

F.

Additional facilities, as long as such facilities are not permanent, are clearly accessory and subordinate to the primary use, will not alter the nature of, and are limited to, those facilities necessary for utilization of the open space land.

(Code 1981, § 17.32.040; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

17.32.050. - Uses subject to city council review and approval.

A.

The following uses and developments may be permitted only with city council review and approval of a site plan review application:

1.

Self-contained chemical toilets;

2.

Maintenance buildings, not to exceed 120 square feet; and

3.

Access to a lawful use or lot is permitted in the Open Space Hazard (OH) District, provided:

a.

No other practical access to such use or lot is available;

b.

Such access will not alter the character of the premises in respect to permitted uses in the open space hazard district;

c.

Such access will not further increase hazardous conditions or alter the nature of the permitted uses; and

d.

Such access will not eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency.

B.

The city council, in approving the site plan review application, must find as follows:

1.

That the uses and developments:

a.

Are not permanent, with the exception of access;

b.

Are clearly accessory and subordinate to the primary use;

c.

Will not alter the nature of the open space land;

d.

Are limited to those facilities necessary for utilization of the open space land; and

2.

That the site plans comply with the provisions of chapter 17.70 (Site Plan Review).

(Code 1981, § 17.32.050; Ord. No. 78(part), 1975; Ord. No. 194, § 8(part), 1985; Ord. No. 320, § 7(part), 1997)

17.32.055. - Commercial marijuana activities prohibited.

(Code 1981, § 17.32.055; Ord. No. 600U, § 5, 11-8-2017)

CHAPTER 17.34. - OPEN SPACE RECREATION (OR) DISTRICT

17.34.010. - Purpose. ¶

The Open Space Recreation District (OR) provides open space for outdoor recreation, including, but not limited to, areas particularly suited for park and recreational purposes, including access to beaches, natural drainage channels and areas which serve as links between major recreation and open space reservations, including utility easements, banks of natural drainage channels, trails and scenic corridors.

(Code 1981, § 17.34.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.34.020. - Applicability. ¶

A.

When land is in public ownership:

1.

Public parks, playgrounds, wildlife preserves and viewing areas;

2.

Drainage channels, banks of natural drainage channels, watercourses, corridors, accessways and easements; and

3.

Active recreational uses.

B.

Privately owned land upon formal agreement between the owner and the city for a specific period of time:

Land which is in its natural condition;

2.

Land which is in agricultural or horticultural use; and

3.

Active recreational uses.

(Code 1981, § 17.34.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.34.030. - Uses and development permitted. ¶

Only the following uses may be constructed or conducted in open space recreation districts:

A.

Drainage channels, watercourses, parkways, trails and utility easements;

B.

Public recreational uses. Those in the coastal specific plan district shall be compatible with, and incidental to, the uses set forth in the coastal specific plan;

C.

Agriculture and horticulture;

D.

Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits);

E.

Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions);

F.

Recycling centers, pursuant to chapter 17.58 (Recycling);

G.

Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); and

H.

Other uses as provided in any applicable overlay or special district.

(Code 1981, § 17.34.030; Ord. No. 78(part), 1975; Ord. No. 149, § 9, 1982; Ord. No. 320, § 7(part), 1997)

17.34.040. - Uses and development permitted by conditional use permit. ¶

The following uses may be permitted in the open space recreation district pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits):

A.

Privately owned recreational areas of an open nature, stables, parks, playgrounds, wildlife preserves and such buildings and structures as are related thereto;

B.

Residential structures for a caretaker and family;

C.

Commercial antennas, pursuant to section 17.76.020 (Antennas);

D.

Developments of natural resources, except in the coastal specific plan district;

E.

Golf courses, driving ranges and related ancillary uses;

F.

Helistops, in conjunction with another use allowed by this chapter;

G.

Public utility structures;

H.

Small wind energy systems, pursuant to section 17.83.060 (Small Wind Energy Systems); and

I.

(Code 1981, § 17.34.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 377, § 11, 2002; Ord. No. 481, § 23, 2008)

17.34.045. - Commercial marijuana activities prohibited. ¶

(Code 1981, § 17.34.045; Ord. No. 600U, § 6, 11-8-2017)

17.34.050. - Development standards. ¶

The following development standards shall apply to all privately owned land and structures in the open space recreation district:

A.

Minimum lot size. No lot shall be created with an area of less than one acre, except that the planning commission may permit a smaller lot or may rezone a smaller lot to the open space recreation district upon finding that such smaller lot will provide for an open area which is to be used by the general public or a group of property owners.

B.

C.

Lot coverage. Lot area covered by buildings or structures shall not exceed ten percent of the total lot area.

D.

Parking. Parking spaces for private uses shall be provided as required by the planning commission. Such requirement shall be based on the requirements of this title for uses similar to the proposed use. (For parking area development standards, see chapter 17.50 (Nonresidential Parking and Loading Standards)).

(Code 1981, § 17.34.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

ARTICLE V. - SPECIAL DISTRICTS CHAPTER 17.38. - SPECIFIC PLAN DISTRICTS

17.38.010. - Purpose. ¶

A specific plan district designates functionally interrelated geographic areas where detailed studies are being conducted. These studies shall provide the means for coordinating, balancing and regulating the development of property within a specific plan district in order to provide consistency with the goals of the general plan.

(Code 1981, § 17.38.010; Ord. No. 514, § 6, 10-15-2010)

17.38.020. - Establishment. ¶

The planning commission may, or if so directed by the city council, shall, designate districts for which specific plans shall be prepared based on the general plan and recommend regulations, programs and legislation as

may, in its judgment, be required for the implementation of the general plan. A specific plan district may be designated while a specific plan is in progress or following its completion. The planning commission may recommend such plans and measures to the city council for adoption according to the provisions of Government Code §§ 65450—65457, which are incorporated into this chapter by this reference, as if fully set forth.

(Code 1981, § 17.38.020; Ord. No. 514, § 6, 10-15-2010)

17.38.030. - Area delineation. ¶

Each specific plan district must encompass an identifiable, functionally interrelated, geographic area. A definite boundary shall be shown or described, although the plan documents may show or provide information concerning land outside the area for reference purposes.

(Code 1981, § 17.38.030; Ord. No. 514, § 6, 10-15-2010)

17.38.040. - Content. ¶

A specific plan may include maps, plans, diagrams, models and text, which shall include, at a minimum, the information required by California Government Code §§ 65451 and 65452.

(Code 1981, § 17.38.040; Ord. No. 514, § 6, 10-15-2010)

17.38.050. - Conflict with other Code provisions. ¶

In the event that the regulations or requirements of a specific plan district are in conflict with other applicable provisions of this title, the specific plan shall govern.

(Code 1981, § 17.38.050; Ord. No. 514, § 6, 10-15-2010)

17.38.060. - Coastal Specific Plan District. ¶

The Coastal Specific Plan District comprises all land seaward of Palos Verdes Drive South and Palos Verdes Drive West as indicated on the city's official zoning map. The provisions and requirements for this district are set forth in chapter 17.72 (Coastal Permits).

(Code 1981, § 17.38.060; Ord. No. 514, § 6, 10-15-2010)

17.38.070. - Western Avenue Specific Plan District 1. ¶

Western Avenue Specific Plan District 1 encompasses The Terraces shopping center at the southwest corner of Caddington Drive and Western Avenue (28901 Western Avenue). The plan strives to provide a safe, convenient and attractive commercial development related to the needs of the area. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director.

(Code 1981, § 17.38.070; Ord. No. 514, § 6, 10-15-2010)

17.38.080. - Western Avenue Specific Plan District 2. ¶

Western Avenue Specific Plan District 2 encompasses the west side of Western Avenue, south of Crestwood Street to the city boundary (29505—29701 Western Avenue). The plan establishes a guide for the

comprehensive renovation of the existing commercial development. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director.

(Code 1981, § 17.38.080; Ord. No. 514, § 6, 10-15-2010)

17.38.090. - Western Avenue Specific Plan District 3. ¶

Western Avenue Specific Plan District 3 encompasses all properties which front on the west side of Western Avenue from, and including, 29019—29421 Western Avenue. This area is located between Western Avenue specific plan districts 1 and 2. This plan encourages quality renovation and development that builds on the opportunities available to this area and eliminates, or reduces, the constraints this area faces. The plan proposes cohesiveness in design to suggest an identity for the site as well as for the city. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director.

(Code 1981, § 17.38.090; Ord. No. 514, § 6, 10-15-2010)

17.38.100. - Eastview Park Specific Plan District. ¶

The Eastview Park Specific Plan District encompasses Eastview Park, located at 1700 Westmont Drive. The property is owned by the county sanitation districts and provides a secure access point for the districts' joint outfall system sewer lines. The city leases the property from the districts for park purposes. The plan ensures that the park is maintained and developed for passive recreational use that is compatible with the surrounding residential and commercial lands uses and preserves the districts' rights and ability to access and maintain the underground sewer lines. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director.

(Code 1981, § 17.38.100; Ord. No. 514, § 6, 10-15-2010)

CHAPTER 17.40. - OVERLAY CONTROL DISTRICTS

17.40.010. - Purpose. ¶

Overlay control districts provide criteria which further reduce potential impacts which could be directly created or indirectly induced by proposed and existing developments in sensitive areas of the city. These areas have been defined by the general plan and other studies to be sensitive areas due to unique characteristics contributing significantly to the city's form, appearance, natural setting, and historical and cultural heritage. Therefore, this chapter:

A.

Regulates the manner in which specifically identified critical lands within the city are used and maintained, in order to ensure a proper relationship between inherent, unique features of these lands and urban uses, both existing and future;

B.

Enhances watershed management, controls storm drainage and erosion, and controls the water quality of both urban runoff and natural water bodies within the city;

Maintains and enhances land and water areas necessary for the continued survival of valuable land, and marine-based wildlife and vegetation;

D.

Maintains and promotes the historic and archaeological heritage of the community; and

E.

Maintains and enhances the visual aspects of the community and its setting, including significant views and overall visual qualities which characterize and define the community. The use of overlay control districts provides more flexibility in the design and implementation processes in terms of the mitigation opportunities available to deal with the unique and varied conditions within these districts which will enhance both the proposed use and the unique properties of the areas within these districts.

(Code 1981, § 17.40.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.40.020. - General exclusions.

The provisions of this chapter shall not apply to:

A.

Removal or clearing of vegetation for the purpose of fire protection, such as the establishment of fuel breaks and fire breaks, thinning or brush clearing, provided such removal or clearing of vegetation follows a plan approved by the county fire department or other applicable approvals required by the city, state or federal government; and

B.

Maintenance or improvement of any public road, utility, drainage structure or similar public service facility within a right-of-way or easement owned by a government or government agency at the effective date of the ordinance codified in this title.

The land coverage provisions of this chapter shall not apply to the use, development or alteration of any public road constructed by any governmental agency.

(Code 1981, § 17.40.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.40.030. - Designation and effect of overlay control districts and district maps.

A.

Establishment of districts. In order to carry out the purposes of this chapter, the following districts, and symbols therefor, are created:

symbols therefor, are created:
District	Symbol
Natural Overlay Control District	OC-1
Socio-Cultural Overlay Control District	OC-2
Urban Design Overlay Control District	OC-3

Automotive Service Station Overlay Control District OC-4

B.

Maps and other permits. No permit shall be issued by any permit-issuing authority for the use, development or alteration of land within an overlay control district unless the permit applicant presents evidence of compliance with the criteria and regulations of this chapter.

C.

Effect of districts.

1.

The criteria established by this chapter for each overlay control district shall apply to any use, development or alteration of land included in each district, unless otherwise specified in this chapter.

2.

The districts established by this chapter shall be combined with the base zoning districts established by this title and may be combined with each other. In the case of any land for which contradictory criteria or regulations exist because of the combining of districts, the more restrictive criterion or regulation shall apply.

3.

The inclusion of land within an overlay control district shall be indicated on all maps and plans submitted to the city as part of a development application by the district symbols established in subsection a of this section.

D.

Exceptions. Where physical or cultural features or developed areas existing on the ground at the effective date of the ordinance codified in this title are at variance with the indicated overlay control district boundaries, the determination may be made by the director, with appeal to the planning commission and city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title, that the requirements of this chapter do not apply. Said determination shall be made in compliance with section 17.88.030 (Zoning Map).

(Code 1981, § 17.40.030; Ord. No. 320, § 7(part), 1997)

17.40.040. - Natural Overlay Control District (OC-1) and regulations.

A.

Purpose. The Natural Overlay Control District (OC-1) is established to:

1.

Maintain and enhance land and water areas necessary for the survival of valuable land and marine-based wildlife and vegetation; and

2.

Enhance watershed management, control storm drainage and erosion, and control the water quality of both urban runoff and natural water bodies within the city.

B.

Application. The following lands and waters shall be included in this district and shall be maintained in compliance with the criteria of this section, unless otherwise excluded:

1.

All lands identified in the natural environment element of the general plan under category RM-5 (Old Landslide Area) and all lands identified in the coastal specific plan under categories CRM-3 (Hazard), CRM-4 (Marginally Stable) and CRM-5 (Insufficient Information);

2.

All lands identified in the natural environment element of the general plan under category RM-6 (Hydrologic Factors); and all lands identified in the coastal specific plan under categories CRM-7 (Flood/Inundation Hazard) and CRM-8 (Hydrologic Factors), including all identified major and minor natural drainage flows, storm channels and storm drains existing on April 25, 1975, the effective date of Ordinance No. 78 of the city, storm channels and drains proposed after that date, and outfall areas;

3.

All water areas identified in the natural environment element of the general plan under category RM-7 (Marine Resource), including all intertidal marine resources, tide pools, and the ocean waters and bottom within the projected boundaries of the city to the legally established, three-mile offshore limit, and all ocean beaches, bluffs and cliffs;

4.

All lands identified in the natural environment element of the general plan under category RM-8 (Wildlife Habitat) and lands identified in the coastal specific plan under category CRM-9 (Wildlife Habitat);

5.

All lands identified in the natural environment element of the general plan under category RM-9 (Natural Vegetation) and all lands identified in the coastal specific plan under category CRM-10 (Natural Vegetation), also including such areas as are within category RM-8 (Wildlife Habitat) described in this section; and

6.

All such lands and water areas which may be added to any of the above categories, pursuant to chapter 17.68 (Zone Changes and Code Amendments).

C.

Performance criteria. The following criteria shall be used in assessing any and all uses, development and alterations of land included in this district and shall provide that these actions do not:

Cover or alter the land surface configuration by moving earth on more than ten percent of the total land area of the portion of the parcel within the district, excluding the main structure and access;

2.

Alter the course, carrying capacity or gradient of any natural watercourse or drainage course which can be calculated to carry over 100 cubic feet per second once in ten years;

3.

Fill, drain or alter the shape or quality of any water body, spring or related natural spreading area of greater than one acre;

4.

Develop otherwise permitted uses within 50 feet of the edge of a watercourse or drainage course which can be calculated to carry more than 500 cubic feet per second once in ten years;

5.

Clear the vegetation from more than 20 percent of the area of the portion of the parcel within the district, or remove by thinning more than 20 percent of the vegetation on the parcel, excluding dead material and excluding those brush clearance activities necessary for fire protection;

6.

Use herbicides to control or kill vegetation;

7.

Remove vegetation within a designated wildlife habitat area;

8.

Cover more than 20 percent of a parcel known to contain sand, gravel or other materials which may aid in natural beach replenishment;

9.

Alter the characteristics of the surface soils so as to allow surface water to stand for over 12 hours; make the soil inadequate as a bearing surface for pedestrian, equestrian, bicycle or motorized emergency vehicle access; make the soil unstable and subject to sliding, slipping, or water or wind erosion;

10.

Result in chemicals, nutrients or particulate contaminants or siltation being discharged, by stormwater or other runoff, into a natural or manmade drainage course leading to the ocean or any other natural or manmade body of water;

Propose a sewer or wastewater disposal system involving the spreading, injecting or percolating of effluent into the ocean or into the soil of a natural or manmade drainage course, if alternative locations are available;

12.

Alter, penetrate, block or create erosion or significant change of the area within 100 feet of an ocean beach or top edge of an ocean bluff or cliff;

13.

Alter, penetrate, block or create erosion on the shoreline measured at mean high tide or alter the characteristics of the intertidal marine environment;

14.

Alter, dredge, fill or penetrate by drilling, the ocean floor within the jurisdiction of the city; or

15.

Alter any land area which has previously experienced massive downslope movement, so as to reactivate or create conditions which could lead to the reactivation of downslope movement.

D.

Additional materials may be required. Specialized studies may be required by the director or director of public works for particular locations, sites or projects within this district, including, but not limited to, grading report, soils report, drainage report, biota report, water quality report or other scientific and engineering studies.

(Code 1981, § 17.40.040; Ord. No. 78(part), 1975; Ord. No. 117, § 5(part), 1979; Ord. No. 320, § 7(part), 1997)

17.40.050. - Socio-Cultural Overlay Control District (OC-2) and regulations.

A.

Purpose. The Socio-Cultural Overlay Control District (OC-2) is established to:

1.

Preserve, protect and maintain land and water areas, structures and other improvements which have significant historical, archaeological or cultural importance; and

2.

Provide for the designation, protection and maintenance of land and water areas and improvements which may be of unique scientific or educational value.

B.

Application. The following lands, improvements and waters shall be included in this district and shall be maintained in compliance with the criteria of this chapter, unless otherwise excluded:

All land areas, structures and improvements described in the historical resources section of the general plan and coastal specific plan, and sites designated in specific information on file with the director, as well as any additional land areas, structures and improvements which may be designated by the city as being of historical significance;

2.

All land areas within 200 feet of the site boundaries of any of the above or subsequently designated areas of historical significance;

3.

All known and probable archaeological and paleontological sites, as designated in specific information on file with the director, as well as any additional sites which may be added as the result of information provided by qualified authorities in these fields;

4.

General areas designated as archaeologically sensitive in the general plan and coastal specific plan, including all land and water areas within the city's jurisdiction to seaward of Palos Verdes Drive West and Palos Verdes Drive South; all undeveloped land areas south of Crest Road between the Crenshaw Boulevard right-of-way and Hawthorne Boulevard;

5.

All land and water areas within 200 feet of designated, known, or probable archaeological and paleontological sites and within 200 feet of the defined boundaries of the general areas designated as archaeologically sensitive by this section or by the general plan;

6.

All land and water areas within the jurisdiction of the city which, at the time of April 25, 1975, the adoption of Ordinance No. 78 of the city, have been designated and generally delineated by recognized authorities, agencies or institutions as being of scientific or educational value, and which are so designated in information on file with the director, as well as any subsequently designated areas; and

7.

All such land and water areas, structures and improvements which may be added to any of the above categories as a result of the specific plan process or other detailed planning studies by the city.

C.

Performance criteria. The following criteria shall be used in assessing any and all uses, developments and alterations of land included in this district, and shall provide that these actions:

1.

Do not result in the blockage or impeding of views and controlled physical access by easement or passage to land and water areas, as well as improvements, covered by this chapter when such views or access are

deemed to be critical to the historical, archaeological, paleontological, scientific or educational value of the designated site, areas or improvement;

2.

Be related to the development of otherwise permitted uses in lands adjacent to and surrounding those areas in the district in such a way as to prevent the proper functioning of these permitted uses without significant exception to these performance standards, thus tying this district to other uses in a nonseverable manner;

3.

Do not result in modifications to terrain, vegetation or other natural features which serve to protect designated archaeological and paleontological sites and sensitive areas from the effects of wind and other climatic factors, including natural or manmade water runoff or which would similarly alter adjacent lands within 200 feet of the boundaries of lands covered by this district in such a way as to render lands within the district susceptible to such impacts;

4.

Do not result in the use or conversions of such designated historical, archaeological, paleontological, scientific or educational lands, water or improvements as commercial profit-making ventures open to the general public without the application of specific approval and control by the city over hours, types, intensities, purposes, fees and other operations of such areas or facilities, including organized tours by motor vehicle, bicycle, pedestrian or boat; and

5.

Do not result in the provision of inadequate security protection against vandalism or uncontrolled public exposure to archaeological or paleontological sites under excavation or study, historic structures, or areas undergoing renovation or maintenance, or scientific or educational research being conducted on-site.

D.

Additional materials may be required. Specialized studies may be required by the director for sites, areas, structures or other improvements covered by both the specific designations and intent of this district, including, but not limited to, historic analysis, architectural history analysis, applications and supporting material as may be required by the National Historic Preservation Act of 1966 or any subsequent state, county or city historic preservation legislation or regulations, detailed archaeological or paleontological studies in support of an environmental impact report by qualified authorities, evidence of the scientific and other bases for any designation of an area covered by this district as being of significant scientific or educational value.

(Code 1981, § 17.40.050; Ord. No. 78(part), 1975; Ord. No. 117, § 5(part), 1979; Ord. No. 320, § 7(part), 1997)

17.40.060. - Urban Appearance Overlay Control District (OC-3) and regulations.

A.

Purpose. The Urban Appearance Overlay Control District (OC-3) is established to:

Preserve, protect and maintain land and water areas, structures and other improvements which are of significant value because of their recreational, aesthetic and scenic qualities, as defined in the visual aspects portion of the general plan and the corridors element of the coastal specific plan;

2.

Preserve, protect and maintain significant views and vistas from major public view corridors and public lands and waters within the city which characterize the city's appearance as defined in the visual aspects portion of the general plan and the corridors element of the coastal specific plan;

3.

Ensure that site planning, grading and landscape techniques, as well as improvement planning, design and construction will preserve, protect and enhance the visual character of the city's predominant land forms, urban form, vegetation and other distinctive features, as identified in the general plan and the coastal specific plan; and

4.

Preserve, protect and maintain significant views of and from slope areas within the community which characterize the city's dominant land form appearance.

B.

Application. The following lands, water and improvements shall be included in this district and shall be maintained in compliance with the criteria of this section, unless otherwise excluded:

1.

All visual accents, view corridors, adjacent lands, impacting corridors and viewing areas, as generally defined by the general plan and the coastal specific plan;

2.

All vehicular thoroughfares which are or may be designated within the city as scenic highways under the provisions of state, county or city law, including lands which may fall within the scenic corridors within which these highways are located; and

3.

All such lands and water areas which may be added to any of the above categories as a result of the specific plan process or other detailed planning studies by the city.

C.

Performance criteria. The following criteria shall be used in assessing any and all uses, developments and alterations of lands included in this district, and shall provide that these actions do not:

Result in the change in elevation of the land or construction of any improvement which would block, alter or impair major views, vistas or viewsheds in existence from designated view corridors, view sites or viewpoints at the dates of adoption of the general plan and the coastal specific plan in such a way as to materially and irrevocably alter the quality of the view as to arc (horizontal and vertical), primary orientation or other characteristics;

2.

Cause the removal or significant alteration of structural focal points and natural focal points, as defined and designated in the general plan;

3.

Cause the mass and finish grading or any topographic alteration which results in uniform, geometrically terraced building sites which are contrary to the natural land forms, which would substantially detract from the scenic and visual quality of the city, which would be contrary to the grading criteria contained in section 17.76.040 (Grading Permit) or which would substantially change the natural characteristics of a drainage course, identified natural vegetation or wildlife habitat area;

4.

Create site plans, building or other improvement designs which would result in other significant changes to the natural topography or which would prevent or hinder the use of naturalized minimum grading techniques to restore an area to its natural contours;

5.

Grade any area or remove vegetation from such an area without replacing such areas with properly drained, impervious surfaces or suitable vegetation within six months of the commencement of such activities;

6.

Propose the use of any vegetative materials which are not compatible with the visual, climatic, soil and ecological characteristics of the city or which require excessive water;

7.

Create a cut or embankment with a slope greater than three feet horizontal to one foot vertical (3:1) and more than 15 feet in total elevation which is located adjacent to a publicly maintained right-of-way or area unless an agreement with the city for the vegetation and perpetual maintenance of such slope at no cost to the city is executed and bonded; and

8.

Result in changes in topography or the construction of improvements which would block, alter or otherwise materially change significant views, vistas and viewshed areas available from major private residential areas of the community which characterize the visual appearance, urban form and economic value of these areas.

D.

(Code 1981, § 17.40.060; Ord. No. 78(part), 1975; Ord. No. 117, § 5(part), 1979; Ord. No. 320, § 7(part), 1997)

17.40.070. - Automotive Service Station Overlay Control District (OC-4) and regulations. ¶

The Automotive Service Station Overlay Control District is established to encourage service stations to remain in the city in order to address the following concerns. The recent trend toward conversion of service stations and automotive repair businesses on the Palos Verdes peninsula to nonautomotive service uses has resulted in an increasing unavailability of essential automotive services to residents of the city, including automobile refueling and emergency services. Furthermore, closure of service stations and conversion to other uses creates an increase of automobile traffic in the city going to those converted uses, which correspondingly increases the need for automotive service uses and service stations. Thus, at the same time that automotive service uses are disappearing, the need for additional automotive services is increasing. The tension created by the dwindling supply of locations to obtain automotive services and the increased need for those services is detrimental to the public health, safety and welfare. Accordingly, the Automotive Service Overlay Control District (OC-4) is created to facilitate the establishment and continuation of businesses which provide automotive services in the city.

A.

Applicability. The automotive service overlay control district permits uses upon approval of a conditional use permit which provide automotive services to the residents of the city and visitors driving within the city. Notwithstanding section 17.84.050 (Nonconforming Uses), uses which provide automotive services and are located within the automotive service overlay control district shall be considered conforming uses, regardless of the base zoning district and whether a conditional use permit has been approved for the use. The automotive service overlay control district shall be limited to the following eight sites:

Location/address	Existing General Plan Land Use Designation	Existing Underlying Zoning Designation
1. 31186 Hawthorne Boulevard	Commercial Retail	Commercial Neighborhood (CN w/CUP)
2. 29501 Miraleste Plaza	Commercial Retail	Commercial Limited (CL w/CUP)
3. 29701 Western Avenue	Commercial Retail	Commercial General (CG w/CUP)
4. 29421 Western Avenue	Commercial Retail	Commercial General (CG w/CUP)
5. 27774 Hawthorne Boulevard	Residential (6—12 DU/acre)	RM-8
6. 28105 Hawthorne Boulevard	Residential (2—4 DU/acre)	RS-4
7. 28732 Highridge Road	Institutional	I
8. 5656 Crest Road	Residential (1 DU/acre)	RS-2

Uses permitted with a conditional use permit. In addition to the existing uses permitted under the base zoning district, the following uses shall be allowed in the OC-4 district:

1.

Full-service gasoline stations which provide automotive repair services in addition to the sale of gasoline or other alternative fuels;

2.

Automotive repair businesses;

3.

Self-service gasoline stations (without full-service facilities);

4.

Car washes;

Smog testing businesses;

6.

Oil/fluid change businesses;

7.

Sales of automotive products (e.g., tire sales); and

8.

Sales of items such as prepared foods, beverages and other sundry items, as deemed appropriate by the planning commission, to be clearly ancillary and subordinate to a service station use. If the planning commission finds that the ancillary use is not limited to vending machines, then the planning commission shall analyze the proposed ancillary use pursuant to the criteria set forth in section 17.76.080 (Convenience Stores).

C.

Development guidelines. The following development guidelines shall be used to review automotive service uses within the OC-4 zone when a conditional use permit is required by this Code for a specific development project. In such cases, the OC-4 development guidelines described herein shall supersede the development standards contained in section 17.76.090 (Automobile Service Stations). Additions or expansions to automotive uses located within the automotive service overlay control district which do not require the approval of a conditional use permit shall be reviewed using the development standards of section 17.76.090 (Automobile Service Stations). The guidelines listed below may be deviated from, as determined by the planning commission to be appropriate, in individual cases for the uses permitted in subsection (B) of this section.

1.

Lot area. The minimum area of a site for an automotive service use shall be 20,000 square feet, with a minimum frontage of 100 linear feet on each street side. For those properties with more than two pump islands and three service bays, there shall be 2,000 additional square feet of lot area for each additional pump island; and 20,000 additional square feet of lot area for each additional service bay.

2.

Setbacks. The minimum setback shall be ten feet from any property line. This shall apply to any part of the structure, canopies or building. Pump islands shall be set back 20 feet from any property line.

3.

Building size. Buildings which include service bays shall not be less than 1,200 square feet (exclusive of canopies).

4.

Building height. The maximum allowable building height shall be consistent with the underlying zoning, and shall be compatible with the surrounding uses, as determined by the planning commission.

5.

Curb cuts and driveways. There shall be no more than two vehicular driveways on any one street. No driveway curb cut shall be closer than five feet from the beginning of the curb return at the corner of an intersection. No driveway shall exceed a width of 35 feet. Driveway curb cuts shall be a minimum of 25 feet apart. Entrances to an abutting commercial development or combined driveways will be encouraged to facilitate good circulation.

6.

Parking. Parking of vehicles on site is prohibited except for vehicles which are in the process of being serviced, vehicles belonging to employees, and service and tow trucks owned by the establishment. The parking of vehicles which impede the view of traffic on the public streets is prohibited.

7.

Perimeter walls. Walls may be required on the property lines and along the street planted areas, if the planning commission determines that the site should be buffered from abutting properties, due to incompatibility with adjacent uses.

8.

Refuse area. An enclosed refuse area, to be integrated with the design of the structure, shall be provided to meet the specifications of the city.

9.

Restrooms. All restroom entrances shall be screened from view of adjacent properties or public rights-of-way by solid decorative screening, which is subject to the review and approval of the planning commission.

10.

Utilities. No building permit for a new structure or an addition to an existing structure which adds 25 percent or more to the floor area shall be issued, unless plans to place all utilities underground are reviewed and approved by the planning commission.

11.

Lighting. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded.

12.

Landscaping. Landscaping plans shall be subject to the review and approval by the planning commission. There shall be the following minimum landscaping:

a.

The ten-foot setback along the street frontages shall be landscaped, except where there are driveways. Planting shall not exceed three feet in height, except for trees; and

b.

Eight percent of the total site shall be landscaped in addition to that required under subsection (C)(1) of this section. All landscaped areas shall have permanent automatic irrigation systems and shall be kept well maintained. All planting areas shall be surrounded by six-inch PCC curbs, unless they have higher planter walls.

13.

Off-site improvements. Off-site improvements, including curb, gutter, sidewalk, pavement, streetlights and street trees are required to be installed by the developer. These improvements must meet city specifications. Where future installation is approved by the city, performance bonds are required.

14.

Drainage. All drainage to the street shall be by underground drainage structures to avoid drainage across the surface of city walks or drive aprons. All drainage shall comply with this title and any other title of this Code and any other applicable laws.

15.

Paving. All areas not planted or developed with a building must be paved to meet city specifications (minimum three-inch asphalt concrete).

16.

Signage.

a.

For those sites developed consistent with the underlying zoning district, (e.g., commercial neighborhood, commercial limited, commercial general, residential and institutional), the sign criteria for the underlying zoning district shall apply.

b.

For those sites developed with automotive service uses consistent with OC-4 zoning, signage shall conform to the requirements of subsection (B) of this section.

D.

Operations. The following guidelines apply to those uses permitted under section 17.40.070(B) of this chapter.

1.

Hours of operation shall be as follows:

Hours of operation shall be as follows:
Type of Business	Dates of Operation	Hours of Operation
Automotive repair	Monday—Saturday	8:00 a.m. to 5:00 p.m.
Ancillary retail businesses	Monday—Saturday	9:00 a.m. to 6:00 p.m.
Sale of gasoline, and retail sales of automotive items (if allowed) at full or self-service stations	Monday—Thursday	6:00 a.m. to 10:00 p.m.
	Friday—Sunday	6:00 a.m. to 12:00 midnight

All hours of operation may be subject to further review and approval by the planning commission.

2.

Permitted outdoor operations shall be limited to the following:

a.

The retail sale of petroleum products;

b.

The supply of air and water;

c.

Auto washing by hand, where an area of not more than 500 square feet is used;

d.

Waxing and polishing automobiles;

e.

Tire changing;

f.

Battery servicing charging and changing; and

g.

Installation of minor accessories, e.g., windshield blades and arms, gas caps, lamps, lamp globes and performance of minor repair jobs.

3.

There shall be no body and fender work, painting, repair and rebuilding of electrochemical batteries or other work of a similar nature.

4.

The rental of cars or trailers is specifically prohibited.

5.

The operation of an approved automotive service station use shall not cause noise exceeding 65 decibels to be audible at the property line of any adjacent residential property.

6.

If approved by the city, any mechanical car wash shall be enclosed within a structure and shall not cause noise exceeding 65 decibels to be audible at the property line of any adjacent residential property. The property owner is responsible to demonstrate annually that the car wash is in compliance with this noise requirement.

E.

Abandonment. If the operation of any use allowed in the OC-4 zone is suspended for more than 180 days, and such suspension is not a result of work ordered to be performed by the city or any other governmental entity, the use shall be deemed abandoned. It shall then become the responsibility of the property owner to destroy and dispose of any and all structures and equipment on the lot and return the condition of the lot to a buildable site.

(Code 1981, § 17.40.070; Ord. No. 294, § 1(part), 1993; Ord. No. 320, § 7(part), 1997)

17.40.080. - Mira Vista Overlay Control District (OC-5) and regulations.

A.

Purpose. The Mira Vista Overlay Control District (OC-5) is established to:

1.

Acknowledge the unique qualities of the overlay area, which is generally characterized by very small homes on small lots, with substandard or no off-street parking facilities; and

Allow for the modernization and enlargement of the homes in the overlay area, in a manner compatible with the unique character of the neighborhood, and with the needs and desires of current property owners.

B.

Application. The Mira Vista Overlay Control District (OC-5) shall be applicable to lots located within Tract No. 16010, as recorded on September 8, 1949, in Book 353, pages 23 through 29 (inclusive), of maps of the county, including therein any lots created through the subsequent subdivision of the 200 15 original lots in the tract, but excluding therefrom that portion of Lot 215 of Tract No. 16010 that was subdivided as a portion of Tract No. 21184, as recorded on September 28, 1955, in Book 578, pages 7 through 8 (inclusive), of maps of the county.

C.

Development standards. The following development standards shall apply to lots subject to the Mira Vista Overlay Control District (OC-5). If not specified below, the RS-5 zoning district and other general development standards shall apply.

1.

Minimum setbacks. The following minimum building setbacks shall be maintained:

Front	Interior Side	Street Side	Rear
20′	5′	10′	15′

2.

Front entry porch. A front entry porch shall be permitted to encroach into the required front-yard setback, provided that the following criteria are met:

a.

The footprint of the porch does not exceed 50 square feet in area;

b.

The footprint of the porch does not encroach more than five feet into the required front yard; and

c.

The height of the porch does not exceed 16 feet in height or the highest roof ridgeline, whichever is lower.

3.

Front-yard landscaped area. If a neighborhood compatibility finding is required for a project, where applicable a landscaped parkway shall be provided by the property owner. Approvals for parkway landscaping shall be obtained from the director of public works prior to issuance of building or grading permits. In addition, at least 50 percent of the front yard area shall be maintained as landscape area, in accordance with as defined in section 17.48.030(D).

4.

Driveways. In cases where a neighborhood compatibility finding is required for a project, if a garage is located in the rear of a property, a minimum nine-foot-wide driveway shall be provided that utilizes grass strips or grasscrete. If a garage is located at the front of a property, a minimum 18-inch-wide landscaped area shall be provided between the side property line and the nearest edge of the driveway.

5.

Garages. As alternatives to the minimum off-street parking requirements specified in section 17.02.030(E), enclosed garage spaces may be provided as follows:

a.

Tandem parking spaces in an attached garage, provided that each garage space meets the minimum dimensions specified in section 17.02.030(E); or

b.

Detached garage encroaching to within five feet of the rear property line provided that:

i.

The each garage space meets the minimum dimensions specified in section 17.02.030(E);

ii.

The maximum height of the garage does not exceed 12 feet;

iii.

The director determines that the detached garage will not result in significant view impacts from the viewing area of any nearby properties; and

iv.

All other development standards are met, including, but not limited to, lot coverage, side setbacks and construction on extreme slopes.

6.

Lot coverage. Notwithstanding the underlying zoning within the overlay control district area, the maximum permitted lot coverage shall be 52 percent, as defined in section 17.02.040(A)(5).

(Code 1981, § 17.40.080; Ord. No. 510, § 7, 6-29-2010)