Rancho Palos Verdes Municipal Code § 17.66.020 Scope

This chapter provides for minor exceptions to the development standards of this title in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships or results that may be inconsistent with the general intent of this title. Any minor exception permit in the coastal specific plan district shall be in conformity with the policies and requirements of the coastal specific plan.

(Code 1981, § 17.66.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The director may grant minor exception permits authorizing the following:

A. Construction of fences, walls or hedges which require a minor exception permit pursuant to section 17.76.030 (Fences, Walls and Hedges);

B. A reduction of any setback and open space requirement contained in this title by 20 percent or less. However, a minor exception permit shall not be granted to reduce the setback and open space requirements for the following:

1. New direct access garages or the conversion of existing indirect access garages to direct access garages which encroach into the required front or street-side setback;

2. A structural addition or modification to an existing structure that has been approved through a discretionary permit by the planning commission or city council within two years of the proposed addition and/or modification.

C. An increase of no more than 20 percent of the 50 percent land coverage restriction which is applicable to driveways, parking areas and paved walkways within the required front or street-side setback areas in Single-Family Residential (RS) Districts set forth in section 17.48.030 (Lots, Setbacks, Open Space Area and Building Height) of this title.

(Code 1981, § 17.66.020; Ord. No. 78(part), 1975; Ord. No. 149, § 13, 1982; Ord. No. 150, § 17, 1982; Ord. No. 158, § 3, 1982; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 15, 11-15-2011)

Application for a minor exception permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the request, and a filing fee as established by resolution of the city council.

(Code 1981, § 17.66.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Upon receipt of a complete application for a minor exception permit, the director shall notify the owners of all parcels located adjacent to the proposed use or development by letter, using the last-known county assessor tax roll. Notification shall also include all parcels which are located directly across any public or private right-of-way from the subject property.

(Code 1981, § 17.66.040; Ord. No. 78(part), 1975; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)

A. The director may grant a minor exception permit only upon finding that:

1. The requested minor exception is warranted by practical difficulties;

2. The requested minor exception is warranted by an unnecessary hardship; or

3. The requested minor exception is necessary to avoid inconsistencies with the general intent of this title.

B. The director may impose conditions upon the approval of a minor exception permit to ensure that the minor exception permit is within the intent of this chapter. Noncompliance with any conditions of a minor exception permit shall constitute a violation of this title.

C. Upon approval of a minor exception permit by the director, notice of the decision shall be given pursuant to section 17.80.040 (Notice of decision by director) of this title.

(Code 1981, § 17.66.050; Ord. No. 78(part), 1975; Ord. No. 90, § 9(part), 1977; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)

Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. No minor exception permit shall be effective and no development permitted by a minor exception permit shall be initiated or construction started, until the appeal period has been exhausted.

(Code 1981, § 17.66.060; Ord. No. 78(part), 1975; Ord. No. 90, § 9(part), 1977; Ord. No. 150, §§ 18, 19, 1982; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)