Rancho Palos Verdes Municipal Code Ch. 17.49 Lots, Setbacks, Open Space Area and Building Height

Footnotes:

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Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former Ch. 17.48, §§ 17.48.010—17.48.080 as Ch. 17.49, §§ 17.49.010—17.49.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

This chapter clarifies, amplifies and makes certain exceptions to district development standards pertaining to lot area and dimensions, setbacks, open space area and building height. This chapter also provides certain general development standards which apply to more than one zoning district.

(Code 1981, § 17.48.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.010 as § 17.49.010 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A. No lot shall be created with, or reduced to an area or dimension, less than the minimum lot area and dimensions required in the respective base zoning district, except as provided in chapter 17.42 (Residential Planned Development). Existing lots which have an area or dimension less than the minimum required shall not be reduced in area or in the insufficient dimension.

B. Lot width shall be the distance from side property line to side property line, measured at a point midway between the front and rear property lines, along a line parallel to a straight front property line or to a tangent at the midpoint of a curved front property line.

C. Lot depth shall be the distance from the midpoint of the front property line to the midpoint of the rear property line.

D. For lots with no rear property line, lot depth shall be the distance from the midpoint of the front property line to the point where the side property lines intersect.

(Code 1981, § 17.48.020; Ord. No. 78(part), 1975; Ord. No. 158, § 1(part), 1982; Ord. No. 320, § 7(part), 1997)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.020 as § 17.49.020 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Except as otherwise provided in this chapter, no building, structure or portion of any building or structure, located under or above the ground, shall be constructed or extended closer to any street side, interior side, front or rear property line than the respective front, side or rear setback required in the district in which the property is located. On lots abutting a private street, setbacks shall be measured from the street easement line for measuring setbacks.

A. Property line designation. The following methods for determining a property line designation (front, side, street side or rear) shall apply to all lots in the city. In cases of uncertainty, the director shall determine the appropriate property line designations. The director's decision 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).

1. Front. For interior lots, the front property line shall be that property line abutting the primary public or private street of access. For corner lots, the front property line shall be the shorter property line abutting the primary public or private street of access. For corner lots where the front and street side property lines intersect on a curve, the front property line shall begin and the street side property line shall end at the midpoint of the curve. For flag lots, the front property line shall be that property line which most nearly parallels the public or private street of access and which abuts the pole, not including the pole.

2. Street side. For corner lots, any property line other than the front or rear property line which abuts the public or private right-of-way shall be a street side property line. For wedge or triangular shaped lots with a straight or curved front property line, no rear property line shall exist.

3. Rear. The rear property line shall be the property line opposite and most distant from the front property line.

4. Interior side. An interior side property line shall be any property line which does not abut a public or private right-of-way and which is not a front or rear property line.

B. Future right-of-way lines. If any future street right-of-way line has been established by plan adopted by the city council, this line shall be considered to be the property line for purposes of determining setbacks.

C. Hillside setbacks.

1. Front setbacks. Any lot having a grade of more than 25 percent, as measured from the curbline to a point midway between the side lot lines and over a distance of 50 feet from the front lot line, may have a front yard setback which is not less than 50 percent of the depth required for a front yard setback in the district in which said lot is located. Garages with driveways which directly access the street shall not be less than 20 feet from the front or street side property line.

2. Side and rear setbacks. If the following conditions occur:

a. There is a slope between building pads of adjoining lots held under separate ownership;

b. The difference in vertical elevation between the top and the toe of the slope is six feet or more; and

c. Unless alternate setbacks are approved by the building official, when the grade of the slope between the top and toe of an ascending slope is two feet horizontal to one foot vertical (2:1 or 50 percent) or greater, or the grade of a descending slope is three feet horizontal to one foot vertical (3:1 or 33 percent) or greater, then the following hillside setbacks shall apply:

i. On the downslope lot, the minimum distance between the toe of the slope and any portion of the main building shall not be less than one-half the vertical height of the slope (as measured from toe to top of slope), with a minimum of three feet and a maximum of 15 feet; and

ii. On the upslope lot, the minimum distance between the top of the slope and any portion of the main building shall not be less than five feet.

D. Landscaping. In Single-Family Residential (RS) Districts, except for driveways, paved walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. In Single-Family Residential (RS) Districts, driveways, paved walkways and parking areas shall not cover more than 50 percent of the required front or street-side setback areas. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping.

E. Exceptions.

1. Architectural features. Cornices, belt courses and other similar architectural features may project into the required setback area not more than four inches for each foot of the required setback, provided that no portion of such an architectural feature is located or projects below eight feet above grade; and provided, that there are no vertical supports or members within the required setback area.

2. Garden windows and window coverings. Garden windows and window coverings, including retractable awnings, may project into the required interior side and rear year setback areas not more than four inches for each foot of the required setback, provided that there are no vertical supports within the required setback area.

3. Roof eaves. Roof eaves may project into the required setback not more than six inches for each foot of the required setback; provided that there are no vertical supports within the required setback areas. Roof eaves shall not be calculated towards lot coverage as defined in section 17.02.040(A)(5).

4. Fireplace chimneys. Chimneys may project two feet into any required setback.

5. Minor structures and mechanical equipment. Trash enclosures, storage sheds or playhouses less than 120 square feet, doghouses, play/sports equipment, fountains, light fixtures on a standard or a pole, flagpoles, enclosed water heaters, barbecues, outdoor kitchens, garden walls, air conditioners, pool filters, vents and other minor structures or mechanical equipment shall not be located in any setback area in residential districts except as specified below:

a. Minor structures and equipment less than six inches in height, as measured from adjacent finished grade, may be located in any required front, side or rear setback;

b. Minor structures and mechanical equipment which exceed six inches in height, as measured from adjacent finished grade, may be permitted within an interior side or rear setback area by the director, through a site plan review application, unless the minor structure is a playhouse less than 120 square feet, a dog house, or play/sports equipment, then a site plan review application shall not be required; provided that no significant adverse impacts will result and provided that:

i. Noise levels from mechanical equipment do not exceed 65 dBA as measured from the closest property line;

ii. No part of any minor structure or mechanical equipment, exceeds six feet in height (as measured from adjacent finished grade);

iii. If located within a rear setback area which abuts a public or private street, the minor structure or mechanical equipment is not visible from the public or private street;

iv. No part of any mechanical equipment, including, but not limited to, pool/spa equipment and air conditioning/heating equipment, extends within three feet of the property line; and

v. No part of any minor structure extends within three feet of the property line. However, minor structures (not mechanical equipment) may be allowed to abut the side or rear property line, provided that the minor structure:

(A) Is placed adjacent to an existing solid wall;

(B) Does not exceed the maximum height of the adjacent solid wall, up to a maximum of six feet;

(C) Is less than 120 square feet in size; and

(D) Is located a minimum of three feet from an adjacent structure, unless the structures are parallel and abutting each other, as determined by the director.

c. The following minor structures shall be permitted within a front yard setback area provided that the minor structure does not exceed 42 inches in height, as measured from adjacent pre-construction grade:

i. Balustrades and columns;

ii. Light fixtures, including light fixtures attached to a standard, a pole or a column;

iii. Fountains, provided that the fountain is within the maximum front yard landscape requirement and is not operated between the hours of midnight and 7:00 a.m.;

iv. Ornamental ponds less than 18 inches deep; and

v. Decorative landscape elements, including, but not limited to, rocks, boulders, raised planter beds, pilasters and statuary.

6. Decks, walkways and paving. Decks, asphalt paving, concrete walkways or similar ground surfacing less than six inches in height (as measured from adjacent finished grade), shall not be subject to setback requirements. Decks (including any railing), six inches to 30 inches in height (as measured from adjacent finished grade), may be permitted in any setback area upon determination by the director, through a site plan review application, that no significant adverse impacts will result.

7. Swimming or ornamental pools. Swimming pools, spas, ornamental pools and any other body of water measuring 18 inches or more deep, may be located within an interior or rear yard setback, provided that no portion of said pool is located closer than three feet from the property line. Ornamental ponds less than 18 inches deep may be located within any required setback and may abut any property line.

8. Foundations and footings. Below grade foundations and/or footings for above ground main buildings may be located in any setback, provided that no portion of the foundation or footing is located closer than three feet from the property line.

9. Subterranean structures. Subterranean structures, including holding tanks, which are located entirely below grade shall not be extended any closer than half of the required setback to any property line or three feet from the property line, whichever is greater.

10. Fences, walls and hedges. Fences, walls and hedges may be permitted within any front, interior side, street side or rear yard setback pursuant to section 17.76.030 (Fences, Walls and Hedges).

F. Easements. Setbacks from legal easements, other than street right-of-way easements, shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form that can be recorded and shall be reviewed by the city attorney.

G. Garages. An applicant shall apply for a setback reduction through a variance application, as per chapter 17.64 (Variances), for converting a legally existing indirect access driveway to a direct access driveway, even in the case where no new square footage is to be added to the residence or garage.

(Code 1981, § 17.48.030; Ord. No. 78(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 158, §§ 1, 2, 1982; Ord. No. 194, § 9(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 510, § 15, 6-29-2010; Ord. No. 529, § 11, 11-15-2011)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.030 as § 17.49.030 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

An open space area shall be provided on each lot with a residential structure. Open space area shall not include any portion of a lot or building site which is within the definition of lot coverage, as defined in section 17.02.040(A). Lot coverage shall not exceed the maximum area requirements established in the district development standards (see table 02-A in chapter 17.02). For purposes of calculating lot coverage, a private street easement area shall not be considered a part of the lot area. For flag lots, the pole portion of any flag lot that is encumbered by an access easement benefiting another property shall not be considered a part of the lot area. In no case shall any hardscape or other improvements within a private street easement or a flag-lot pole that is encumbered by an access easement be counted as lot coverage. In multiple-family residential units, private outdoor decks and balconies with one minimum horizontal dimension of seven feet which are designated for the exclusive use of the occupants of an individual unit may comprise up to 30 percent of required open space.

(Code 1981, § 17.48.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 355, § 9, 2000; Ord. No. 510, § 10, 6-29-2010)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.040 as § 17.49.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A. No portion of any building or structure shall exceed the maximum building height listed in the district development standards except as follows:

1. Antennas and satellite dishes and associated screening pursuant to section 17.76.020 (Antennas) of this Code.

2. In nonresidential zoning districts, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, dormers, towers, church steeples, flagpoles, silos, water tanks or similar structures, upon determination by the director through a site plan review application, that the roof equipment or structures:

a. Will not exceed the maximum ridgeline of the existing structure;

b. May be erected above the height limits prescribed in this section pursuant to the requirements of the building code; and

c. Will not cause significant view impairment from adjacent property.

No penthouse, roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.

3. In residential zoning districts, skylights and vents/ducts required by the California Building Code, may exceed the height limits prescribed in this chapter, upon determination by the director, through a site plan review application, that the skylights and/or vents/ducts will not exceed the maximum ridgeline or the existing residence and will not cause a significant view impairment from adjacent property, as defined in chapter 17.02 (Single-Family Residential (RS) Districts). Chimneys, attached to the main residence or to an accessory structure, which can be safely erected and maintained at a height that exceeds the maximum ridgeline of the structure to which it is attached, may be approved by the director, provided that they do not exceed the minimum height requirements of the building code as determined by the building official.

B. Any roof mounted equipment and/or architectural features, excluding renewable energy systems such as photovoltaic systems (solar panels) and/or solar water heating systems, which are addressed in section 17.83.050 of this title, that exceed the maximum building height listed in the district development standards and do not meet the review criteria listed in section 17.48.050(A) of this chapter may be permitted upon determination by the planning commission, through a site plan review application, that the equipment and/or features:

1. May be erected above the height limits pursuant to the requirements of the building code; and

2. Will not cause significant view impairment from adjacent property, as defined in section 17.02 (Single-Family Residential Districts).

C. Notification of a site plan review application to the planning commission shall be given to the owners of all parcels located adjacent to the parcel on which the proposed roof-mounted equipment and/or architectural feature is located. Notification shall also include all parcels which are located directly across any public or private right-of-way from the subject parcel. Notification shall be done using the last-known county assessor tax roll. Upon approval by the planning commission of any structure or architectural feature pursuant to subsection (B) of this section, the director shall provide written notice of that decision pursuant to section 17.80.040 (Hearing notice and appeal procedures) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

D. Accessory structures. Decks, playhouses, treehouses, detached garages, pools or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flagpoles, stand-alone chimneys or any structures or buildings which are physically detached and incidental to the use of the main building are considered accessory structures. Such accessory structures shall be limited to 12 feet in height, as measured from the lowest preconstruction grade adjacent to the foundation wall to the ridge. Treehouses shall be measured from the lowest base of the tree to the roof ridge or railing, whichever is higher. In cases of uncertainty, the director shall determine whether a structure is detached and incidental to the use of the primary structure. The director's decision 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). Upon a finding by the director that a detached garage, stand-alone chimney, treehouse, or a flagpole will have no significant impact on views from adjacent properties, the garage, standalone chimney, treehouse, or flagpole may be exempted from the 12-foot height limitation, but shall comply with any other height limitations of this Code.

(Code 1981, § 17.48.050; Ord. No. 78(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 119, § 1, 1979; Ord. No. 150, § 14, 1982; Ord. No. 166, §§ 6, 7, 1983; Ord. No. 226, §§ 8, 9, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 481, §§ 12, 13, 2008; Ord. No. 529, §§ 12, 13, 11-15-2011; Ord. No. 655, § 3, 12-7-2021)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.050 as § 17.49.050 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

No development or construction of any structure shall be allowed on any extreme slope (grade of 35 percent or greater), except as follows:

A. Trash enclosures, enclosed mechanical equipment or pool equipment located within an area of less than 50 square feet, provided that the structures and/or equipment are not located more than six feet from the top or toe of the slope and are adequately screened from view from adjacent properties and the public right-of-way to the satisfaction of the director;

B. Structures and improvements allowed pursuant to section 17.76.060 (Extreme Slope Permit);

C. Satellite dish antennas allowed pursuant to section 17.76.020 (Antennas);

D. Grading and retaining walls allowed pursuant to section 17.76.040 (Grading Permit);

E. Fences, walls and hedges allowed pursuant to section 17.76.030 (Fences, Walls and Hedges);

F. At grade steps or stairs less than six inches in height, as measured from adjacent existing grade; and

G. Construction of new residences (including habitable and non-habitable space) on previously undeveloped, recorded and legally subdivided lots existing as of November 25, 1975, or if within Eastview, existing as of January 5, 1983, which are not currently zoned open space/hazard, if the director or planning commission finds that such construction, as conditioned, will not threaten the public health, safety and welfare, provided that such structures are consistent with the permitted and uses and development standards for the underlying zoning designations of the lots.

H. Renewable energy systems (photovoltaic and solar water heating) pursuant to section 17.83.050 (Application Procedures for Renewable Energy Systems (photovoltaic and solar water heating)).

(Code 1981, § 17.48.060; Ord. No. 194, § 9(part), 1985; Ord. No. 226, § 10, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 463, § 11, 2007; Ord. No. 481, § 14, 2008)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.060 as § 17.49.060 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

On corner lots located at the intersection of two or more highways, streets or common driveways or combinations thereof, in all districts, no fence, wall, hedge, sign, structure, shrubbery, mound of earth or other visual obstruction over 30 inches in height, as measured from the adjacent street curb elevation, shall be erected, placed, planted or allowed to grow within the triangular space referred to as the "intersection visibility triangle." The intersection visibility triangle shall be the area formed by the intersection of extended curblines and a line joining points on the curb 60 feet (measured along the curblines) from the point of intersection of the curbline extensions.

A. In districts where the required front or street-side setbacks allow a building to be constructed within the intersection visibility triangle, fences, walls, structures or shrubbery may be allowed to exceed the prescribed height limit, if they are setback from the property line a distance equal to the setback of the allowed building.

B. Trees located within the intersection visibility triangle which are trimmed to the trunk up to a minimum branch height of six feet above the adjacent street curb elevation are exempt from these regulations.

C. The intersection visibility triangle shall be shown on all landscaping plans, grading plans and tentative tract maps for related intersections when required by the director. In cases where an intersection is located on a vertical curve, a profile of the sight line may also be required by the director. Any landscape plan submitted shall show the common name, locations and mature dimensions plotted to scale of all proposed trees, shrubs and plants within the intersection visibility triangle.

D. Proposed improvements or structures which exceed the 30 inches height limit may be permitted in the intersection visibility triangle by the director through a site plan review application, upon determination by the director of public works that the location and/or height of the existing or proposed structure within the intersection visibility triangle allows for the safe view of oncoming traffic by a driver approaching an intersection, and thus no intersection visibility impacts would result. Upon approval of any such structure or improvement, the director shall provide written notice of the decision pursuant to section 17.80.040 (Notice of decision by director) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the director's decision to the planning commission pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title, and the planning commission's decision may be appealed to the city council.

(Code 1981, § 17.48.070; Ord. No. 132, § 3(part), 1980; Ord. No. 175, § 18, 1983; amended during 11-97 supplement; Ord. No. 320, § 7(part), 1997; Ord. No. 540, § 5, 11-20-2012)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.070 as § 17.49.070 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Treehouse means a structure, including, but not limited, to a playhouse or decks with or without vertical supports in or on top of the ground, built among the branches of a tree, or which is built around or against a tree.

B. Treehouses up to 64 square feet with the floor of the treehouse less than eight feet above adjacent grade and with a roof ridge not to exceed 12 feet above adjacent grade, as measured from the lowest base of the tree, will be exempt from subsection (C) of this section.

C. Treehouses exceeding 64 square feet located on trees are allowed in single-family residential zoning districts through a site plan review application, provided that the treehouse meets all the following requirements:

1. It does not exceed 120 square feet with no more than one treehouse per half acre.

2. It has no electrical or plumbing connections.

3. It complies with the required setbacks and accessory structure height standards for the designated zoning district.

4. It will not have a significant impact on views from adjacent properties per section 17.02.040 or from public viewing areas identified in the city's general plan or coastal specific plan and will not create an unreasonable infringement of privacy on the occupants of abutting residences. A silhouette may be required to conduct a view impact and/or privacy assessment at the discretion of the director.

(Ord. No. 655, § 3, 12-7-2021)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.080 as § 17.49.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.