Rancho Palos Verdes Municipal Code Ch. 17.90 Interpretation Procedure

This chapter provides a procedure for the following interpretations to this Code:

A. In cases of uncertainty or ambiguity as to the meaning or intent of any provision of title 16 (Subdivisions) or this title, or to further define or enumerate the uses permitted in the various zoning districts. Said interpretations shall be generally applicable to all situations of the same type and shall not be limited or directed to specific parcels or circumstances thereon.

B. An adjustment of an open-space hazard zoning district boundary line (except within the coastal zone) up to 100 feet from the location depicted on the city's official zoning map if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and geology.

C. An adjustment of a coastal specific plan setback zone boundary line, or open-space hazard district boundary lines within the coastal zone, up to five feet from the location depicted on the city's official zoning map, if such adjustment is necessary to demarcate a more accurate and precise location of the open-space hazard district boundary line on the official zoning map, based on site conditions and approved geology.

D. An adjustment to a zoning or special district boundary line, other than the open-space hazard district boundary line or a coastal specific plan setback zone boundary line, of up to 30 feet from the location depicted on the official zoning map.

(Code 1981, § 17.90.010; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A. An interpretation related to section 17.90.010(A), (C) or (D) may be initiated by the city council, planning commission, director, or by any person upon the written request and payment of fee, as established pursuant to city council resolution.

B. An interpretation related to section 17.90.010(B) may only be initiated by the owner of the property on which said open-space hazard zoning district is located.

1. The written interpretation request shall include the property address, the requested distance that the zoning district boundary line or area is to be adjusted from the location depicted on the zoning map, and the property owner's original signature. Furthermore, said written request shall be accompanied by a scaled site plan, including the property lines, the existing open-space hazard boundary line, and the proposed new boundary line with the scaled distance of the proposed movement of the boundary line, as well as a fee for a geological site inspection by the city's geotechnical staff to verify that the proposed adjustment of an open space hazard zoning district boundary line will not adversely impact the public health, safety and welfare.

2. Requests for interpretation pursuant to section 17.90.010(B) for any lot or parcel cannot exceed a cumulative total of 100 feet from the original location of the open-space hazard line.

(Code 1981, § 17.90.020; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A. An interpretation shall be based on an examination of the intent of this Code, considering all the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among the regulations of the various zoning classifications and the uses and development standards therein.

B. In the case of an interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to interpretation and the characteristics of those uses expressly permitted in the zone.

C. In the case of an interpretation involving the location of a coastal specific plan setback zone boundary line, consideration shall be based on geotechnical and/or soils reports.

D. In the case of an interpretation involving the location of an open space hazard zoning district boundary line, consideration shall be based on geotechnical and/or soils reports, only if required by the city's geotechnical staff after the initial geological site inspection. Otherwise, the interpretation will be based upon the geological site inspection and site conditions.

(Code 1981, § 17.90.030; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A. For interpretations related to section 17.90.010(A), within 30 days after the initiation of an interpretation, the director shall prepare a written interpretation and transmit it to the planning commission and the city council and shall give public notice that such interpretation has been prepared. Such notice shall be published and given to the property owner, any interested parties, and any affected homeowner's associations, as required for a Code amendment, pursuant to chapter 17.68 (Zone Changes and Code Amendments) of this title. Within 15 calendar days after the date of the notice, the planning commission, city council or any interested person may make a written request to the director for a hearing. If no such request for a hearing is received, the interpretation shall become effective and final 15 calendar days after the date of the notice.

B. For interpretations pursuant to section 17.90.010(B), (C) or (D), within 30 days after the initiation request has been deemed complete by staff, the director shall prepare a written interpretation and transmit it to the person requesting the interpretation, owners of all abutting properties, and any interested person. Within five calendar days after the date of the director's notice, the person requesting the interpretation, the abutting property owners, and any interested person may file a written appeal of the decision of the director to the planning commission, and any decision of the planning commission to the city council, pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. Within 15 calendar days of filing an appeal, the appellant appealing a decision related to section 17.90.010(B) and (C) must submit the basis for the appeal supported by a letter or report from a registered geologist or geotechnical engineer. If no timely written appeal is submitted or if a written appeal is submitted but no follow-up geological letter or report is submitted within the time frame specified, the decision will be final.

(Code 1981, § 17.90.040; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

A. If a request for an interpretation hearing related to section 17.90.010(A) is received, or if an appeal of a director interpretation pursuant to section 17.90.010(B), (C), or (D) is filed, a hearing shall be held by the planning commission within 30 calendar days of the date of such request or appeal.

B. After the hearing, the planning commission may, by resolution, adopt the proposed interpretation, adopt a modified or different interpretation, or refer the matter to the director for further study. Failure of the planning commission to act within 60 calendar days after the close of the hearing shall be deemed an approval of the director's interpretation.

C. If the planning commission refers the matter to the director for further study, the director shall prepare and submit another interpretation in accordance with the provisions of section 17.90.040 (Preparation, notice and transmittal) of this chapter.

D. Unless the planning commission refers the interpretation to the director for further study, the director shall give written notice of the decision of the planning commission to the applicant, any interested person, and any affected homeowner's association pursuant to section 17.80.040 (Notice of decision by director) of this title. The decision of the planning commission shall become effective and final 15 calendar days after the date of notice of its action, unless an appeal to the city council is filed in accordance with section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.90.050; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)

When an interpretation pursuant to section 17.90.010(A) is given final approval by the director, planning commission or city council, the director shall enter the interpretation in a book of interpretations which shall be preserved and made accessible to any interested person. When an interpretation pursuant to section 17.90.010(B), (C) or (D) is given final approval, the interpretation shall be noted in the city's file on the subject property and updated on the city's official zoning map through the procedure identified in section 17.88.020(E).

(Code 1981, § 17.90.060; Ord. No. 320, § 7(part), 1997; Ord. No. 532, § 5, 2-21-2012)