Rancho Palos Verdes Municipal Code Ch. 17.78 Miscellaneous

A. Except for the application fee exemptions described in subsections (E) and (F) of this section, no appeal, application for a permit or approval under title 15 (Buildings and Construction), 16 (Subdivisions) or this title of this Code may be accepted unless the applicant pays all necessary application, appeal and/or penalty fees as established by the city council. The director may accept requests for waiver of application, appeal and/or penalty fees for presentation to the city council. If a fee waiver request is submitted concurrently with an application or appeal, the application, appeal and/or penalty fee shall be paid by the applicant and the paid fee shall be held by the city until a determination is made on the accompanying fee waiver request.

B. The city council may, in its discretion, grant such a waiver if it finds:

1. The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the state;

2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or

3. The applicant has demonstrated a financial hardship, as determined by the city council, on a case by case basis.

C. The city council may, in its discretion, grant a fee waiver without making the findings specified in subsection (B) of this section, if the applicant has been granted a variance due to administrative error pursuant to section 17.64.020(C) of this title.

D. The city council may, in its discretion, grant a penalty fee waiver without making the findings specified in subsection (B) of this section, if the applicant has previously paid the penalty fee for an after-the-fact application that was denied without prejudice, and is submitting a subsequent, modified version of the after-the-fact application within one year of the denial of the previous application.

E. Registered nonprofit 501(c)(3) corporations that are registered with the secretary of state and which are located or conduct business in the city or provide services available to city residents, shall, upon submittal of reasonable proof as to nonprofit 501(c)(3) status, be exempt from the requirement for payment of application fees associated with processing certain planning applications. This exemption shall apply only to the following types of applications:

1. Temporary sign permits;

2. Special use permits;

3. Sign permits;

4. Site plan review applications (only where no new expansion of building space or lot coverage is proposed); and

5. Conditional large domestic animal permits.

This fee exemption shall not be construed as waiving the requirements for submittal and review of the required applications and associated information. This fee exemption shall not apply to appeal fees, penalty fees or fees for building permits or plan check services. Fee waivers for appeal fees, penalty fees and/or building permits or plan check services shall be processed in accordance with the procedures described in this section.

F. Any permit or application fees (excluding city consultant review fees) associated with the proposed reconstruction of a building or other structure (or portion thereof) that has been damaged or destroyed by fire, earthquake, landslide or an involuntary act of the property owner shall be waived, provided that the rebuilt building or structure is no more than 250 square feet larger than it was prior to the damage or destruction, and provided that the applicant can demonstrate that said fees are not covered by the applicant's homeowners' insurance policy. In the event that three or more properties are affected by any single incident, the city council may, in its discretion:

1. Grant a fee waiver without making the findings specified in subsection (B) of this section; or

2. Deny the waiver in its entirety or grant only a partial waiver, based upon a finding of adverse fiscal impact to the city.

(Code 1981, § 17.78.010; Ord. No. 320, § 7(part), 1997; Ord. No. 354, § 7(part), 2000; Ord. No. 463, § 6, 2007)

Any discretionary permit or approval which has been approved by the director, planning commission or city council pursuant to stated conditions shall be null and void on the 91st day after it is granted or upon issuance of a building permit, whichever occurs first, if the applicant has not prior to that date informed the director in writing of their acceptance of the conditions of approval. While this written acceptance may form the basis of an estoppel against the applicant, it shall not create any contractual relationship between the city and the applicant.

(Code 1981, § 17.78.020; Ord. No. 320, § 7(part), 1997)

A. When more than one permit, variance or other approval under title 16 (Subdivisions) and this title is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section.

B. Notwithstanding subsection A, above, an applicant or applicants shall not submit multiple preliminary applications, pursuant to Government Code § 65913.4, as may be amended, or multiple applications for development projects, for the same property, which conflict with one another, such that the approval of one project would preclude the development of all or part of the projects proposed in the other submitted preliminary applications or applications.

C. If any of the applications would be presented to the planning commission for initial consideration if filed singly, all the applications shall be presented to the planning commission as a package. The planning commission shall then have the authority to act on each application as if the planning commission were the officer, or agency of the city, authorized to act on such an application by title 16 (subdivisions) or this title.

D. If none of the applications would be presented to the planning commission for initial consideration if filed singly, then all the applications shall be acted upon by the director as a package. The director shall then have the authority to act on each application.

E. A decision of the director on a group of applications pursuant to this section may be appealed to the planning commission pursuant to Section 17.80.050 (appeal to planning commission) of this title. A decision of the planning commission on a group of applications, pursuant to Section 17.78.030 (consideration of multiple applications) of this chapter, may be appealed to the city council pursuant to Section 17.80.070 (appeal to city council) of this title. An appeal of an application that is part of a package shall serve as an appeal of the entire application package.

F. Unless an appeal is referred to the director pursuant to subsection 17.80.060(E) of this title, or to the planning commission pursuant to subsection 17.80.080(A)(5) of this title, the appellate body may, in its discretion, consider any issue, any permit or approval approved in the appealed package, whether or not raised or identified in the notice of appeal. Unless an appeal is authorized by this subsection, all decisions rendered pursuant to this section shall be final when rendered.

G. If any of the applications presented to the planning commission require final approval by the city council, if filed singly, then all the applications shall be forwarded to the city council for final action.

(Code 1981, § 17.78.030; Ord. No. 320, § 7(part), 1997; Ord. No. 683, § 3, 7-16-2024)

A. An amendment which proposes one or more substantial amendments to a project, plans and/or conditions of approval approved in accordance with this title may be initiated by an applicant/property owner upon petition to the director and submittal of a fee, as established by resolution by the city council. The determination of what constitutes a substantial amendment shall be made by the director.

B. A substantial amendment to a project shall be considered by the same body which took the final action in approving the original project, utilizing the hearing and noticing procedures, review criteria and appeal procedures as required by this title. A substantial amendment to a project may require a new and separate environmental review.

C. The director is authorized to modify the approved plans and/or any of the conditions of approval if such modifications are determined by the director to be minor and if the director can make the following findings:

1. That the proposed modifications achieve substantially the same results as would strict compliance with the approved plans and conditions;

2. That the proposed modifications remain compatible with the character of the neighborhood;

3. That the proposed modifications do not result in a new or increased privacy infringement;

4. That the proposed modifications do not result in a new or increased adverse view impacts; and

5. That as modified, the project remain consistent with the general plan, development code, and coastal specific plan.

D. The director shall send a notice of decision approving a minor modification to all interested parties on file with the city when the original project was being processed and to the members of the final deciding body allowing 15 calendar days to appeal the director's decision, pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.78.040; Ord. No. 320, § 7(part), 1997; Ord. No. 594, § 4, 3-7-2017)

A. In cases of uncertainty or ambiguity as to the meaning or intent of any decision approving a project in accordance with this title, or to further define or enumerate the conditions of approval of an approved project, the body which took the final action in approving the original project shall conduct an interpretation review of the decision in question. Said interpretation review may be initiated by the director, or the final body that took such action, or upon the written request of the applicant/property owner or any other interested person, provided an interpretation review may not be initiated by any person where the subject matter is subject to litigation. Said interpretation review shall utilize the notice, hearing process, review criteria, and appeal process as required by this title. The interpretation review procedure may be initiated in, but shall not be limited to, the following situations:

1. Discrepancies between approved plans and subsequently revised plans;

2. Interpretations of conditions of approval; or

3. New issues stemming from construction of the approved project which were not addressed or considered as part of the original project approval.

B. In cases involving the interpretation of a decision of the planning commission and/or city council, the director shall prepare a written interpretation and transmit it to the appropriate review body. Upon review of the director's interpretation at a public meeting, the appropriate body shall either:

1. Concur with the director's interpretation; or

2. Make a determination that the subject interpretation may result in a substantial revision to the originally approved project and thus require a formal review hearing; utilizing the hearing, noticing requirements, review criteria and appeal procedures, required by this title.

C. In cases where the interpretation review is initiated by the director or the body that took final action on the approved application, no fee shall be required. In cases where the interpretation review is initiated by an applicant/property owner or interested party, a fee established by resolution of the city council shall be required.

(Code 1981, § 17.78.050; Ord. No. 320, § 7(part), 1997; Ord. No. 594, § 5, 3-7-2017)