PC RES 2005-007 P.C. RESOLUTION NO. 2005-07
RESOLUTION F THE PLANNING ISI F THE CITY OF
RANCHO P L S VERDES APPROVING CASE NO. Z 2004® 011 ,
HEIGHTVARIATION PERMIT FORA 1,012 SQUARE FOOTTWO-STORY
ADDITION TO AN EXISTING - T Y RESIDENCE, RESULTINGIN A
3,998 SQUARE FOOT STRUCTURE (GARAGE INCLUDED) MEASURING
24.1' IN OVERALL HEIGHT ON A PAD LOT LOCATED AT 6729 KINGS
HARBORIVE.
WHEREAS, on March 15, 2004, the applicant, dark DiBacco, representing property
owners Gokul and Kusum Agarwalla, submitted a Height Variation application (hereinafter
referred to as ZON2004-00115) requesting approval for the construction of a 1,476 square
foot two-story addition to an existing two-story residence, with a resulting overall height of
25'-3" for property located at 6729 Kings Harbor Drive; and,
WHEREAS, on April 5, 2004, the application was deemed incomplete pending the
submittal of additional information and construction of the temporary silhouette; and,
WHEREAS, upon submittal of the requested additional information, a slightly
reduced project to 1,402 square feet, and the silhouette certification form, Staff deemed the
project generally complete for processing on October 15, 2004; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that ZON2004-00115 would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt under Class 1 (Section 15301)since the project involves the construction of a two-
story addition to an existing two-story single-family residence; and,
WHEREAS, on November 23, 2004, after notice issued pursuant to the requirements
of the Rancho Palos Verdes Development Code, the Planning Commission continued the
item to the February 8, 2005 Planning Commission meeting at the request of the applicant;
and,
WHEREAS, on January 24, 2005, the applicant submitted a revised project that
reduced the size of the proposed addition to 1,012 square feet, and modified the required
temporary silhouette to reflect the modified project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 8, 2005, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The applicant has complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 92.3% of
the property owners within 100-feet of the subject property and 26.2% of the property
owners within 500-feet of the subject property, who have reviewed the plans prior to filing
the application with the City.
Section 2: The proposed two-story addition does not significantly impair a view
from public property which has been identified in the City's General Plan or Coastal Specific
Plan as a City-designated viewing area because there are no such areas that overlook the
subject property.
Section 3a The property is not located on a ridge or promontory as there are other
adjacent parcels with varying pad elevations that were terraced when initially constructed.
Section 44 The proposed second story expansion that is above sixteen feet in
height, when considered exclusive of foliage, does not significantly impair a view from the
viewing area of another parcel. Due to the topography and development in the area, there
are no residences that contain a view in the direction of the subject property.
Section 5: There is no view impairment, as there are no properties with views in
the direction of the subject property, or properties with views over the subject property due
to the topography and physical development of the area.
Section 6. There is no significant cumulative view impairment caused by granting
the application since there is no view impairment created from the proposed new second
story addition.
Section 7: The proposed structure complies with all other Code requirements in
that all the development standards of the RS-4 Zoning District are met and the minimum
setback requirements are exceeded.
Section 8: The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roof type and material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
neighborhood. Furthermore, the resulting size of the residence does not deviate from the
characteristics in the immediate neighborhood and its appearance will not be apparent and
will not be bulky or massive since the most visible portions of the structure will be
articulated where the second story fagade will be setback from the first story fagade by
almost 19-feet and will maintain a roof element and deck between the fagades to soften the
appearance of the structure at the southwest portion of the building.
Section 9: The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to the development pattern on
the adjacent properties and the topography of the area.
P.C. Resolution No. 2005-07
Page 2
Section lO: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Case No. ZON2004-
00115 for a Height Variation, thereby allowing a 1,012 square foot two-story addition to an
existing two-story residence, subject to the conditions contained in Exhibit "A" attached
hereto and made a part hereof, which are necessary to protect the public health, safety,
and welfare.
Section 11: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than February 23, 2005.
PASSED, APPROVED, AND ADOPTED this 8th day of February 2005, by the following
vote:
AYES: Karp, Knight, Perestam, Tetrault
NOES: None
ABSTENTIONS: None
ABSENT: Mueller, Gerstner
Paul f6tfbault
Planning Commission Chairman
5e0 as, A
o r of Zing, Building and
C Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005- 07
Page_3
Exhibit "A"
Conditions of Approval
Case No. Z 2 04® 115
(Height Variation)
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
property owner shall submit to the City a statement, in writing, that they have read,
understand and agree to all conditions of approval contained in this approval. Failure to
provide said written statement within ninety(90)days following the date of this approval
shall render this approval null and void.
2. The approval shall become null and void after one year from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the"plan
check" review process.
3. approval is for a 1,012 square foot two story addition to the existing two-story
residence, and for a 57 square foot area of the garage to habitable space. Specifically,
the additions entail adding 509 square feet to the first floor towards the front of the
structure and adding 503 square feet to the second floor, which will project out towards
the front but will be concentrated over a portion of the garage.
4. The following minimum setbacks shall be maintained:
Front yard: 20'-0" minimum for the first story addition/38'-0" minimum for the
easterly 14'-9" of the second story addition at the southwest portion of the
structure
Side yard: 5'-0" minimum
Rear yard: 20'-0" minimum
SUBJECT T EVIE AND APPROVAL BY THE BUILDINGFFI I L, SETBACK
CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYORENGINEER
PRIORTO THE POURINGF FOOTINGS FOR THE FIRST FLOOR. FURTHER
CERTIFICATION IS REQUIRED FOR THE EASTERLY14'-9" OF THE SECOND
STORY TOE SURE THAT THE MINIMUM 38'-0" T IS PROVIDED.
5. The maximum overall height of the structure shall not exceed 24.1-feet, as measured
from the highest ridgeline of the structure to the lowest finish grade elevation covered
by the structure. The lowest finish grade elevation is located at southwest corner of the
new one-story addition. SUBJECT TO REVIEWAL BY THE BUILDING
OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIREDY A LICENSED
LAND SURVEYOR OR ENGINEERPRIOR TO INSTALLATION OF ROOF
MATERIALS.
6. The maximum structure size of the residence, including garage, shall be limited to a
total area of 3,998 square feet. SUBJECT TO REVIEWAND APPROVAL BY THE
BUILDING OFFICIAL, A STRUCTURE IZE CERTIFICATION IS REQUIREDY A
P.C. Resolution No. 2005-07
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LICENSED SURVEYOR, ENGINEER R ARCHITECTI I T LY AFTER
FRAMING CO D STORY.
7. A minimum two-car garage shall be maintained, with each space being individually
accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by
20-feet-deep by 7-feet-vertical clearance.
8. Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
9. At least 50% of the existing interior and exterior walls or existing square footage of the
structure shall be retained by the approved project. Otherwise, any nonconformities
existing at the time of Planning approval shall be corrected as a part of the project. In
addition, neighborhood compatibility analysis will be required if not conducted as a part
of the original Planning approval.
10.Due to the subject property's location in the RS-4 zoning district, a maximum of fifty
(50%) percent lot coverage shall be allowed on the lot (proposed: 37.4%).
11.In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
12.The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
13.The construction site and all adjacent private and public property shall be kept free of all
loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but is not limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
14.The maximum eave projection allowed into the required setback areas shall not exceed
6-inches for each 1-foot of required setback.
15.The construction site shall be temporarily enclosed with a six(6°-0")foot high chain-link
fence during the length of construction of the residential structure.
16.The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
P.C. Resolution No. 2005-07
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