PC RES 2005-013 P.C. RESOLUTION NO. 5-13
RESOLUTION THE PLANNING I I F THE CITY OF
RANCHO PALOS VERDES APPROVING A . Z 2004-0021
HEIGHT VARIATION AND MINOREXCEPTION ERMIT FOR A 1,647
SQUARET TWO-STORY DITI SURl 25-FEET B
OVERALL HEIGHT AL N THE NORTH SIDE OF THE EXISTING TWO-
STORY RY I E C IT 16-FOOT FRONT YARD SETBACK, FOR
PROPERTY L T T 30101 MIRALESTE DRIVE.
WHEREAS, on April 30, 2004, the property owner John Okorocha, submitted Case
No. ZON2004-00219, a Height Variation application for an 1,818 square foot two-story
addition measuring 31-feet in overall height; and,
WHEREAS, on May 13, 2004, the application was deemed incomplete pending
submittal of additional information and the construction of the temporary silhouette; and,
WHEREAS, on December 23, 2004, a revised project was submitted, including a
Minor Exception Permit for the 16-foot front yard setback; and,
WHEREAS, upon the construction of the temporary silhouette and submittal of the
silhouette certification form, the case was deemed complete by Staff on January 22, 2005;
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 Case No. ZON2004-00219 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Existing Facilities) since the project involves an
addition to an existing residence; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
March 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 75%of the
property owners within 100-feet of the subject property and 34.7% 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 ® The proposed new second-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 3: 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 4: The proposed second story addition 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. There are no residences to the rear of the subject property,
while the residences on either side and across the street are not oriented towards the
subject property. Thus, since there are no views in the direction of the subject property,
there will be no view impairment as a result of the two-story addition
Section : There is no view impairment, as there are no properties with views
from the viewing area in the direction of the subject property, or properties with views from
the viewing area 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 : The proposed structure complies with all other Code requirements in
that all the development standards of the RS-3 Zoning District are met. Although the two-
story addition will be constructed outside of any side or rear yard setbacks, the reduction in
the front yard setback is justified through approval of the Minor Exception Permit.
Section : 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, roofing material, exterior finishes,
number of stories and building materials will be consistent with the existing residence and
will not introduce new materials into the immediate neighborhood. Further, the design
continues to maintain a two-story element on one side of the residence and a one-story
element on the other side of the residence. Furthermore,the resulting size of the residence
does not deviate from the characteristics in the immediate neighborhood and its
appearance will not be readily visible from the street due to the proximity of the addition
from the roadway and due to the topography of the area.
Section : The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to a condition that requires the
two bedroom windows along the northern fagade of the second story to maintain either
translucent glazing or that the windows be changed to clearstory.
P.C. Resolution No. 2005-13
Page 2
action 1 : The minor exception is warranted by practical difficulties that exist on
the property, which is the slope at the rear of the property and by the "flood hazard area",
which prohibits development towards the rear of the property. These constraints result in
the north side of the property as the only location to add to the residence. Further, the
minor exception will not create an inconsistency with the general intent of Title 17 since the
16-foot front yard setback is mitigated by the distance of the structure to the roadway being
40-feet, and by the topography of the area. Further, the adjacent property to the north
already maintains an existing 3-foot front yard setback, which does not make the proposed
reduction on the subject property apparent.
action 11: For the foregoing reasons and based on the information and findings
included in the Staff Deport, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Case No. ZON2004-
00219 for a Height Variation and Minor Exception Permit, thereby allowing a new 1,647
square foot two-story addition on the north side of the existing two-story residence up to a
maximum overall height of 25-feet and resulting in a 4,182 square foot structure (garage
included), 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 march 23, 2005.
PASSED, APPROVED, AND ADOPTED this 8th day of March 2005, by the following vote:
AYES: Gerstner, Knight, Mueller, Perestam
NOES: Karp
ABSTENTIONS: Tetreault
ABSENT: None
a
' Kni
Planning Commission Vice-Chairman
Xar P_ _�A
. .
Jo ,
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005-13
Page 3
Exhibit "A"
Conditions of Approval
Case No® 2004-0 21
(Height Variation & for Exception Permit)
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 new 1,647 square foot two-story addition along the north side of the
existing two-story residence, resulting in 6 total structure size of 4,182 square feet
(including garage). Specifically, the first floor will be expanded by a total of 811 square
feet, which includes a 200 square foot expansion to the garage; while the second floor
will be expanded by 836 square feet, over the first story expansion. SUBJECT TO
REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A SIZE CERTIFICATION
FOR THE TWO-STORY ADDITION IS REQUIRED BY A LICENSED LAND
SURVEYOR OR ENGINEER IMMEDIATELY AFTER FRAMING INSPECTION OF THE
STRUCTURE.
4. The following minimum setbacks shall be maintained:
Front yard: 16'-0" minimum (proposed: 116-2")
Side yard: 6-0" minimum (proposed: 6-0" north side)
Rear yard: 16-0" minimum (proposed: no change to existing)
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A FRONT
AND NORTH SIDE SETBACK CERTIFICATION IS REQUIRED BY A LICENSED
LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS.
5. The maximum height of the two-story addition shall be limited to 20.71-feet as
measured from the highest grade covered by structure(located at the south east corner
of the existing garage)to the ridgeline of the addition, and maintain a maximum overall
height of 25-feet as measured from the lowest finish grade covered by structure
(located at the northwest corner of the existing footprint)to the ridgeline of the addition.
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE
HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS.
6. The second story windows along the northern fagade shall contain frosted or translucent
glass, or shall be designed to be clearstory windows.
P.C. Resolution No. 2005-13
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7. A minimum of two enclosed garage spaces 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. However,
the project shall not include the bay window along the eastern fagade of the second
story and the gable roof plane shall be continuous throughout the width of the addition.
9. Due to the subject property's location in the RS-3 zoning district, a maximum of forty-
five percent (45%) lot coverage shall be allowed on the lot (proposed: 34.3%).
10.In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
11.The applicant shall obtain all Public Works permits for the expanded driveway within the
Miraleste Drive right-of-way. Further, the improvements in the public right-of-way shall
be limited to hardscape measuring no more than 6-inches in height.
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 along the north side of the addition shall be limited to 1-
foot, thereby resulting in a minimum 4-foot setback from the northern property line for
the eaves.
15.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.
16.The construction site shall be temporarily enclosed with a six-foot(6-0")high chain-link
fence during the length of construction of the residential structure.
17.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. 2005-13
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