PC RES 2005-028 P.C. RESOLUTION NO. 2005-28
RESOLUTION F THE PLANNING ISSIO THE
CITY OF RANCHO PALOSVERDES APPROVING, ITH
CONDITIONS, HEIGHT VIATI (CAS 4-
062 ), FOR PROPERTY L ATE T 6102 ARMAGA SPRING
WHEREAS, on November 22, 2004, the applicant submitted a Height Variation
application requesting to construct an 85.5 square foot two-story entry porch, a 327
square foot roof deck, and a 445 square foot covered patio to an existing 4,300 s.f.
residence. On December 22, 2004, staff completed the initial review of the application,
at which time the application was deemed incomplete due to missing information on the
project plans. On April 6, 2005, the applicant submitted the remaining information to
staff that was needed to complete the application; and,
WHEREAS, the Height Variation application was deemed complete by staff on
April 15, 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 Regulations, 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 the Height Variation 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); and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 14, 2005 at which time all interested parties were given opportunities to
be heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the construction of an 85.5
square foot two-story entry porch, a 327 square foot roof deck, and a 445 square foot
covered patio to an existing 4,300 s.f. residence.
Section 2e The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
signatures from 90% of the landowners within 100 feet and 28% of the total number of
landowners within 500 feet.
Section 3: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height does not significantly impair a
view from public property (parks, major thoroughfares, bike ways, walkways or
P.C. Resolution No. 2005-28
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equestrian trails), which has been identified in the City's General Plan or Coastal
Specific Plan, as City-designated viewing areas. There are no public property viewing
areas, as designated within the General Plan, within the vicinity of, or that look over, the
subject site.
Section 4m The Height Variation is warranted since the proposed structure is
not located on a ridge or promontory. The subject property is located within a fully
developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code.
Section 5e The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of this
Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel.
Section 6: The Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment that
would be caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height; and (b) considering the
amount of view impairment that would be caused by the construction on other parcels of
similar new structures or additions that exceed sixteen feet in height. Since the project
does not create view impairment, it does not contribute towards cumulative view
impairment.
Section 7: The Height Variation is warranted since the proposed addition
complies with all other code requirements, in as much as the proposal meets all
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code.
Section n The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character. Based on an analysis of the
area, it is found that the proposed structure is consistent with the character of the
immediate neighborhood with respect to architectural style and materials, bulk and
mass, number of stories, structure size, front, side, and rear yard setbacks, and open
space between structures.
Section 9. The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences. The proposed residence does not
create an unreasonable infringement of privacy on the neighbors since the new roof
deck only views into the front yard of other homes.
Section 10: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.76.040(H) and 17.80.070 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 June 22, 2005.
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Section 11: 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 the Height
Variation to allow for the construction of an 85.5 square foot two-story entry porch, a
327 square foot roof deck, and a 445 square foot covered patio to an existing 4,300 s.f.
residence (Case No. ZON2004-00629); subject to the conditions contained in Exhibit
W, attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area.
PASSED, APPROVED AND ADOPTED this 14th day of June 2005, by the following
vote:
AYES: GERSTNER, KARP, KNIGHT, PERESTAM, TETREAULT
NOES: NONE
ABSTENTIONS:NONE
ABSENT: GOLIDA, MUELLER
. ..............
PauIT
Tetreault,
Chairman
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Jo I jas, ICP
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Di ect r of "n ng, Building and Code Enforcement; and,
,at":
Se ary to the Planning Commission
P.C. Resolution No. 2005-28
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Exhibit "A"
Conditions of Approval
(Planning o ission Resolution No. 2005-28)
Height Variation (Case No. 2 4-0062 )
1. The approval of a Height Variation is to allow for the construction of an 85.5
square foot two-story entry porch, a 327 square foot roof deck, and a 445 square
foot covered patio to an existing 4,300 s.f. residence.
2. Approval of this Height Variation shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County,
and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
3. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays.
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8. The construction site, adjacent public and private properties 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 not be
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.
9. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
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10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
11. 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.
12. The approved project shall maintain a maximum 50% lot coverage. (Proposed —
48.2%)
LOT COVERAGE CERTIFICATION IS REQUIRED. LICENSED CIVIL
ENGINEER Y ALL PREPARE THE CERTIFICATION.
CERTIFICATION LL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL EVIE APPROVAL PRIOR TO THE POURING F
FOUNDATIONS.
13. The proposed residence shall not exceed a height of 25', as measured from the
lowest grade adjacent to the building foundation/slab (0') to the highest ridgeline
of the residence (25'), and 22.5', as measured from the highest elevation of
existing building pad covered by structure (25) to the highest ridgeline of the
residence.
BUILDING EI HT CERTIFICATION IS REQUIREDTHE RECREATION
BUILDING. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL
PREPARETHE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED
TO THE CITY'S BUILDINGOFFICIAL FOR REVIEWAND APPROVAL PRIOR
TO ROOF FRAMING/SHEETING INSPECTION.
14. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed: 24)
5' side (proposed: 5' east, 10' west)
20' front (proposed: 20')
SETBACK CERTIFICATION IS REQUIREDFOR THE WEST SIDE.
LICENSED I IL ENGINEER OR SURVEY SHALL PREPARE THE
CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'
BUILDING FFICI L FOR REVIEWAND APPROVAL PRIOR TO THE
POURING OF FOUNDATI .
15. Unless approved by a subsequent Height Variation, the covered veranda that is
located on the roof deck above the garage shall not be enclosed.
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