PC RES 2005-034 P.C. RESOLUTION NO. 2005-34
RESOLUTION THE PLANNINGCOMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, ITH
CONDITIONS, A HEIGHT VARIATION (CAE NO. Z 2005-
170), FOR PROPERTY LOCATED T 32420 NAUTILUS.
WHEREAS, on April 8, 2005, the applicant submitted a Height Variation
application requesting to construct a 706 square foot second story addition to an
existing 6,838 square foot single-family residence. On May 6, 2005, 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 May 18, 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
May 25, 2005; and,
WHEREAS, on July 6, 2005, pursuant to State Government Code No. 65957, the
applicant granted a 90-day extension to the City's decision deadline of the project.
Accordingly, the City's new decision deadline for the project is October 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 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 July 26, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. That the approved project includes the construction of a 706 square
foot second story addition to an existing 6,838 square foot single-family residence.
Section a The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
84% of the property owners' signatures within 500 feet of the subject site.
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Section 3s 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
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 4® 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 5: 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(6) of this
Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel. If the viewing area is located in a
structure, the viewing area shall be located in a portion of a structure which was
constructed without a height variation permit or variance, or which would not have
required a height variation or variance when originally constructed had this section, as
approved by the voters on November 7, 1989, been in effect at the time the structure
was constructed, unless the viewing area located in the portion of the existing structure
which required a height variation permit or variance constitutes the primary living area
(living room, family room, dining room or kitchen) of the residence. Views in the area
are towards the south and primarily consist of the Pacific Ocean and Catalina Island. In
conducting a.view analysis, it is noted that the other properties in the area that can view
across the site either do not benefit from a view from this portion of the property due to
the location of other structures or there is sufficient elevation difference so the proposed
addition does not encroach into the view frame. The proposed addition does not extend
into a view corridor of another parcel.
Section : The Height Variation is warranted since if view impairment exists
from the viewing area of another parcel but it is determined not to be significant, as
described in Section No. 5, the proposed new structure that is above sixteen feet in
height or addition to an existing structure that is above sixteen feet in height is designed
and situated in such a manner as to reasonably minimize the impairment of a view. As
noted in Section 5, the proposed project does not create view impairment
Section 7: 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
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does not create view impairment, it does not contribute towards cumulative view
impairment.
Section : 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.
Additionally, it is found that even though the existing residence does not meet the
maximum height and minimum north side setback, Municipal Code Section
17.84.060(E) allows the non-conforming height and setback to remain.
Section ® 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 10: 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 area of the
addition is currently a roof deck, which allows the applicant to currently view into other
properties.
Section 11: 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 August 10, 2005.
Section 12® 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 a 706 square foot second story addition to an
existing 6,838 square foot single-family residence (Case No. Z®N2005-00170); 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 in the area.
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PASSED, APPROVED AND ADOPTED this 26th day of July 2005, by the following vote:
AYES: GERSTNER, GOLIDA, KARP, KNIGHT, TETREAULT
NOES: NONE
ABSTENTIONS: NONE
ABSENT: MUELLER, PERESTAM
Paul Tetreault,
Chairman
USSec0 oel jas, IC
ire' Vhning, Building and Code Enforcement; and,
re or of
i 01
c
retary to the Planning Commission
P.C. Resolution No. 2005-34
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Exhibit "A"
Conditions of Approval
(Planning Commission,Resolution No. 2005-34)
Height Variation (Case No. 2 -00170)
1. The approval of a Height Variation is to allow for the construction of a 706 square
foot second story addition to an existing 6,838 square foot single-family
residence. More specifically, the addition shall be located over the existing
garage.
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
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in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
11. The approved project shall maintain a maximum 45% lot coverage. (Proposed —
45%)
12. The proposed addition shall not exceed a height of 26' height limit, the proposed
addition will have a maximum height of 26', as measured from the lowest grade
adjacent to the building foundation/slab (100') to the highest ridgeline of the
addition (126'), and 23'-0.5", as measured from the highest elevation of existing
building pad covered by structure (102'-11.5") to the highest ridgeline of the
addition..
BUILDING EI HT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SU Y H LL PREPARE THE CERTIFICATION.
CERTIFICATION SIH LL BE SUBMITTEDTO THECITY'S BUILDING
OFFICIAL FOR REVIEWAPPROVAL I TO ROOF
FRAMING/SHEETING INSPECTION.
13. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed: 19'-4")
5' north side (existing: 4' / addition: 38')
5' south side (proposed: 11'-6")
20' front (proposed: 26'-11")
14. 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.
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