PC RES 2006-002 P.C. RESOLUTION NO. 2006-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO POS VERDES APPROVIITH
CONDITIONS, SITE PLAN REVIEW AND HEIGHT VARIATION
PERMIT (CASE NO. 20 0404), FOR PROPERTY
LOCATED AT 30136 VIA RIVERA.
WHEREAS, on August 4, 2005, the applicant submitted a Site Plan Review and
Height Variation application requesting to construct a 680 square foot addition to the
first-story and a 1,121 square foot addition to a second-story of an existing 2,272 square
foot single-family residence; and,
WHEREAS, the Site Plan Review and Height Variation application were deemed
complete by staff on August 31, 2005; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQX), 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 Site Plan Review and
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, Staff received written comments and a petition from
property owners with concern regarding the proposed size, design, and the incorrectly
constructed silhouette; and,
WHEREAS, Staff confirmed the silhouette has been constructed incorrectly on
October 5, 2005; and,
WHEREAS, to allow the applicant time to address the issues raised by the
property owners and to construct a correct silhouette, Staff made a recommendation to
the Planning Commission to continue the item from the October 11, 2005 meeting to the
October 25, 2005 meeting; and,
WHEREAS, the Planning Commission approved Staff's recommendation; and,
WHEREAS, the applicant expressed difficulty in addressing the issues raised by
the property owners in time -for the October 25, 2005 meeting; thereby requesting the
item be continued to the November 22, 2005 meeting. The Planning Commission
thereby continued the item to the November 22, 2005 meeting; and,
P.C. Resolution No. 2006- 72
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WHEREAS, the applicant has agreed to a 90-day extension of time of the Permit
Streamlining Act requirement pursuant to Government Code Section 65950, which
extends the action deadline date from October 29, 2005 to January 26, 2006; and,
WHEREAS, revised plans were received by Staff and the correct silhouette
construction had been confirmed by Staff on November 15, 2005; 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 November 22, 2005 at which time all interested parties were given
opportunities to be heard and present evidence; and,
WHEREAS, the Planning Commission recommended the applicant revise the
plans to address the concerns raised at the public hearing regarding the proposed size,
architectural style, privacy concerns, and safety; thereby recommending the item be
continued to the January 10, 2006 meeting; 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 680 square
foot addition to an existing first-story and a 954 square foot addition to an existing
second-story of a 2,272 square foot two- story residence.
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
signatures from 76% of the landowners within 100 feet and 60% 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
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(5) of this
Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel.
P.C. Resolution No. 2006- 2
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Section 6: The Height Variation is warranted since there is no significant
cumJlative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment that
woul 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 8: 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, as conditioned, 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 existing second story allows the applicant to view into the rear
yards of the neighbors.
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 December 8, 2005.
Section I I 9 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 1,634 square foot addition to an existing
2,272 square foot two-story residence (Case No. ZON2005-00404); 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.
P.C. Resolution No. 2006-2
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PASSED, APPROVED AND ADOPTED this I oth day of January 2006, by the following
vote:
AYES: Tetreault, Perestam, Karp
NOES: Mueller
ABSTENTIONS: Knight, Gerstner
ABSENT: none
'Flaul Tetr-e-ault,
Chairman
Joel oj s,�AI�CP �T)
A � --5wilding and Code Enforcement; and,
Dir ctor f Plann
Se oeta to the Planning Commission
P.C. Resolution No. 2006-2
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2006-2)
Height Variation (Case No. ZON2005-00404)
1. The approval of Site Plan Review and Height Variation is to allow for the
construction of a 680 square foot first-story addition and a 954 square foot
second-story addition to an existing 2,272 square foot two-story residence.
2. Approval of this Site Plan Review and 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 I 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 proposed second-story addition shall be recessed at least five (5) feet from
the south side elevation, as measured from the southern edge of the existing
first-story. The resulting second-story addition shall measure 12'-4" from the
south property line.
9. 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
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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.
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. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
12. The approved project shall maintain a maximum 50% lot coverage. (Proposed —
31%)31%)
13. The proposed residence shall not exceed a height of 23'-6", as measured from
the lowest grade adjacent to the building foundation/slab to the highest ridgeline
of the residence, and 22'-8", as measured from the highest elevation of existing
building pad covered by structure to the highest ridgeline of the residence.
14. The proposed structure shall maintain the following minimum setbacks:
15'-0" rear (proposed: 54'-0")
5'-0" side (proposed first-story: 7'-2" north, 7'-4" south;
proposed second-story: 12'-4" south)
20'-0" front (proposed: 21'-5")
15. The applicant shall revise plans to show the minimum 20'-0'l depth, the minimum
18'-0" width, and the minimum 7'-0" height clearance for the existing garage prior
to submittal for building plan check.
P.C. Resolution No. 2006- 2
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