PC RES 2006-014 P.C. RESOLUTION NO. 2006-14
RESOLUTION F THE PLANNING COMMISSION OF THE IT F
RANCHO PALPALOS VERDES APPROVINGCASE NO. ZON2005-00296,
HEIGHT VARIATION PERMIT FOR A NEW1,132 SQUARE FOOT
SECOND STORY ADDITION OVEREXISTING ONE-STORY
RESIDENCE, RESULTING IN A 4,700 SQUARE FOOT RESIDENCE
(GARAGE INCLUDED) EAS I 5-FEET IN OVERALL HEIGHT, FOR
PROPERTY LOCATED T 7239 RUE LA FLEUR.
WHEREAS, on March 22, 2005, the Planning Commission denied without prejudice
Case No. ZON2004-00194, a Height Variation for a new 888 square foot second story
addition to an existing one-story residence. The project was denied without prejudice
because the Planning Commission concluded that the proposed addition was not
compatible with the immediate neighborhood, and to allow the applicant another
opportunity to address the concerns raised by the Planning Commission while not being
constrained by a deadline to submit a redesigned project; and,
WHEREAS, on June 7, 2005,the applicant Wayne Sun, representing property owner
Sue Hyun Chang submitted Case No. ZON2005-00296, a Height Variation application for a
1,132 square foot second story addition measuring 25-feet high concentrated at the
northwest corner of the structure; and,
WHEREAS, on July 7, 2005, the application was deemed incomplete pending the
construction of the temporary silhouette; and,
WHEREAS, on October 12, 2005, a revised project was submitted with a second
story addition over the middle of the existing residence; and,
WHEREAS, upon the construction of the temporary silhouette and submittal of the
silhouette certification form, the case was deemed complete by Staff on February 3, 2006;
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. ZON2005-00296 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 14, 2006, 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 77.7% of
the property owners within 100-feet of the subject property and 38.8% 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 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. Due to the topography and development in the area, there
are no residences that contain a view from the viewing area in the direction of the subject
property.
Section 5: 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 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, roofing 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 readily visible
from the street.
P.C. Resolution No. 2006-14
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Section 9: The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to the development patterns and
topography of the adjacent properties.
Section % 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. ZON2005-
00296 for a Height Variation application, thereby allowing a new 1,132 square foot second
story addition over the middle of the residence, resulting in a maximum overall height of 25-
feet and resulting in a 4,700 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 29, 2006.
PASSED,APPROVED, AND ADOPTED this 14th day of March 2006, by the following vote:
AYES: Gerstner, Karp, Knight, Lewis, Ruttenberg, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Perestam
i'm K
lanni mmission Chairman
rzo I
Joel R *as, ACCP u Oil d
Direc or of lanning, uild g and
Code,QEnf rcement; a S cretary
to the nning Commission
P.C. Resolution No. 2006-14
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Exhibit "A"
Conditions of Approval
Case No. ZON2005-00296
(hleightVariation)
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 1,132 square foot second story addition at the middle of the
existing one-story residence, resulting in a total structure size of 4,700 square feet
(including garage). SUBJECT TO REVIEWAND APPROVAL BY THE UILDI
OFFICIAL,A SIZECERTIFICATION FOR THE EC T Y IS REQUIREDY
LICENSED LAND SURVEYOR I PRIOR TO FRAMING INSPECTION
OF THE STRUCTURE.
4. The following minimum setbacks shall be maintained:
Front yard: 20'-0" minimum (proposed: 55'-6")
Side yard: 5'-0" minimum (proposed: 10'-6")
Rear yard: 15'-0" minimum (proposed: no change to existing)
5. The maximum overall height of the two-story addition shall be limited to 25-feet, as
measured from highest ridgeline of the second story addition to the lowest grade
elevation adjacent to the structure located at the southwest corner of the existing
garage. SUBJECT TO REVIEWAPPROVAL BY THE BUILDING FFICI L,
RIDGE HEIGHT CERTIFICATION IS REQUIREDY A LICENSED LAND SURVEYOR
OR ENGINEER I TO INSTALLATION OF ROOF MATERIALS.
6. 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.
7. Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
8. 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: no change to existing
44.9%).
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9. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
10.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.
11.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.
12.The maximum eave projection allowed into the required setback areas shall not exceed
6-inches for each 1-foot of required setback.
13.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.
14.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.
15.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. 2006-14
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