PC RES 2006-004 P.C. RESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING I I F THE
CITY OF RANCHOPALPALOS VERDES APPROVING, WITH
CONDITIONS, HEIGHT VARIATION (CASE NO. Z 2005
0047 ), FOR PROPERTY LOCATED AT 29206 BEACHSIDE
DRIVE.
WHEREAS, on September 9, 2005, the applicant submitted a Height Variation
application requesting to construct a 626 square foot addition to an existing 3,974
square foot single-family residence. On October 10, 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 October 31, 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
November 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 January 10, 2006 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 626 square
foot addition to an existing 3,974 square foot single-family 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 83% of the landowners within 100 feet and 29% 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. Due to the location of the site and the
P.C. Resolution No. 2006-04
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topography in the area, the proposed structure is not visible from a public viewing area
or viewing site, as defined by the General Plan.
Section 4: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height 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 : The Height Variation is warranted since the proposed 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. Based on the view
analysis it is found that the other properties in the vicinity are at a similar or lower
elevation as the subject site, thus do not benefit from a view across and/or through the
subject site.
Section 6: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height, when view impairment exists
from the viewing area of another parcel but it is determined not to be significant, as
described in the previous section, is designed and situated in such a manner as to
reasonably minimize the impairment of a view. As noted in the previous section, the
proposed project does not create view impairment to a protected view, therefore the
project has been designed and situated in such a manner as to reasonably minimize the
impairment of a view.
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
does not create view impairment, it does not contribute towards cumulative view
impairment.
Section 6: 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 : The Height Variation is warranted since the proposed addition 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.
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Section 10- The Height Variation is warranted since the addition to the existing
struc�ure that is above sixteen feet does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences. The proposed addition is located
on te front side of the subject residence. As such, new second story windows only
look'lowards the street and the front yards of the abutting properties. Inasmuch as the
front yards are open to the view of anyone driving or walking down the street, the
project is not creating an unreasonable infringement to the privacy of the abutting
residences.
Section I I- 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 January 25, 2006.
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 626 square foot addition to an existing 3,974
square foot single-family residence (Case No. ZON2005-00470); 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 10th day of January 2006, by the following
vote:
AYES: GERSTNER, KARP, KNIGHT, MMLER, TETREAULT
NOES: NONE
ABSTENTIONS: NoNE
ABSENT: PEREsTAm
Fhaul Tetreault,
Chairman
Jos' AICD
D22�jaofPlanninBuil ing and Code Enforcement; and,
S��ry to the Pl(ntrn�i)Commission
P.C. Resolution No. 2006-04
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2006-04)
Height Variation (Case No. 20 ®0047 )
1. The approval of a Height Variation allows the construction of a 626 square foot
addition to an existing 3,974 square foot single-family residence. More
specifically, the 626 square foot addition shall be located above the garage on
the second floor and consist of two new bedrooms and a new bathroom.
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. Unless modified by a future City approval, the subject site shall maintain a
maximum lot coverage of 40%.
12. 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.
13. With the proposed addition, the residence shall not exceed a height of 24.27', as
measured from the lowest grade adjacent to the building foundation/slab (1100') to
the highest ridgeline of the residence (124.27 ), and 22.17', as measured from
the highest elevation of existing building pad covered by structure (102.1') to the
highest ridgeline of the residence.
14. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions
of 9' in width and 20' in,depth, with minimum 7' vertical clearance.
15. Unless modified by a future City approval, the residence shall maintain a
minimum 46' rear yard setback, a 20' front yard setback, a 12' north side
setback, 5' south side setback, and 40'-8" rear yard setback.
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