PC RES 2006-020 P.C. RESOLUTION NO. 2006-20
RESOLUTION THE PLANNINGCOMMISSION THE
CITY OF RANCHO PALOSVERDES CONDITIONALLY
APPROVING HEIGHT VARIATION (PLANNING CASE
N200 - 038) FOR THE CONSTRUCTION F A 515-
SQUARE-FOOT
1 -
-F T SECOND-STORY ADDITION TO AN
EXISTING 2,834-SQUARE-FOOT 2-STORY SINGLE-FAMILY
RESIDENCE, L T T 26609 NOKOMIS
WHEREAS, on January 16, 2006, the applicant, Keith Hoffmann, submitted an
application for Planning Case No. ZON2006-00038 for a height variation to allow a 515-
square-foot 2nd-floor addition to an existing 2-story single-family residence on Nokomis
Road in the Blackhorse community; and,
WHEREAS, on February 28, 2006, the application for Planning Case
No. ZON2006-00038 was deemed complete by Staff; 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 approval of the requested height variation
would have a significant effect on the environment and,therefore,the proposed project has
been found to be categorically exempt (Section 15301(e)); 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 April 11, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a 515-square-
foot second-story addition to the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 28% of the property owners within a 500-foot radius of the subject property
and 92% of the property owners within a 100-foot radius of the subject property.
B. The proposed addition to an existing structure that is above sixteen feet in height
does not significantly impair a view from public property (parks, major
thoroughfares, bikeways, walkways or equestrian trails),which has been identified
in the City's General Plan or Coastal Specific Plan, as City-designated viewing
areas because the subject property is not directly overlooked by any park, major
thoroughfare, bikeway, walkway or equestrian trail identified in the City's General
Plan as a City-designated viewing area.
C. The proposed structure is not located on a ridge or promontory; rather, the subject
property is a graded pad lot surrounded by similar pad lots that were all created
when the neighborhood was originally graded and developed in the late 1960s.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel because the existing residence at 26609 Nokomis Road is
not visible from the viewing area of the residence at 5026 Rockvalley Road due to a
solid block wall along the rear property line, and while the additional height of the
roof above the proposed addition is visible above the wall, it would only block a view
of sky, which is not protected pursuant to RPVDC Section 17.02.040(A)(14).
E. The required finding that, if view impairment exists from the viewing area of another
parcel but it is determined not to be significant, the proposed new structure that is
above sixteen feet in height is designed and situated in such a manner as to
reasonably minimize impairment of a view, does not apply because the proposed
project does not result in significant view impairment from the viewing area of
another parcel.
F. There is no significant cumulative view impairment caused by granting the
application because the proposed project does not result in significant view
impairment from the viewing area of another parcel and, given the existing
topography of the neighborhood, similar additions to other nearby homes on
Nokomis Road would not result in significant view impairment.
G. The proposed structure complies with all other Code requirements, including the
RS-4 zoning district development standards with respect to lot coverage and
setbacks, and the off-street parking requirements for single-family residences.
H. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, including total square footage and lot
coverage of the residence and all ancillary structures; architectural styles, including
facade treatments, structure height, open space between structures, roof design,
the apparent bulk or mass of the structure, number of stories, and building
materials; and front-, side-, and rear-yard setbacks.
I. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences because there are no new windows in the
addition that face directly toward abutting residences at 26615 and 26623 Nokomis
P.C. Resolution No. 2006-20
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Road, and the window facing toward the street does not result in unreasonable
infringement of the privacy of residences across the street at 26618 Nokomis Road
or 26533 Deepbrook Drive due to distance, differences in topography and existing
walls and foliage.
Section 2: Pursuant to Section 17.02.040(8)(4) of the Rancho Palos Verdes
Municipal Code, a foliage analysis was conducted in conjunction with the proposed project.
This analysis revealed that an existing podocarpus hedge at the top of the slope along the
rear property line of the subject property potentially impaired the view from the viewing area
of the residence at 5016 Rockvalley Road. Although the existence of such impairment
would typically be grounds to require the trimming of the hedge to restore this view, the
Planning Commission finds that, based upon evidence presented to the Planning
Commission and made a part of the records of these proceedings, the trimming of this
hedge would result in an unreasonable infringement of the privacy of the residents at 5016
Rockvalley Road and there is no other means available to protect this privacy. Therefore,
the Planning Commission finds that the podocarpus hedge along the common property line
with 5016 Rockvalley Road does not need to be trimmed as a condition of the approval of
this height variation.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(j) 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 fifteen (15) days following April
11, 2006, the date of the Planning Commission's final action.
Section 4: 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 conditionally approves a height
variation (Planning Case No. ZON2006-00038) for the construction of a 515-square-foot
second-story addition to an existing 2,834-square-foot 2-story single-family residence,
located at 26609 Nokomis Road, subject to the conditions of approval in the attached
Exhibit 'A'.
P.C. Resolution No. 2006-20
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PASSED, APPROVED, AND ADOPTED this'. 11th day of April 2006, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam and Ruttenberg, Vice
Chairman Gerstner
NOES: Chairman Knight
ABSTENTIONS: none
ABSENT: Commissioner Tetreault
m �Cni
hairrn n
Joel a , AICP
Dir for o Planning, BU Edi
an Co Enforcement; and,
Sec ary to the Planning Commission
P.C. Resolution No. 2006-2_0
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EXHI IT W
CONDITIONS PP FOR
PLANNING CASE NO. ZON2006-00038
(Hoffmann, 609 Nokomis Road)
General Conditions:
1. Priorto the submittal of plans into Building and Safety plan check,the applicant and
the 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
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for the construction of a 515-square-foot second-floor addition
above the garage of an existing 2-story single-family residence. The Director of
Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would strict compliance
with the approved plans and conditions. Otherwise, any substantive change to the
project shall require approval of a revision to the height variation by the Planning
Commission and shall require new and separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-4 district
development standards of the City's Municipal Codes
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and approved by the Director.
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Otherwise, a height variation revision must be approved prior to further
development.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code.
11. No grading is approved by this action.
12. The approved project shall maintain a maximum of 50% lot coverage (42%
proposed).
13. 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.
Height Variation Conditions:
14. This approval is for a 515-square-foot second-story walk-in closet and family room
addition above the garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
15. The maximum height of the approved addition is 24-6". BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
16. PRIOR TO BUILDING PERMIT ISSUANCE,the applicant shall provide evidence to
the satisfaction of the Director of Planning, Building and Code Enforcement that the
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maximum hardscape coverage within the front-yard setback area of the property
does not or shall not exceed fifty percent (50%). Any modifications to the existing
hardscape necessary to comply with this condition shall be completed PRIOR TO
BUILDING PERMIT FINAL.
M:\Projects\ZON2006-00038(Hoffmann,26609 Nokomis Rd)\PC Resolution 2006-20.doc
P.C. Resolution No. 2006-20
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