PC RES 2006-042 P.C. RESOLUTION NO. 2006- 2
RESOLUTION OF THE PLANNING I SI N OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING EI T VARIATION (PLANNING CASE
® 2006-00014) FOR THE CONSTRUCTION OF
NEW 541-SQUARE-FOOT 2-STORY ADDITION TO AN
EXISTING 2-STORY SINGLE-FAMILY RESIDENCE,
LOCATED T 28731 SHIRE OAKS DRIVE
WHEREAS, on January 9, 2006, the applicants, Dark and Dee Nelson, submitted
an application for Planning Case No. ZON2006-00014 for a height variation to allow an
addition above the garage of their existing 2-story single-family residence on an pad lot on
Shire Oaks Drive; and,
WHEREAS, on June 23, 2006, the application for Planning Case
No. ZON2006-00014 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)(1)); 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 August 8, 2006, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY 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 541-square-
foot 2-story addition to the existing 2-story single-family residence on 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 60% of the property owners within a 500-foot radius of the subject property
and 80% of the property owners within a 100-foot radius of the subject property.
S. The proposed 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. As viewed from the living room at 28726 Shire Oaks Drive,
the existing residence at 28731 Shire Oaks Drive already obstructs the view of the
ocean and Santa Catalina Island, although there are opportunities for a partial view
through the side yards of the property. The proposed addition will not encroach into
either side yard. As viewed from the family room at 28713 Covecrest Drive, the
ridgeline of the existing residence at 28731 Shire Oaks Drive is barely visible above
the existing fence along the rear property line, and already obstructs a small portion
of the view of the ocean and Santa Catalina Island. The proposed addition would
raise the ridgeline by just over one foot(1'-0"), but this would not result in significant
additional impairment of the ocean view.
E. While less-than-significant view impairment exists from the viewing area of the
property at 28713 Covecrest Drive, and the pitch of the roof of the project could be
lowered to reduce or eliminate this impairment, the roof pitch of the addition would
then differ from the pitch of the existing roof, potentially creating structural
complications tying the old and new roof structures together. Therefore, the
Planning Commission believes that the project has been designed to reasonably
minimize view impairment.
F. The portion of the proposed project that is above sixteen feet (16-0") in height
results in less-than-significant impairment of the view from 28713 Covecrest Drive.
Similar additions to the abutting 2-story homes at 28723 Shire Oaks Drive and
28737 Shire Oaks Drive would result in small increases in their overall height as
well. However, since the view of the ocean from 28713 Covecrest Drive is already
impaired as much or more by these existing, abutting residences as by the subject
property at 28731 Shire Oaks Drive,the cumulative impacts of these possible future
additions would not be significant.
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.
P.C. Resolution No. 2006-42
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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; 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.
1. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences. The closest residence abutting the
proposed addition is located at 28723 Shire Oaks Drive. The 2nd-story west facade
of the house facing 28723 Shire Oaks Drive includes two (2) windows: a leaded
glass window in the master bathroom and a small window near the front corner of
the house in a secondary bedroom. These windows would not overlook living areas
or the rear yard of the residence at 28723 Shire Oaks Drive.
Section 2: 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)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15)days
following August 8, 2006, the date of the Planning Commission's final action.
Section 3: 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. ZON2006-00014)for the construction of a new 541-square-
foot 2-story addition to an existing 2-story single-family residence, located at 28731 Shire
Oaks Drive, subject to the conditions of approval in the attached Exhibit 'A'.
P.C. Resolution No. 2006-42
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PASSED, APPROVE®, AND ADOPTED this 8 to day of August 2006, by the following
vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg and Tetreault,
Vice Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: none
Jinn IC t
Chaa
Joe0lRojiS, ACCP
Dir ctor f Planning, ilding
an Co e Enforcement; and,
Secre ary to the Planning Commission
P.C. Resolution No. 2006-42
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2006-00014
(Nelson, 28731 Shire as Drive)
General Conditions:
I Prior tothe 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.
Z 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 a 541-square-foot 2-story addition to 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 Code.
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.
P.C. Resolution No. 2006-42
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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 oron the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
11. The approved project shall maintain a maximum of 50% lot coverage (33.9%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
12. 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:
13. This approval is for a 541-square-foot, 2-story addition to an existing 2-story single-
family residence, consisting of an 18-square-foot 1St-floor addition and a 523-
square-foot 2nd-floor addition. BUILDING AREA CERTIFICATION REQUIRED, to
be provided by a licensed land surveyor or civil engineer prior to building permit
final.
P.C. Resolution No. 2006-42
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14. The maximum ridgeline of the approved project is 127.66'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
15. The approved residence shall maintain setbacks of 20'-0"front, 39'-10" rear, 12'-8"
east side and 5'-0"west side.
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