PC RES 2006-036 P.C. RESOLUTION NO. -36
RESOLUTION F THE PLANNING I I F THE CITY
RANCHOOF PALOS VERDEVERDES APPROVING, WITH
CONDITIONS, A HEIGHTVARIATION FOR THE DEMOLITION OF
AN EXISTING N STORY RESIDENCE, AND THE
CONSTRUCTION OF A N5,464 SQUARE FOOT,
TWO-
STORY I L - ILY RESIDENCE (GARAGE INCLUDED)
MEASURING3a 3-F T IN OVERALL HEIGHT, AT PROPERTY
LOCATED T 30831 RUE LANGLOIS.
WHEREAS, on August 4, 2005, the applicant, Barry Thomas, representing the
property owner Ali Asgari, submitted Case No. ZON2005-00409, a Height Variation
application requesting to demolish the existing single story residence and to construct a
new two story residence; and,
WHEREAS, on September 2, 2005 and November 29, 2005, the project was deemed
incomplete pending submittal of additional information; and,
WHEREAS, upon submittal of the required information, the case was deemed
complete by Staff on February 17, 2006; 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 25, 2006, at which time all interested parties were given an opportunity
to be heard and present evidence.
WHEREAS, on April 25, 2006, the Planning Commission continued the item to
May 9, 2006, to allow the applicant additional time to redesign the proposed project;
and,
WHEREAS, on May 9, 2009, the Planning Commission continued the item to
June 27, 2006, as the applicant requested additional time to revise the project plans;
and,
WHEREAS, on June 15, 2006, the applicant submitted a revised plans that
included project revisions; and,
WHEREAS, on June 27, 2006, after accepting oral and written testimony and
deliberating on the matter, the Planning Commission tabled the matter to the
Commission meeting on July 11, 2006 with the motion to deny without prejudice the
Height Variation Permit application as the Planning Commission found that only seven
of the nine required findings could be made in a positivemanner; and,
WHEREAS, on July 11, 2006, after considering the tabled motion, the Planning
Commission denied the tabled motion and opened the public hearing to accept oral and
written testimony. After deliberating on the matter and in consideration of the
P.C. Resolution No. 2006-36
Page 1 of 6
applicant's materials that addressed the issues of bulk and mass and privacy, the
Planning Commission found that all nine (9) required findings could be made in a
positive manner; 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,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the demolition of a 3,162 square
foot, single story residence and the construction of a new 5,464 foot, two-story
residence (garage included).
Section 2® The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
45 signatures, which meets the 60% requirement, or 32 signatures, as well as 6
signatures or 65%, of the property owners within 100 feet, The applicant has also
notified the West Palos Verdes Homeowners Association.
Section A 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 Pian, 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 on a graded pad
lot that was created when the surrounding neighborhood was developed in a terraced
manner and is therefore not 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 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. If the viewing area is located in a
structure, the viewing area shall be located in a portion of a structure which was
constructed without a height variation permit or variance, or which would not have
required a height variation or variance when originally constructed had this section, as
P.C. Resolution No. 2006-36
Mage 2 of 6
approved by the voters on November 7, 1969, been in effect at the time the structure
was constructed, unless the viewing area located in the portion of the existing structure
which required a height variation permit or variance constitutes the primary living area
(living room, family room, dining room or kitchen) of the residence. Based on an
analysis of the area, the proposed portion of the second story residence that is above
16-feet will not significantly impair the view from the viewing areas of another parcel
Section ® The Height Variation is warranted since no view impairment exists
from the viewing area of another parcel, as described in the previous section.
Section 7: The Leight 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 ( ) 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. As indicated
above, there will be no view impairment from the viewing area of another parcel on Rue
Langlois and there will be no view impairment from another parcel on Rue Valois due to
the lower elevation location of the subject property as referenced from the viewing areas
of the properties located on Rue Valois. If subsequent second story structures in the
vicinity of the subject site were permitted to a height of 25 feet, then Staff believes that
no significant view impairment would exist from the viewing areas located on Rue
Valois. As such, there is no evidence of significant cumulative view impairment.
Section : The Height Variation is warranted since the proposed structure
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 n 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, as dated on June 27, 2006 and the
additional revisions proposed on July 11, 2006, are 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 10: The height Variation is warranted since 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.
Section 11. 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 17.60.070 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 July 26, 2006.
P.C. Resolution No. 2006-36
Page 3 of 6
ti
Section 12: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings (dated
April 25, 2006, June 27, 2006. and July 11, 2006), the Planning Commission of the City
of Rancho Palos Verdes hereby approves the Height Variation to allow for the
construction of a new 5,464 square foot, 2 story residence (Case No. ZON2005-00409);
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 in the area.
PASSED, APPROVED AND ADOPTED this 11th day of July 2006, by the following vote:
AYES: VICE CHAIRMAN GERSTNER, COMMISSIONERS KARP, TETREAULT,
RUTTENBERG AND PERESTAM
NOES:
ABSTENTIONS: NONE
ABSENT: CHAIRMAN KNIGHT AND COMMISSIONER LEWIS
Jim Knight,
Chairman
'tea 4111
Joel
-"" A rtrtg•
Director of Planning, Building and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2006- 36
Page 4 of 6
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2006-36)
Height Variation (Case No. ZON2005-00409)
1 The approval of a Height Variation is to allow for the demolition of an existing
3,182 square foot, single story residence and the construction of a new 5,464
square foot, two-story residence. The construction shall conform to the project
plans dated June 27, 2006 and shall incorporate the revisions and the rendering
presented and recorded in the adopted Planning Commission meeting minutes
dated July 11, 2006, herein as Exhibit 'B', Exhibit 'C' and Exhibit 'D' respectively.
2. With the exception of a translucent deck screen, the project shall conform to the
revised elevation plans labeled "After" as presented at the July 11, 2006 Planning
Commission meeting (Exhibit 'C'). Said elevation plans include a proposed 2:12
roof slope pitch and a 7" reduced entry trellis height. In respect to the overall
structure height, the roof height shall not exceed 23.63' as measured from the
lowest grade adjacent to the building foundation/slab (269.70').
3. Prior to the issuance of building permits, the applicant shall submit and obtain
the Director's approval of a landscape plan. Said landscape plan shall include
foliage that is similar in number, location, height and type as that illustrated in the
applicant's rendering (Exhibit 'D') presented at the July 11, 2006 Planning
Commission meeting. However, in no case shall the applicant/owner violate the
City's code in respect to fence, wall and hedge heights.
4. 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.
5. 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.
6. 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.
7. 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
P.C. Resolution No. 2006-36
Page 5 of 6
compliance with said plans and conditions.
8. 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.
9. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval (June 27, 2006 and as revised on July 11, 2006),
approved by the Planning Department.
10. 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.
11. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
12. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
13. The approved project shall maintain a 39.7% lot coverage.
14. The proposed residence shall not exceed a height of 23.63' as measured from
the lowest grade adjacent to the building foundation/slab (269.70') to the highest
ridgeline of the residence (293.33'), and 21.63', as measured from the highest
elevation of existing building pad covered by structure (271.70') to the highest
ridgeline of the residence.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
15. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed: 54-6")
5' interior side (proposed: 5')
10' corner side (proposed: 10')
20' front (proposed: 20'-7")
SETBACK CERTIFICATION IS REQUIRED FOR THE NORTH SIDE. A
LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE
CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITYS
BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE
POURING OF FOUNDATIONS.
P.C. Resolution No. 2006-36
Page 6 of 6
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Exhibit C
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P.C. Resolution No. 2006-36
Exhibit C
Page 2 of 2
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