PC RES 2006-062 P.C. RESOLUTION NO. 2006-62
RESOLUTION THE PLANNING COMMISSIONF THE CITY OF
RANCHOL VERDES APPROVING, IT CONDITIONS, I T
VARIATION PERMIT (CASE NO. Z -00349) FOR PROPERTY
LOCATED AT 6115 OCEAN TERRACE DRIVE
WHEREAS, on June 30,2006,the applicant submitted Case No.ZON2006-00349, a
Height Variation application for a 5,173 square foot two-story residence on an existing
vacant lot; and,
WHEREAS, on July 27, 2006, the project was deemed incomplete pending submittal
of additional information; and,
WHEREAS, upon submittal of the required information, the construction of the
temporary silhouette and submittal of the silhouette certification form, the case was
deemed complete by Staff on September 8, 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. ZON2006-00349 would have a
significant effect on the environment and,therefore,the proposed project has been found to
be categorically exempt under Class 3 (New Construction or Conversion of Small
Structures) since the project involves a construction of one single-family residence on a
legal parcel; 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
October 24, 2006, at which time the applicant was directed to address the proposed bulk
and mass of the residence and an inclusion of an architectural discussion as to why a two-
story residence, rather than a single-story, is proposed, and continued the item to the
December 12, 2006 meeting; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
December 12, 2006, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section '1; The applicant obtained acknowledgement signatures from 71%of the
property owners within 100-feet of the subject property and 54% of the property owners
within 500-feet of the subject property, who have reviewed the plans prior to filing the
application with the City.
Section2: The proposed two-story residence 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 existing vacant parcel is not a ridge or a promontory as there are
other adjacent parcels with varying pad elevations that were terraced when initially
constructed.
Section 4; The portion of the proposed two-story residence above sixteen feet in
height, when considered exclusive of foliage, does not significantly impair a view from the
viewing area of another parcel since the residences on either side of the views that can be
had from these residences are not oriented towards the subject site. Moreover, these
home view across the homes on the opposite side of the street and are impaired by the
portions of the structure that are within the 16'/20' by-right building height. Additionally,the
homes situated to the north of the subject site, (i.e., in the Sea Breeze tract), are at similar
grade elevation as the subject residence and therefore, view across the existing residences
along Ocean Terrace Drive that are within the 16'/20' by-right building height.
Section 5, Inasmuch as the proposed second-story does not create view
impairment,there is no expectation of significant cumulative view impairment as the result.
Section a The proposed structure complies with all other Code requirements in
that all the development standards of the RS-1 Zoning District are met and the minimum
setback requirements are exceeded.
Section 7: The addition and resulting appearance will continue to maintain the
character of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The roofing material, exterior finishes, number of stories, and
building materials will be consistent with other homes in the neighborhood. The size of the
proposed residence (5,112 square feet)is found within the immediate neighborhood range
of 3,013 square feet to 7,395 square feet; the proposed lot coverage will not exceed the
25% limitation; and the residence will be constructed using similar materials found in the
immediate neighborhood, thereby maintaining the neighborhood character. However, the
proposed height and the design of the three chimneys were found to be incompatible with
the design of the new residence and shall be revised to meet only the minimum height
requirement as directed by the City Building Code. Finally, the proposed setback distances
to the corresponding property lines are comparable to the residences in the vicinity of the
subject property.
Section 3: The bedroom windows on the west and the east side of the new
second-story, as well as the balcony on the north elevation, created privacy concerns for
the property owners at 6135 and 6105 Ocean Terrace Drive. To mitigate the privacy
concerns, the windows on the east side of the proposed second-story, specifically,the two
bathroom windows, have been modified to be opaque/translucent material; the balcony on
the north (rear)of the second-story has been eliminated; and based on reevaluation of the
P.C. Resolution No. 2006- 62
Page 2
proposed project,the proposed windows on the west side of the property are situated to be
at least 45' from the corresponding property line. Further, the property to the west of the
subject site, 6135 Ocean Terrace Drive, utilizes the west side of the existing yard as a rear
yard as evidenced by the existing pool on that location. Consequently, it is not believed
that the rear yard is used more than the west side yard. Inasmuch as the proposed
windows on the west side of the proposed residence looks in the direction of the rear yard
at 6135 Ocean Terrace Drive, which is set back at least 45' from the corresponding
property line, there is no privacy impact caused as seen from the west side windows on the
proposed second-story addition.
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 the Case No.ZON2006-
00349 for a Height Variation Permit, thereby allowing for a 5,112 square foot two-story
residence on an existing vacant lot, 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 10: 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 stating
the grounds of the appeal and with the appropriate appeal fee, no later than 4:30 P.M. on
January 5, 2007.
PASSED, APPROVED, AND ADOPTED this 12th day of December 2006, by the following
vote:
AYES: Lewis, Ruttenberg, Gerstner, Perestam
NOES: Tetreault, Karp, Knight
ABSTENTIONS: None
ABSENT: None
,f(m Knig
v,r
/Planning mmission Chairman
Joel oja , AICP
Dirctor f Plannin B ' ding and
Co nforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006- 62
Page 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. ZON2006-00349
(HEIGHT VARIATION)
General Conditions:
1. Prior to 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
the date of this approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within
the public right-of-way.
3. 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.
4. 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
changes to the project shall require approval of a revision to the Site Plan Review by
the Planning Commission and shall require new and separate environmental review.
5. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including but
not limited to height, setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
7. If the applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within 180 days of the final effective date of
this Resolution, 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.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another City department, the stricter standards shall apply.
P.C. Resolution No. 2006-
Con i ions
006-Conditions of Approval
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9. finless 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.
10. 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.
11. Permitted hours and days of 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. Trucks 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 in this condition.
12. Maximum hardscape coverage within the 20-foot front yard setback area shall not
exceed 50%.
13. A minimum 3-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.
14. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
15. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
16. All construction sites shall be maintained in a secure, safe, neat and orderly
manner. Temporary bathrooms shall be provided on a construction site if required
by the City's Building Official. Said portable bathrooms shall be subject to the
approval of the City's Building official and shall be places in a location that will
minimize disturbance to the surrounding property owners.
Height Variation
17. This approval is for the construction of a 5,112 square foot two-story single-family
residence (three-car garage included).
18. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum 25% lot coverage (24% proposed) and the
P.C. Resolution No. 2006-62
Conditions of Approval
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following setbacks from the applicable property lines:
Front 20' (26'-5" proposed)
Side 25' Total Both Sides / 10' One Side (23'-2" west side, 13' east
side proposed)
Rear 20' (72' proposed)
SETBACK CERTIFICATION IS REQUIRED. LICENSED IVIL ENGINEER
SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATIONLL
E SUBMITTED TO THECITY'S BUILDING FI I L FOR REVIEWAND
APPROVAL PI TO THE POURINGFFOUNDATIONS.
LOT COVERAGE CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER V Y LL PREPARE THE CERTIFICATION.
CERTIFICATION SHLL BE SUBMITTED TO THE CITYSBUILDING FFICI L
FOR REVIEWAPPROVAL PRIOR TO THE FINAL OF BUILDING PERMITS.
19. The maximum building height shall not exceed 22.59', as measured from the lowest
elevation on the finished grade (100.83') to the ridge (123.42').
BUILDING EI T CERTIFICATION IS E I E . A LICENSED CIVIL
ENGINEER OR Sl1 VEY SHALL PREPARE THE CERTIFICATION.
CERTIFICATION H LL BE SUBMITTED TO THE CITY'SBUILDING F ICI L
FOR REVIEW P V L PRIOR TO ROOF FRAMING/SHEETING
INSPECTION.
20. A foliage analysis conducted by Staff on September 20, 2006 revealed no existing
foliage that significantly impairs the protected view from any surrounding properties.
21. The two bathroom windows proposed on the east side of the second-story
construction shall be opaque/translucent material.
Minor Grading Permit
22. The approval of a Minor Grading Permit is for 50 cubic yards of grading for the
lowering of the existing building pad, consisting of 50 CY of cut and 0 cubic yards of
fill. The maximum depth of cut shall not exceed V-6". The proposed 50 cubic yards
of grading shall be exported off the subject site.
Persuant to the tract conditions, grading amount is limited to 50 cubic yards, inside
of the Building/Grading Restriction line (between the BGR line and the front property
line). The height/depth of fill/cut is restricted to 5' or less. Grading is further
prohibited in the area outside the BGR line on slopes greater than 10%.
REVISED GRADING L TI THIS CONDITION LL BE SUBMITTED
FOR THE REVIEW AND APPROVAL BY THE DIRECTORF PLANNING,
BUILDING AND CODE ENFORCEMENT I TO THE SUBMISSIONOF
PLANS TO BUILDINGSAFETY DIVISION.
P.C. Resolution No. 2006-62
Conditions of Approval
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