PC RES 2007-006 P.C. RESOLUTION NO. 2007- 6
A RESOLUTION OF THE PLANNING I I F THE CITY OF
RANCHO PALPALOS VERDES DENYINGWITHOUT PREJUDICE, HEIGHT
VARIATION PE IT, GRADING PERMIT, AND VARIANCE (CASE NO.
06-004 1) FOR PROPERTY L T T 2160 VIA COLINITA
WHEREAS, on September 6, 2006, the applicant submitted Case No. ZON2006-
00481, a Height Variation, Grading, and Variance application to demolish the existing 661
square foot office building with expired nonconforming land use in a single-family residential
zoning district; a Height Variation to build in excess of the 16'/20' by-right height; a variance
to exceed the 26' height limit (26-2 '/" proposed); reduction on the west (side) setback to
0.75', where a 5' minimum distance is required; reduction of east(side)to 1.25', where a 5'
minimum distance is required; and a reduction of the front setback to 2', where a minimum
of 20' is required; an increase in lot coverage to 72%, where a maximum of 45% is allowed;
and the request to conduct 148 cubic yards of grading to accommodate the construction of
a subterranean garage; and,
WHEREAS, on October 4, 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 December 7, 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. ZON2006-00481 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Existing Facilities)since the project involves minor
alteration of existing private structure involving negligible or no expansion of use beyond
that existing at the time of the City's determination; 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
January 23, 2007, 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 HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed west side yard setback of 0.75', where a minimum of 5'
is required, and the proposed east side yard setback of 1.25', where a minimum of 5' is
required, and the proposed 2' front yard setback, where a minimum of 20' is required, and
Resolution No. 007-06
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the proposed 72% lot coverage, where a maximum of 45% is allowed, do not meet the
requirement prescribed for the single-family residential zoning district (RS-3).
Section 2. The proposed project is found to be incompatible with the characteristics
of the properties found in the immediate neighborhood and therefore, the Neighborhood
Compatibility Finding of the Height Variation Permit and Grading Permit cannot be approved.
Specifically, the proposed Mediterranean-style single-family residence with stucco finish and
flagstone veneer deviates from the ranch look of the properties in the immediate neighborhood.
Moreover,the balconies on the third-story portion of the residence on the south, east, and north
sides are not features commonly found in the vicinity of the subject site. The proposed project
does not contain open space which is proportionate in amount with the properties found in the
immediate neighborhood. The proposed project involves a three-story structure with all levels
of floor visible from the street of access and surrounding residences. The properties found in
the immediate neighborhood consist of one-and two-story residences. Further, the habitable
portions of the residence, i.e., the third- and the second-stories occupy the same amount of
building footprint, and as designed, the resulting appearance of the residence is massive.
Lastly,the incorporation of two chimneys whose heights exceed the minimum allowed pursuant
to the Uniform Building Code further exacerbates the appearance of the proposed bulky
structure.
Section
be above the by right building height envelope of 16720', 06 fOURd to
Q---M_�Ily' the POFtiOR of the proposed FesideRGe above the by Fight height of 16420' is found
WiRdow situated ----11,- south side ef the thiFd steFy of the subjeGt PrepeFty leRd V!E)W;----+-+h^
property at 4400 Miraleste DF* In accordance with Section 17.02.040.C.1.e.ix of the
Development Code,the proposed project shall not result in an unreasonable infringement of the
privacy of the occupants of abutting residences. Since the property at 4400 Miraleste Drive is
situated across the street of access (Via Colinita), the privacy impact may not be considered.
Section 4: The proposed improvements within the public right-of-way to
accommodate the construction of a driveway associated with the proposed project warranted a
review of the project by the City Traffic Engineer, who determined that as the street of access,
Via Colinita, is a busy thoroughfare in which the vehicular and pedestrian safety will be
adversely affected by cars trying to enter and back out of the proposed project due to the
proposed 10% grade of the driveway and short approach. The project will be materially
detrimental to the public welfare and the Variance cannot be approved.
Section 5m 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 denies the Case No.ZON2006-00481
for Height Variation, Grading, and Variance applications.
Section 6: 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
P.C. Resolution No. 2007-06
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the grounds of the appeal and with the appropriate appeal fee, no later than 5:30 P.M. on
February 7, 2007.
PASSED, APPROVED, AND ADOPTED this 23rd day of January 2007, by the following
vote:
AYES: Lewis, Ruttenberg, Karp, Gerstner, Knight, Perestam
NOES: None
ABSTENTIONS: None
ABSENT: Tetreault
Cim Knigl�
Plannin Commission Chairman
Joel R 'as AICP
Direct r of Planning, u' ing and
Code of rcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2007- 06
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