PC RES 2007-005 P.C. RESOLUTION NO. 2007-05
A RESOLUTION OF THE PLANNING ISSI F THE CITY OF
RANCHO PALPALOS VERDES APPROVING, WITH CONDITIONS, H I FIT
VARIATION PERMIT (CASE NO. Z 2 6- 410) FOR PROPERTY
LOCATED T 8 TOPRAILL
WHEREAS, on August 1, 2006, the applicant submitted Case No. ZON2006-00410,
a Height Variation application for a 1,215 square foot one-story addition to an existing one-
story residence at 8 Toprail Lane; and,
WHEREAS, on August 29, 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 5, 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. ZON2006-00410 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 an 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 HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The applicant obtained acknowledgement signatures from 87%of the
property owners within 100-feet of the subject property and 39% of the property owners
within 500-feet of the subject property, who have reviewed the plans prior to filing the
application with the City.
Section 22: 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.
Resolution No. 2007-05
Page 1 of 3
Section 3: The existing vacant parcel is not a ridge or a promontory since a ridge
is defined as an elongated crest or linear series of crests of hills, bluffs, or highlands, while
a promontory is defined as a prominent mass of land, large enough to support development
which overlooks or projects onto a lowland or body of water on at least two sides. The
project site is situated on the east side of Toprail Lane, which slopes down in a northerly
manner. Typically, the residences along the east side of the subject street are situated
below the street grade and slope with and from the street.
Section ® 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 views in the area are primarily to the east overlooking
the Long Beach Harbor and city lights. The portion of the proposed one-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 on the same side of the street as the
project since views from these residences are not oriented towards the subject site.
Moreover, views from the homes on the west (opposite) side of the street are not impaired
since the pads on these lots are situated at least 25' higher than the pads on the east side
of the street.
Section 55: Inasmuch as the proposed second-story does not create view
impairment, there is no expectation of significant cumulative view impairment as the result.
Section 6® The proposed structure complies with all other Code requirements in
that all the development standards of the RS-2 Zoning District are met and the minimum
setback requirements are exceeded.
Section 7e 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 (4,394 square feet) is found within the immediate neighborhood range
of 1,864 square feet to 5,298 square feet; the proposed lot coverage will not exceed the
40% limitation; and the residence will be constructed using similar materials found in the
immediate neighborhood, thereby maintaining the neighborhood character. Finally, the
proposed setback distances to the corresponding property lines are comparable to the
residences in the vicinity of the subject property.
Section 8® The proposed project will not create an infringement upon privacy of
neighboring properties. The proposed master bedroom on the eastern end of the addition
protrudes further out than the existing residence. This portion of the addition contains two
windows that will look directly into the rear yard of a neighboring property at 6 Toprail Lane,
thereby exacerbating the lack of privacy between the two properties. To mitigate the
privacy impact on 6 Toprail Lane, the master bedroom windows will be fixed and consist of
opaque/translucent window material.
P.C. Resolution No. 2007-05
Page 2
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 Case No. ZON2006-
00410 for a Height Variation Permit, thereby allowing for a 1,215 square foot one-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 1 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 5:30 P.M. on
February 7, 2007.
PASSED, APPROVED, AND ADOPTED this 23 d day of January 2007, by the following
vote:
AYES: Lewis, Karp, Gerstner, Knight
NOES: Ruttenberg, Perestam
ABSTENTIONS: None
ABSENT: Tetreault
ra
Knignnin Commission Chairman
Joelof s, AicP
Dire or f Planning, Building and
Code nforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2007-05
Page 3
EXHIBIT 66 79
CONDITIONS APPROVAL
CASE NO. N200 -0041
(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 Height Variation
Permit 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 1 year 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
P.C. Resolution No. 2007-05
Conditions of Approval
1
requirements of another City department, the stricter standards shall apply.
9. 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.
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 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.
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 an 1,170 square foot one-story addition to
the existing one-story single-family residence.
18. Unless modified by the approval of future planning applications, the approved
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Conditions of Approval
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project shall maintain a maximum 40% lot coverage (24% proposed) and the
following setbacks from the applicable property lines:
Front 20' (18' existing. No change proposed)
North Side 5' (13' existing. 5' proposed)
South Side 5' (0.95' existing. No change proposed)
Rear 15' (143.38' existing. No change proposed)
SETBACKTIFICTI IS REQUIRED. A LICENSED CIVIL ENGINEER OR
SURVEYOR H LL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
BE SUBMITTED TO THE CITY'S BUILDINGFFM L FOR REVIEW
APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
19. The maximum building height shall not exceed 21.02', as measured from the lowest
elevation on the finished grade (497.02') to the ridge (518.04').
BUILDING HEIGHT TIFF TI IS REQUIRED. A LICENSED CIVIL
ENGINEER Y HALL PREPARE THE CERTIFICATION.
CERTIFICATION ALL BE SUBMITTEDTO THE CITY'S BUILDINGFFM L
FOR REVIEWAPPROVAL F I TO ROOF FRAMING/SHEETING
INSPECTION.
20. A foliage analysis conducted by Staff on September 7, 2006 revealed no existing
foliage that significantly impairs the protected view from any surrounding properties.
21. Five windows proposed along the east side of the proposed addition, specifically
two windows proposed for the master bedroom, two windows proposed for the
master bathroom, and one window proposed for the shower shall be of
translucent/opaque material. Furthermore, the aforementioned two master bedroom
window and the window near the bathtub in the master bathroom shall be fixed and
not openable.
22. The deck proposed on the east end of the master bedroom addition shall be
eliminated from the plans prior to Building and Safety plan check process.
P.C. Resolution No. 2007-05
Conditions of Approval
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