PC RES 2007-036 P.C. RESOLUTION . 2007- 36
RESOLUTION F THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOSERDES CONDITIONALLY
APPROVING HEIGHT VARIATION & SITE PLAN REVIEW,
(PLANNING CASE NO. Z N2007-00044) FOR THE
CONSTRUCTION F A 2.47.5 SQUARE F T ADDITION AT
THE REARF THE EXISTING FIRST FLOOR,A 125 SQUARE
FOOT ADDITION ATT E REAR OF THE EXISTING SECOND
FLOOR, A 150.5 SQUARE FOOT SECOND-FLOOR ROOF
EC LC NY T THE REAR OFT E RESIDENCE WITH
135 SQUARE FOOT COVERED PATIOBENEATH, LOCATED
T 28839 TRAILRIDERS DRIVE.
WHEREAS, on January 26, 2007, the property owner, Joanie Hutchison, submitted
applications for Planning Case No. ZON2007-00044 for a Height Variation and Site Plan
Review to allow a two-story addition to the rear of the existing two-story residence on Trailriders
Drive. On January 31, 2007, Staff completed the initial review of the application, at which time
the application was deemed incomplete due to missing information on the project plans; and,
WHEREAS, on April 6, 2007, the application for Planning Case No. ZON2007-00044
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 or Site
Plan Review would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt (Section 15301(e)(2)); 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
May 8, 2007, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Site Plan Review for the first-floor addition, the 135 square foot trellis
covered patio, and the 150.5 square foot balcony/roof deck is approved because they comply
with the required residential setback standards, lot coverage and the maximum allowable
heights as presented in the Development Code for the RS-4 zoning district.
Section 2e The Height Variation to allow the construction of a 247.5 square foot
addition at the rear of the existing first-floor and the construction of a 125 square foot addition at
the rear of the existing second-floor addition is warranted becuase:
A. The applicant has complied with the Early Neighbor Consultation process established by
the City by obtaining property owners' acknowledgement signatures from 38.6% of the
property owners within a 500-foot radius of the subject property and 90%of the property
owners within a 100-foot radius of the subject property.
S. The proposed two-story residence that exceeds 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 Plan,as City-designated viewing areas. Specifically, due to the location
of the property and the topography in the immediate area, the proposed structure is not
visible from the a public viewing area or viewing site, as defined by the General Plan.
C. The proposed two-story residence that exceeds sixteen feet in height is not located on a
ridge or promontory. The subject property is located within a fully developed single-
family residential neighborhood, on an existing pad lot.The residence is not located on a
ridge or a promontory, as defined in the Municipal Code.
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 due to the location of the addition and existing views that are oriented in
a westward direction.
E. 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 (b)
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.
Due to the location of the two-story addition relative to the existing two-story residence
and the existing physical development in the area, portions of the structure that exceed
16'-0" in height do not create view impairment and do not contribute towards cumulative
view impairment.
F. 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.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.The
square footage, proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The Neo-Colonial Revival style of the existing residence would
maintain the architectural style of other two-story residences found within the immediate
neighborhood.
H. 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 as no
windows are proposed along the north side facade. As conditioned, the property owner
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will be required to maintain the existing trees and shrubs along the north side property
line at a maximum height of 16'-0" in order to mitigate any potential privacy impacts that
would occur from standing on the new roof deck/balcony. As such, the proposed roof
deck/balcony would not result in an unreasonable infringement of privacy of the
occupants of abutting residences.
Section 4: 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 May 8,
2007, the date of the Planning Commission's final action.
Section 5: 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 and Site Plan Review (Planning Case No. ZON2007-00044)for the construction of a
new two-story addition at the rear of the existing two-story residence, a 150.5 square foot
second floor balcony/roof deck, and a 135 square foot first-floor trellis that extends beyond the
balcony/roof deck, located at 28839 Trailriders Drive,subject to the conditions of approval in the
attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 8t" day of May 2007, by the following vote:
AYES: Commissioners Knight, Lewis, Ruttenberg, Tetreault, Viae Chair Perestam
NOES: None
ABSTENTIONS: Ione
ABSENT: Commissioner Karp Chairman Gerstner
° Bill erstner
Chairman
JoelU00ri
, Alcp
Direc Plann , Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-36
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EXHI IT ® '
CONDITIONS IF APPROVAL FOR
PLANNING C.A►SII 200700044
(Hutchison, 28839 Trailriders rive)
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 listed below. 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 rights-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 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.
5. 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.
6. 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 one year of the final effective date of the Notice of Decision,
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.
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
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effective date of the Notice of Decision.
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 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.
11. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (35% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet (17'-6"existing legal, non-conforming)
Side 5 feet (5'-0"proposed for the north side yard & 9'-0"proposed
for the south side yard)
Rear . 95 feet (73'-6"existing and proposed)
12. Any future improvements to the legal, non-conforming entry porch with a front setback
measuring 17'-6" shall be subject to Section 17.84.060 of the Municipal Code
(Nonconformities).
13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
14. A minimum 2-car garage shall be provided, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9 feet in
width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
15. 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.
16. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
17. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
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City's Building Official. Said portable bathrooms shall be subject to the approval of the
City's Building Official and shall be placed in a location that will minimize disturbance to
the surrounding property owners.
18. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to the commencement of construction.
Height Variation Conditions:
19. This approval is for the construction of a 247.5 square foot addition at the rear of the
first-floor and a 125 square foot addition at the rear of the second floor. The new rear
yard addition would also include a 150.5 square foot second-floor balcony/roof deck and
a 135 square foot trellis covered patio at the rear of the first floor.
20. The residence shall maintain a maximum height of 23'-0", as measured from the lowest
finished grade adjacent to the building foundation/slab (elev. 100.19') to the highest
ridgeline of the residence (elev. 123.20'), and 24'-4Y2", as measured from the highest
elevation of the existing building pad covered by the structure (elev. 100.82') to the
highest ridgeline of the residence(elev. 123.20'). BUILDING HEIGHT CERTIFICATION
IS REQUIRED. LICENSED CIVIL ENGINEER OR SURVEYORSHALL. PREPARE
THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S
BUILDING FFM L FOR REVIEWD APPROVAL PRIOR T ROOF
FRAMING/SHEETING INSPECTION.
21. The property owner shall maintain trees and shrubs along the north side property line to
a maximum height to be determined by the Director of Planning, Building and Code
Enforcement in order to mitigate potential privacy impacts onto the north neighboring
property. Moreover, any deciduous tree(s) that currently provide privacy to the north
neighboring property, shall be replaced with a non-deciduous tree of a size that will grow
to a height sufficient to provide privacy, as determined by the Director, within two (2)
years.
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