PC RES 2007-050 P.C. RESOLUTION NO. 2007-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALPALOS VERDEVERDES APPROVING HEIGHT VARIATION AND
SITE PLAN REVIEW (Z 200700138) TO CONSTUCT A 73FT2
FIRST AND SECOND STORY ADITIO TO THE REAR OF A
EXISTING d T Y RESIDENCE LOCATED AT 29105
DOVERRIDGE DRIVE.
WHEREAS, on March 23, 2007, the applicant submitted an application for a Height
Variation and Site Plan Review (Case No. ZON2007-00138), a request to construct a 739ft3
first and second story addition to the rear of an existing two-story residence; and,
WHEREAS, on June 5, 2007, the applications for Height Variation and Site Plan Review
were 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 Height Variation and Site Plan Review, will 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,
WHEREAS, after notice issued on June 6, 2007 pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on July 24, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the construction of a 739ft2 first and
second story addition to the rear of an existing two-story residence. The proposed structure
height is 23'-5"; as measured from the point where the lowest foundation or slab meets finished
grade, to the ridgeline or highest point of the structure.
Section : That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city by obtaining 61% of the
signatures within a 500' radius of the project site.
Section 3: That the Height Variation is warranted since the proposed addition that is
above 16' in height does not significantly impair a view from public property (i.e. 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, Hesse Park
and Hawthorne Boulevard are located southwest of the subject property. Since Hesse Park and
Hawthorne Boulevard are significantly lower in elevation than the subject parcel, the proposed
addition does not significantly impair a view from public property.
Section 4: That the Height Variation is warranted since the proposed additions are
not located on a ridge or a promontory. The subject property is located within a fully developed
P.C. Resolution No. 2007-50
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single-family residential tract that is not located on a ridge or a promontory, as defined in the
Development Code.
Section 5: That the Height Variation is warranted since the proposed addition to the
existing structure that is above 16' in height, when considered exclusive of existing foliage, does
not significantly impair a view from the viewing area of another parcel. The only resident whose
view could be impacted by the project is 6403 Parklynn Drive. The subject property's by-right
height of 16' is above the horizon line as seen from the viewing area (living room) of 6403
Parklynn Drive. As such, the addition over 16' height would only obstruct the sky that is not a
protected view per the Development Code.
Section 6: That the Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. The proposed addition is a 9'
extension to the rear of the residence. The residences located on the south side of Parklynn
Drive have a lower building pad elevation than those on the north side. Additionally, Parklynn
Drive slopes down from east to west direction. As such, due to the difference in the building
pad elevation, if the properties on the south side of Parklynn Drive were to propose a similar
addition as the subject property, it would not significantly impair a view from the properties
located north of Parklynn Drive.
Section 7: That the Height Variation is warranted since the proposed addition meets
all of the code requirements in Title 17 including, but not limited to setbacks, lot coverage,
height, and enclosed parking.
Section 8: That the Height Variation is warranted since the proposed additions are
compatible with the immediate neighborhood character. The proposed addition will match the
existing residence in regards to architectural style, roof design, texture, color and building
materials. Additionally, based on the analysis of the area, it is found that the proposed resulting
structure is consistent with the immediate neighborhood in regards to mass and bulk, number of
stories, scale, orientation, setbacks and open space.
Section : That the Height Variation is warranted since the addition to the existing
structure that is above 16' in height does not result in an unreasonable infringement of the
privacy of the occupants of abutting residences. The westerly property at 6442 Parklynn Drive
abuts the subject property's rear property line. Since there are 4 windows that currently exist on
the second floor of the subject property that face west and there would be approximately 97'
between the existing rear fagade of the neighbor and the proposed rear facade of the subject
property; the proposed windows facing west would not cause unreasonable infringement of the
privacy of the occupants of the westerly neighbor.
Additionally, the southerly property at 29113 Doverridge Drive abuts the subject property's
interior side property line. The small south facing window proposed near the corner of the
master bedroom may cause the applicants to see into the neighbor's rear yard. Therefore, as
conditioned, the master bedroom's south facing window (near corner) shall be fixed and
opaque.
Section 10: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, August 8,
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2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 PM on August 8, 2007.
Section 11: The time within which the judicial review of the decision reflected in this
resolution, if available, must be sought is governed by Section 1094.6 of the California Code of
Civil Procedure.
Section 1 : For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Height Variation and Site Plan Review to allow for the construction of a
739ft2 first and second story addition to the rear of an existing two-story residence (Case No.
ZON2007-00138); 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 24th day of July 2007, by the following vote:
AYES: Commissioners Karp, Lewis, Ruttenberg, Vice Chairman Peres
Chairman Gerstner
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners ssioners igbt, Tetreault
Bill Gerstner,
Chairman
Joef R jas, App
Dirdctclr of PlAdhing, Building
and ode Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2007_�5o
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Exhibit
"di"
Conditions of
Approval
Case No. ZN2007-00138 (Height Variation and Site FlanReview)
29105 Doverridge Drive
General
1. Approval of this Height Variation and Site Plan Review 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.
2. The approval shall become null and void after 1 year from the date of 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.
3. 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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. 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. Trucks and other construction vehicles
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 above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
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9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Height Variation and Site Plan Review
10. This Height Variation and Site Plan Review allows the construction of a 739ft2 first and
second story addition to the rear of an existing two-story residence.
11. The height of the additions shall not exceed the measurements shown on the stamped
plans, approved by the Planning Department. The maximum height of the additions
shall not exceed 23'-5", as measured from the point where the lowest foundation or slab
meets the finished grade, to the ridgeline or highest point of the structure. 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.
12. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 15'
rear, and 5' sides.
13. The master bedroom window (near the corner)facing south shall be fixed and opaque.
14. The approved project shall maintain 37%, but in no case shall exceed 50% maximum lot
coverage.
15. The street side hedge (Yucca, Melaleuca and Twisted Juniper) shall be trimmed and
maintained at a height not to exceed 42" prior to Building Permit issuance.
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