PC RES 2008-010 P.C. RESOLUTION NO. 2 -1
RESOLUTION F THE PLANNING COMMISSION THE
CITY OF RANCHO PALPALOS V R ESCONDITIONALLY
APPROVING A HEIGHT VARIATION (PLANNING CASE
® N20 7-00406), FOR THE DEMOLITION F THE
EXISTING SINGLE® TO ESIDENC AND THE
CONSTRUCTION A NEW 2,633 SQUARE FOOT
SINGLE-
T Y RESIDENCE AND A 665 SQUARE FOOT
DETACHED GARAGELOCATED AT 1872 HOMEWORTH.
WHEREAS, on August 24, 2007, the property owner, (Vick Rugnetta, submitted
applications for Planning Case No. ZON2007-00406 for a Height Variation to allow the
demolition of the existing 1-story residence and the construction of a new 1-story residence
on a pad lot on Homeworth Drive. On August 30, 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 the need for a geotechnical report; and,
WHEREAS, on January 14, 2008, the application for Planning Case
No. ZON2007-00406 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 15303(a)); 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 February 26, 2008, 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 Planning Commission makes the following findings of fact with
respect to the application for a Height Variation to allow the construction of a new 2,633
square-foot one-story single-family residence and a 665 square foot detached garage on
the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 25.7% of the property owners within 500 feet and 73.3% of the property
owners within 100 feet of the subject property.
B. The Height Variation is warranted since the proposed residence which 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 due to the location of
the property and the topography in the immediate area.
C. The Height Variation is warranted since the proposed one-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 tract 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 topography, surrounding land uses and location of
the new residence. Specifically, the residence would maintain a single-story
configuration and surrounding residences to the east enjoy views above the
proposed ridgeline of the new residence.
E. The Height Variation is warranted since 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 topography and physical development in the area portions of 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 setbacks,
and 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.
Specifically, the square footage, proposed lot coverage and setbacks are consistent
with those of the surrounding properties.Additionally, the proposed architecture can
be found in the immediate neighborhood while the articulated design elements
would minimize the bulk and mass of the new residence.
H. The Height Variation is warranted since the addition to the existing structure that is
above sixteen feet does not result in an unreasonable infringement of the privacy of
P.C. Resolution No. 2008-10
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the occupants of abutting residences due to the single-story configuration of the
neve residence. Furthermore, the majority of the neve residence would be within the
"by-right" 16'/20' building envelope.
Section 3: 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 February 26, 208, the date of the Planning Commission's final action.
Section 4: 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 (Planning Case No. ZON2007-00406)for the construction of a new 2,633 square
foot single-story residence with a 665 square foot detached garage, located at 1872
Homeworth Drive, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 26th day of February 2008, by the following
vote:
AYES: Commissioners Knight, Ruttenberg, Tetrault, Tomblin, Vice Chair Perestam,
Chairman Gerstner
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Lewis
V/(
Bill Gerstner
Chairman
Joel Kojad, AICP
Direfor Planni uilding
and o Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2008-10
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2007-00406
(Rugnefta, 1872 Howorth Drive)
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.
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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
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 (42.6% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (20'-0"proposed)
Side 5 feet (5'-0"proposed for the north side yard to the garage,
10'-0"for the north side yard to the new residence &
5=O"proposed for the south side yard)
Rear 15 feet (15'-0"proposed to the detached garage)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. 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.
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 landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
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16. 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 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.
17. 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:
18. This approval is for the demolition of a single-story residence and the construction
of a new single-story residence. The new residence would be 2,633 square feet and
the new detached garage would be 665 square feet. BUILDING AREA
CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR
SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE
SUBMITTED TO THE CITY'S UL IN OFFICIAL FOR REVIEW AND
APPROVAL PRIOR TO BULNG PERMIT FINAL.
19. The new residence shall maintain a maximum height of 21'-0", as measured from
the lowest finished grade (elevation 98.02') adjacent to the foundation/slab to the
highest ridgeline of the residence (elevation 119.02'); and 19'-93/" in height, as
measured from the highest elevation of building pad (elevation 99.21) covered by
structure to the highest ridgeline of the residence (elevation 119.02') 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.
P.C. Resolution No. 2008-10
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