PC RES 2008-016 r
P.C. RESOLUTION NO. 2008-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO ALOS VE DES APPROVING A HEIGHT VARIATION AND
SITE PLAN REVIEW (ZON2006-00563) T CONSTRUCT A 1,307FT2
ADDITION T THE1 T AND 2ND FLOOR OF AN EXISTING 2-STORY
RESIDENCE, DEMOLISH AN EXISTING 648.11 FT2 GAZEBO A
CONSTRUCT A NEW 325FT2 ACCESSORY STRUCTURE AS A
REPLACEMENT, LOCATED T 6930 HEDGEWOOD DRIVE.
WHEREAS, on October 19, 2006, the applicant submitted an application for a Height
Variation and Site Plan Review (Case No. ZON2006-00563), a request to construct an 1,156ft2
addition to the 1s' and 2nd floor of an existing 2-story residence, demolish an existing 648.11ft2
gazebo and construct a new 312ft2 accessory structure as a replacement; and,
WHEREAS, on December 12, 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 noticed issued on December 12, 2007 pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on January 22, 2008, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, at the request of the property owner, on January 22, 2008 the Planning
Commission continued the public hearing to March 11, 2008 to allow additional time for the
applicants to address the Planning Commission's concerns during the meeting; and,
WHEREAS, on March 11, 2008, the Planning Commission granted the applicant's
request for additional time to work on her project and continued the public hearing to March 25,
2008; and,
WHEREAS, at the request of the property owner, on March 25, 2008, the Planning
Commission continued the public hearing to April 22, 2008 to allow the applicants more time to
redesign their project.
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 an 1,307ft2 addition
to the 1s` and 2nd floor of an existing 2-story residence, demolition of an existing 648.11ft2
gazebo and the construction of a new 325ft2 accessory structure as a replacement; and,
P.C. Resolution No. 2008-16
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Section 2: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city by obtaining 27% of the
signatures within a 500' radius and 75% of the signatures within a 100' 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. There is no public
property near the subject property which has been identified in the city's general plan/coastal
specific plan, as city designated viewing areas.
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
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 due to the existing
topography. Specifically, the Hedgewood roadway slopes down from east to west direction.
The properties located to the west of the proposed project are at higher elevation and their
views are blocked by the immediate abutting residences.
Section 6: That the Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application because as stated in Section 5,
there is no significant view impairment caused by the proposed project.
Section 7: That the Height Variation is warranted since the proposed additions
comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes
Municipal Code. The proposed habitable space addition meets all of the code requirements
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. Specifically, the proposed design
incorporates a large second floor setback from the first floor front fagade and a moderate
second floor setback from the first floor side fagade to ensure a less bulky and massive
appearing structure from the neighboring properties and public right-of-way. Further, the
architectural style, color, and building materials will match the existing, and reduction in open
space and rear setback is minimal. Additionally, the non-conforming gazebo will be demolished
and a smaller code-compliant accessory structure will be constructed as a replacement. Based
on the analysis of the area, it is found that the proposed resulting structure is consistent with the
immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof
design, scale, orientation, setbacks, open space, texture, color, and building materials.
Section 9: 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. Specifically, the proposed windows on the
second floor will not afford the applicants a view of the abutting easterly neighbor's rear yard.
Although the windows may look into the easterly neighbor's bedrooms along the side fagade,
given the variety and number of options which are available to preserve indoor privacy, greater
weight generally will be given to protecting outdoor privacy than to protecting indoor privacy.
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Additionally, since the southerly neighbor's yard is already visible from the existing 2nd floor
windows, the proposed second floor addition will not create additional adverse privacy impacts
anymore than what currently exists.
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, May 7,
2008. A $1344.00 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 May 7, 2008.
Section 11: 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 (Case No. ZON2006-00563) to
allow for the construction of an 1,307ft2 addition to the 1" and 2nd floor of an existing 2-story
residence, demolition of an existing 648.11ft2 gazebo and the construction of a new 325ft2
accessory structure as a replacement; 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 22"d day of April 2008, by the following vote:
AYES: fonmissioner Gerstner, Knight, Tetreault, Tomblin, Chairman Perestam
NOES: Commissioner Rnttenberg, Vice Chairman Lewis
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
Stepheff Perestam,
Chairman
Joel of s, AICD
Dir for of Plannin uilding
anC9de Enforcement; and,
Se ary of the Planning Commission
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Exhibit "A"
Conditions of Approval
Case No. O 006-00563 (Height Variation and Site Plan Review)
6930 Hedgewood [give
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 allow the construction of an 1,307ft2 addition
(525ft2 1St floor & 782.17ft2 2nd floor) to an existing 2-story residence, demolition of an
existing gazebo and the construction of a new 325ft2 (130ft2 enclosed sauna and
bathroom & 195ft2 patio cover with a barbeque and seating counter) accessory structure
as a replacement.
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. The height of
the accessory structure shall not exceed 12', 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, 15' street side and 5' interior side. SETBACK 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 THE POURING OF
FOUNDATIONS.
13. The approved project shall maintain 49.8%, but in no case shall exceed 50% maximum
lot coverage.
14. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall obtain any applicable
approvals/permits from the Public Works Department pertaining to any proposed
dumpster used for construction purposes and located within the public right-of-way.
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