PC RES 2008-029 P.C. RESOLUTION NO. 2008-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VE DES APPROVING A HEIGHT VARIATION
( ON2007®00218) TO CONSTUCT A 471FT' FIRST AND SECOND
TORY ADDITION AND A 120T2 BALCONY TO AN EXISTING TWO-
STORY RESIDENCE LOCATED AT 28926 D VER IDGE DRIVE.
WHEREAS, on May 18, 2008, the applicant submitted an application for a Height
Variation (Case No. ZON2007-00218), a request to construct a 471ft3 first and second story
addition and a 120ft2 balcony to an existing two-story residence; and,
WHEREAS, on July 11, 2008, the applications for Height Variation 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), Planning Commission found no evidence that the Height Variation 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 July 16, 2008, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning. Commission held a duly noticed public
hearing on August 26, 2008, 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 106ft2 first story
addition and a 365ft2 second story addition to the rear of an existing two-story residence. The
proposed maximum height of the project is 23', as measured from the point where the lowest
foundation meets finished grade, to the ridgeline.
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 25% of the
signatures within a 500' radius and 80% 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. 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
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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 properties located
above the slope are at least 30' higher than the building pad level of the subject property and
therefore not affected by the proposed project. Properties located to the north, west and south
do not have a view across the proposed area of construction.
Section 6: 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 7: 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.
Additionally, although roof decks are not common to the existing neighborhood, the proposed
roof deck is compatible since it is proposed within the existing building footprint and would not
be readily visible from the public right-of-way or the neighboring properties.
Section 8: 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 subject property has 3 abutting neighbors,
located to the north, east and south. The northerly neighbor will not be affected since the
proposed addition is located on the south side of the residence as an extension to an existing
second floor. The easterly neighbor will not be affected since their building pad is significantly
higher than the subject property. The southerly neighbor's building pad is at least 10' lower than
the subject property. However, the terraced nature of the properties already allows the
occupants of the subject property to have a view of the southerly neighbor's property. As such,
the proposed second story addition and the proposed roof deck will not create any additional
privacy infringement than what is currently available.
Section 9: 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, September
10, 2008. A $1,344.00 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 September 10, 2008.
Section 10: 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 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 to allow for the construction of a 471ft2 first and second
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story addition and a 120ft2 balcony to an existing two-story residence (Case No. ZON2007-
00218); 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 26`" day of August 2008, by the following vote:
AYES: Commissioners Gerstner, Rtittenberg, Tetreault,Vice Chairman Lewis, and
Chairman Perestam
NOES: Commissioner Knight
ABSTENTIONS:
RECUSALS:
ABSENT: Commissioner Tomblin
Step eh n Perestam,
Chairman
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
28926 DOVERRIDGE 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 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 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 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 change to the project
shall require approval of a revision by the final body that approved the original project,
which may 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 is 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 one 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
requirements of another permitting agency or City department, the stricter standard 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
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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 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.
12. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (33% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet (28 feet proposed)
Side (N) 5 feet (9.5 feet proposed)
Side (S) 5 feet (9.5 feet proposed)
Rear 15 feet (52.5 feet proposed)
13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
14. 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.
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 grading, 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
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.
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Proiect Specific Conditions:
18. This Height Variation allows the construction of 106ft2 first story addition and a 365ft2
second story addition to the rear and a new 120ft2 roof deck to the southeast corner of
an existing two-story residence.
19. 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', 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.
20. The approved project shall maintain 33%, but in no case shall exceed 50% maximum lot
coverage.
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