PC RES 2008-041 P.C. RESOLUTION NO. 2008-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO P L S VE DES APPROVING A HEIGHT VARIATION AN
SITE PLAN REVIEW APPLICATION TO CONSTRUCT NEW
TWO-
STORY 4,185T2 RESIDENCE WITH AN ATTACHED 468FT2 GARAGE
N A VACANT LOT (27000 FREED T—Z 200700472)
WHEREAS, on September 26, 2007, the applicant submitted a Height Variation and Site
Plan Review application, requesting to construct a new 25'-11" tall 5,614.02ft2 (2966.13ft2 first
floor& 2,647.89ft2 second floor) residence with a 661.04ft2 attached garage on a vacant lot; and,
WHEREAS, on October 24, 2007, staff deemed the Height Variation and Site Plan
Review application complete; 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), the Planning Commission 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 3 (Section 15303); and,
WHEREAS, a public notice was published in the Palos Verdes Peninsula /News on June
19, 2008 pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the proposed project was originally scheduled to be heard by the Planning
Commission on July 22, 2008. However, due to the lateness of the hour, the Planning
Commission continued this item to August 12, 2008, without discussion; and,
WHEREAS, on August 12, 2008, the Planning Commission granted the property owner's
request to continue the public hearing to September 23, 2008, allowing additional time to revise
the proposed project; and,
WHEREAS, on September 9, 2008, the applicant submitted revised plans with design
modifications including a reduction in size (from 6,275.04ft2 to 5,395ftz) and a decrease in
overall height (from 25-11"to 24'-4") to address staff's bulk and mass concerns; and,
WHEREAS, on September 23, 2008, the Planning Commission continued this item
without discussion to October 9, 2008 public hearing, since there was insufficient time to
consider this item; and,
WHEREAS, on October 9, 2008, the Planning Commission continued the meeting to
October 30, 2008 to allow the applicants additional time to revise the plans and address the
concerns raised during the meeting; and,
WHEREAS, on October 30, 2008, the Planning Commission held a public hearing, 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:
P.C. Resolution No. 2008-41
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Section 1: That the proposed project is a request to construct a new two story
4,185ft2 residence with an attached 468ft2 garage on a vacant lot. The proposed building height
is 24'-4", as measured from the point where the lowest foundation or slab 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. The applicant collected a
total of 21 (30%) landowner signatures within the 500' radius, of which 6 (100%) are within the
100' radius.
Section 3e That the Height Variation is warranted since the area of a proposed new
structure that is above 16' in height does not significantly impair a view from public property
which has been identified in the city's general plan or coastal specific plan, as city-designated
viewing areas. There is no public property within close proximity to the project site.
Section 4: That the Height Variation is warranted because the proposed new
structure is not located on a ridge or promontory, as defined in the Development Code.
Section 5: That the Height Variation is warranted since the area 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 subject property has a building pad with a higher
building pad elevation than the neighboring properties and a structure at a "by-right" height of
16' would entirely eliminate any views across this property.
Section 7: That 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 16' 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 16' in height. Since there is no significant view impairment caused by
the proposed project over 16' in height, there is no significant cumulative view impairment
caused by granting the application.
Section 8: That the Height Variation is warranted since the proposed structure
complies with all other code requirements. The proposed construction meets all of the code
requirements including, but not limited to setbacks, lot coverage, height, and enclosed parking.
Section 9: That the Height Variation is warranted since the proposed new structure
is compatible with the immediate neighborhood character. The setbacks, orientation,
architectural style, roof design, texture, color and building materials of the new residence are
consistent with what exists in the immediate neighborhood. Additionally, due to design features
that include various setbacks, articulation, multiple roof planes, extended roof eaves and the
use of mixed building materials, the proposed residence does not appear to be massive or
bulky. Furthermore, the applicant has voluntarily lowered the overall roof height by V-6" to
minimize the overall scale of the proposed residence even further.
Section 10d That the Height Variation is warranted since as conditioned, the proposed
new 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 new structure
footprint extends beyond the footprint of the abutting homes and there are three windows that
may cause adverse privacy impacts to the abutting neighbors. More specifically, one of the
P.C. Resolution No. 2008-41
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windows located in Bedroom 1 on the west fagade near the rear corner, faces the home located
at 27003 Freeport Road; and two windows located in Bedroom 2 on the east facade, faces the
home located at 27006 Freeport Road. While these windows would allow the occupants to look
into both abutting neighbor's rear yard, all three windows shall be fixed opaque windows, as
conditioned in Exhibit 'A' to prevent any unreasonable privacy infringement. As such, as
conditioned, there will be no unreasonable infringement of privacy.
Section 11: 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 Thursday, November
13, 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 November 13, 2008.
Section 12: For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Height Variation and Site Plan Review application (Case No. ZON2007-
00472).
PASSED, APPROVED AND ADOPTED this 30'" day of October 2008, by the following vote:
AYES: Commissioner Gerstner, Ruttenberg, Tomblin, Chairman Perestam
NOES: Commissioner ght', Tetreault, Vice Chairman Le st,^ -
RECUSALS: None
ABSTENTIONS: None
ABSENT: None
Stephen Perestam,
Chairman
oel Rojas, AICP
irecto of Plannig, ilding
nd C e Enforce ent; and,
SbcLefary of the Planning Commission
P.C. Resoliltion'1:N&.,.2008-41
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EXHI IT'A'
CONDITIONS APPROVAL FOR
27000 FREEPORT ROAD (CASE NO. ZO 2007-000472)
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 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.
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.
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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
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 52% lot coverage (34% proposed) and the following
setbacks from the applicable property lines:
Front 20' (21'-2" proposed)
Interior Side 5' (5' proposed)
Rear 15' (±45' proposed)
Roof eaves may project into required setbacks not more than 6 inches per foot of the
required setback.
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. 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.
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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.
Project Specific Conditions:
18. This approval allows a new two-story residence:
a. The construction of a 2,650ft2 first floor, 1,535ft2 second floor, 468ft2 garage and a
400ft2 balcony on the second floor to the rear.
b. The maximum overall height shall not exceed 24'-6", as measured from the point
where the lowest foundation or slab meets the finished grade, to the existing
ridgeline of the structure; and 16', as measured from the highest existing grade from
the ridgeline.
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.
c. The following windows shall be fixed and of opaque/translucent or other similar
material:
i. One window on the west fagade near the rear corner in Bedroom 1 facing
27003 Freeport;
ii. Two windows on the east fagade in Bedroom 2 facing 27006 Freeport;
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