PC RES 2010-015 P.C. RESOLUTION NO. 2010-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A REVISION TO A HEIGHT
VARIATION AND SITE PLAN REVIEW TO CONSTRUCT A 651 FT2
FIRST FLOOR, A 604FT2 SECOND FLOOR ADDITION, AND A 80FT2
COVERED PORCH TO AN EXISTING SINGLE-STORY RESIDENCE AT
5501 SHOREVIEW DRIVE (ZON2009-00495).
WHEREAS, on November 8, 2007, the applicant submitted a Height Variation, Grading
Permit and Site Plan Review application (Case No. ZON2007-00546), requesting to demolish
an existing single-story residence and conduct 475yd3 of grading to accommodate a new 26'
tall, 4,646ft2 two-story residence; and,
WHEREAS, on June 10, 2008, the Planning Commission continued the proposed
project to the July 8, 2008 meeting, in order to allow the applicant additional time to modify the
proposal to address concerns expressed by the Planning Commission; and,
WHEREAS, on July 8, 2008, the Planning Commission adopted P.C. Resolution No.
2008-25, approving Case No. ZON2007-00546, allowing the demolition of an existing residence
and the construction of a new 4,646ft2 two-story residence with 475yd3 of related grading; and,
WHEREAS, on December 23, 2009, the applicant submitted a revision to Case No.
ZON2007-00546, requesting a 651ft2 first floor, a 604ft2 second floor, and a 80ft2 covered patio,
resulting in a 3,624ft2 two-story structure. The overall structure height is proposed to be
reduced from the previously approved 23' to 21.75', and no grading is proposed as part of the
revised project; and,
WHEREAS, on January 5, 2010, staff deemed the application incomplete based on
missing information; and,
WHEREAS, the applicant submitted the remaining information and staff deemed the
application complete on April 5, 2010; and,
WHEREAS, on April 5, 2010, notice of the pending application was sent to all property
owners within 500' of the subject site an published in the Palos Verdes Peninsula News on April
8, 2010; 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 revision to a Height Variation
and Site Plan Review will not 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, on May 11, 2010, the Planning Commission held a public hearing, at which
time all interested parties were given an opportunity to be heard and present evidence.
P.C. Resolution 2010-15
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project is a request to construct a 651 ft2addition to the
first floor, a new 604ft2 second floor, and a 80ft2 covered porch to an existing single-story
residence. The total structure size of the revised project is 3,624ft2 and does not involve any
grading. Additionally, the overall height will be reduced from 23' to 21.75', as measured from
the point where the lowest foundation or slab meets the finished grade, to the existing ridgeline
of the structure.
Section 2: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city. Specifically, the applicant
collected a 44% of landowner signatures within the 500' radius and 71% within the 100' radius.
Section 3: That the Height Variation is warranted since the proposed addition to an
existing structure that is above 16' in height does not significantly impair a view from public
property has been identified in the city's general plan or coastal specific plan, as city-designated
viewing areas. Specifically, there is no public property within close proximity to the project site.
Section 4: That the Height Variation is warranted since the proposed new structure
is not located on a ridge or a promontory. Specifically, the subject property is located within a
fully developed single-family residential tract.
Section 5: That the Height Variation is warranted since the area of a proposed
addition to an 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.
Specifically, the properties to the south of the subject property with a higher building pad
elevation do not have any protected views from their residence.
Section 6: That the Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character. Specifically, the proposed residence
has garden windows, extended roof eaves, wooden trellis/porch and casement windows which
are consistent with design features found in other homes within the immediate neighborhood.
While a 12:12 roof pitch is proposed, since the over height is proposed to be further reduced
and the subject property is a flag lot that is not readily visible, the roof modification does not
cause a detriment to the neighborhood character.
Additionally, the subject property is a flag lot located at the end of a cul-de-sac. The "pole" or
the narrow driveway area that leads from the edge of the street to the building pad area is
approximately 1 00f in length. The proposed residence is tucked in at minimum 100' beyond the
edge of a cul-de-sac and will not be readily visible from the public right-of-way.
Also, the strategic location of the proposed two-story element prevents any towering and
shadowing affect onto the abutting property by preserving the "openness" of the abutting
neighbor's rear yard. Also, there is existing foliage along the side property lines between the
subject and abutting properties that functions as a privacy barrier.
Further, although the proposed residence will be the largest and the first 2-story structure in the
immediate neighborhood, due to the location of the structure and its design features, the
proposed project is compatible with the immediate neighborhood character.
P.C. Resolution 2010-15
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Section 7: That the Height Variation is warranted since the proposed addition to an
existing structure that is above 16' in height does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences. Specially, the windows along the northwest
side property line afford the occupants of the subject property a view of the abutting neighbor's
rooftop, and not directly into their rear yard.
Section 8: 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 26,
2010. A $2,255.00 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 26, 2010.
Section 9: 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 revision to a Height Variation and Site Plan Review application (Case No.
ZON2009-00495).
PASSED, APPROVED AND ADOPTED this 11th day of May 2010, by the following vote:
AYES: Commissioner Knight, Leon, Tetreault, Chairman Gerstner
NOES: Vice�Chairman. Tomblin
RECUSALS: Commissioner Lewis
ABSTENTIONS: None
ABSENT: Commissioner Emenhiser
tg44TI.L- JV1)/IQ
Bill Gerstner,
Chairman
.Joel Ronit
AICP
CommDevel p ent Director; and,
Secretf the Planning Commission
P.C. Resolution 2010-15
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EXHIBIT'A'
CONDITIONS OF APPROVAL FOR
5501 SHOREVIEW 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 may 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
P.C. Resolution 2010-15
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date of this Resolution.
10. 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.
11. 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.
12. 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.
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 T 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.
Proiect Specific Conditions:
19. This approval is for a 3,624ft2, two-story residence, which includes a 651ft2 addition to
the first floor, a 604ft2 new second floor, and a 80ft2 covered porch.
20. The maximum, ridgeline of the approved project is 21'-9", as measured from the point
where the lowest foundation or slab meets the finished grade, to the existing ridgeline of
the structure. BUILDING HEIGHT CERTIFICATION IS REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to roof sheathing inspection.
P.C. Resolution 2010-15
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21. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 52% lot coverage (40.7% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet (37.5 feet proposed)
Side (NW) 5 feet (5 feet proposed)
Side (SE) 5 feet (5 feet proposed)
Rear 15 feet (24.5 feet proposed)
P.C. Resolution 2010-15
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