PC RES 2010-031 P.C. RESOLUTION NO. 2010-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION AND SITE PLAN REVIEW (CASE NO. ZON2010-
00044) TO CONSTRUCT A 24' TALL, 635FT2 TWO-STORY ADDITION
AND A BALCONY TO AN EXISTING SINGLE-STORY RESIDENCE.
WHEREAS, on February 2, 2010, a Height Variation and Site Plan Review application
(Case No. ZON2010-00044) was submitted, requesting to construct a 24' tall, 635ft2 two-story
addition and a balcony to an existing single-story residence; and,
WHEREAS, on February 15, 2010, the project was deemed incomplete based on
insufficient information; and,
WHEREAS, the property owner submitted additional information and the project was
deemed complete on August 30, 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 Case No. ZON2010-00044 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, a public notice was mailed to all property owners within a 500' radius
from the subject property and published in the Palos Verdes Peninsula News on September 2,
2010 pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on October 12,
2010, 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: A Height Variation to allow the construction of a new 24' tall, 635ft2 two-
story addition and a balcony to an existing single-family residence at 28820 Cedarbluff Drive
can be warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the city by collecting 70% of the total number of landowners within 100' radius and
25% of the total number of landowners within 500' radius of the subject property.
B. The proposed addition to an existing structure that is above 16' 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, as city-designated viewing areas, because there is no
public property within close proximity of the subject property.
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C. The proposed new structure is not located on a ridge or a promontory, as defined in
the Development Code.
D. 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. Since the properties along Cedarbluff are
generally at the same elevation and the remaining properties to the north and east
are at least 50' above the building pad elevation of the subject property, no views
would be impacted by the proposed project.
E. There is no significant cumulative view impairment caused by granting the
application because no view impairment is caused by the proposed project due to
the existing elevations of the surrounding properties.
F. The proposed structure complies with all other code requirements, including but not
limited to setbacks, lot coverage and parking.
G. The proposed structure is compatible with the immediate neighborhood character.
More specifically, the proposed 635ft2 addition is modest in size and will not appear
out of scale in the neighborhood because the lot coverage will remain relatively the
same and only the 486ft2 second floor above the existing garage will be visible due to
the configuration of the lot. Additionally, unlike the neighboring two-story homes that
are naturally bulky and massive in style, the proposed second story is only above the
existing garage area that is approximately half the width of the neighboring two-story
structures. Furthermore, while the neighboring two-story homes have flush fagades,
the proposed second story is set back 4'-8" from the existing garage footprint and
includes a balcony at the center to break up the front fagade. Furthermore, the
proposed 6.7' side yard setback is larger than the Code required minimum of 5' and
consistent with neighboring homes.
H. 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. More specifically, the only areas that would be visible from the proposed
second story are the roof tops and the front yards of abutting properties, which is
already visible from the public right-of-way.
Section 2: A Site Plan Review to allow the construction of a single-story storage
addition is warranted because it meets the minimum setback and height requirements of RS-4
zoning district. Additionally, the proposed project, including the storage element is compatible
with the neighborhood, as described in Section 1(G).
Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, 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,
October 27, 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 October 27, 2010.
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 approves, with conditions, Case No.
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ZON2010-00044, for a request to construct a 24' tall, 635ft2 two-story addition and a balcony to
an existing single-story residence located at 28820 Cedarbluff Drive.
PASSED, APPROVED AND ADOPTED this 12th day of October 2010, by the following vote:
AYES: Commissioner Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman
Tomblin, Chairman Gerstner
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
Bill Gerstne
Chairman
Joel Rotas, ICP
Commnity Develo ent Director and
Secret=f the Planning Commission
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EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2010-00172 (28820 Cedarbluff 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 conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit.
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 Community Development Director 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 Community Development Director 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. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. 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:
14. This approval is for the following:
■ An 108ft2 storage addition to the first floor;
■ A 41ft2 entry addition to the first floor;
■ A 38ft2 garage to habitable space conversion on the first floor;
■ An 11ft2 garage to elevator conversion on the first floor;
■ A 486ft2 second story addition, and
■ A 23ft2 balcony to the second story addition.
15. The maximum ridgeline of the approved project is 122.75'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer
prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED
FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil
engineer, showing the Finished Floor Elevation at 100'.
16. Unless modified by the approval of future planning applications, the approved project shall
maintain a maximum of 50% (19.5% proposed) lot coverage.
17. The approved residence shall maintain setbacks of 20' front (15.4' existing), 5' sides (105'
north side proposed & 8' south side existing) and 15' rear(1004 existing).
18. A minimum 2 enclosed parking spaces shall be provided and maintained in a garage and a
minimum of two unenclosed parking spaces shall be provided and maintained as a
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driveway. Each required parking space shall be individually accessible and maintain
minimum unobstructed dimensions of 9' in width, 20' in depth and 7' in height.
19. No more than 50% of any existing interior and exterior walls or existing square footage may
be removed or demolished. Residential buildings that are remodeled or renovated such that
50% or greater of any existing interior or exterior walls or existing square footage is
demolished or removed within a two-year period shall be considered a new residence and
shall then conform to all current development standards for that zoning district and the most
recently adopted version of the Uniform Building Code.
20. Based upon a foliage analysis conducted by staff, all pine trees in the rear yard shall be
trimmed down by 5' and shall be maintained as such so that the views from surrounding
properties are not significantly impaired.
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