PC RES 2011-009 P.C. RESOLUTION NO. 2011-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION (CASE NO. ZON2010-00416) TO CONSTRUCT A
23'-6" TALL, 867FT2 TWO-STORY ADDITION TO AN EXISTING TWO-
STORY RESIDENCE TO 26712 HAWKHURST DRIVE.
WHEREAS, on November 16, 2010, a Height Variation application (Case No. ZON2010-
00416)was submitted, requesting a two-story addition to an existing two-story residence; and,
WHEREAS, on December 3, 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 January 10, 2011; 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. ZON2010-00416 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 January 13, 2011
pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February
22, 2011, 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 grant a request to construct a 17ft2 addition for a bay
window to the first floor and a 850ft2 second floor addition over an existing garage to the front of
an existing two-story residence located at 26712 Hawkhurst Drive is warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the city by collecting 75% of the total number of landowners within 100' radius and
29% 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 which has been identified in the city's
general plan or coastal specific plan, as city-designated viewing areas, because
there are none that exist in close proximity of the subject site.
C. The proposed new structure is not located on a ridge or a promontory, as defined in
the Development Code.
P.C. Resolution No. 2011-09
Page 1
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, because all of the properties along the same
street are at the same elevation.
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, although the proposed structure size will remain the largest in the
neighborhood, it is designed in a manner that incorporates architectural features to
reduce its apparent bulk and mass. More specifically, the plate height will not be
taller than the existing, the entryway and second floor will be setback 3' from the
front facade, an extended roof eave will be placed above the garage between the 1St
and 2"d floor and design accents are added to create an articulated building that
appears smaller and in scale with the neighborhood. Additionally, since there are no
changes to the setbacks while the lot coverage is increasing minimally, the proposed
project is compatible with the neighborhood.
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 because the only areas that can be seen from the new second story
windows are the front yards and roof tops of neighboring properties.
Section 2: 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,
March 9, 2011. A $2,275.00 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 March 9, 2011.
Section 3: 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.
ZON2010-00416, for a request to construct a 23'-6" tall, 867ft2 two-story addition to an existing
two-story residence located at 26712 Hawkhurst Drive.
P.C. Resolution No. 2011-09
Page 2
PASSED, APPROVED AND ADOPTED this 22"d day of February 2011, by the following vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Vice Chairman Tetreault,
Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: C6inmissioners'.Leou,-.Lewis
David L. Tomblin,
Chairman
Joel RojICP
Commu ity evelopm t Director and
Secreta of the Planning Commission
P.C. Resolution No. 2011-09
Page 3
EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2010-00416 (26712 Hawkhurst 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 from the Director of Public Works.
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 Department 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.
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.
P.C. Resolution No. 2011-09
Page 4
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.
Project Specific Conditions:
14. This approval is for a 17ft2 addition for a bay window to the first floor and a 850ft2 second
floor addition over an existing garage.
15. The maximum ridgeline of the approved project is 129.5'. 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 106'.
16. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (40.7% proposed).
17. The approved residence shall maintain setbacks of 20' front, 15' rear and 5' sides.
18. 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.
P.C. Resolution No. 2011-09
Page 5