PC RES 2011-008 P.C. RESOLUTION NO. 2011-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND GRADING
PERMIT TO ALLOW THE CONSTRUCTION OF A 951
SQUARE FOOT TWO-STORY ADDITION, A 115 SQUARE
FOOT DECK AND 92 CUBIC YARDS OF GRADING
LOCATED AT 4 AVENIDA DE AZALEA(CASE NO ZON2010-
00144).
WHEREAS, on April 19, 2010, the property owners, Mr. and Mrs. Chin, submitted
applications for Planning Case No. ZON2010-00144 for a Height Variation and Grading
Permit to construct a 951 square foot addition on the property. On May 12, 2010, Staff
completed the initial review of the application, at which time the application was deemed
incomplete due to missing information on the project plans; and,
WHEREAS, on January 6, 2011, the application for Planning Case
No. ZON2010-00144 was 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), Staff found no evidence that the approval of the requested Height Variation
would have a significant effect on the environment and, therefore,the proposed project has
been found to be categorically exempt (Section 15303(e)(2)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, 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 DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a Height Variation to allow the construction of a 951 square
foot two-story addition:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 3 signatures from the properties within 100 feet (100%)
and 24 signatures from the property owners within 500 feet (42%) of the subject
property.
B. The Height Variation is warranted since the proposed two-story addition that
exceeds sixteen feet 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. Specifically, due to the location of the property and
the topography in the immediate area, the proposed structure is not visible from a
public viewing area or viewing site and will therefore, not impair a view.
C. The Height Variation is warranted since the proposed two-story addition that
exceeds sixteen feet in height is not located on a ridge or promontory. The subject
property is located within a fully developed single-family residential neighborhood,
on an existing pad lot. The residence is not located on a ridge or a promontory, as
defined in the Municipal Code.
D. The Height Variation is warranted because the proposed new addition that is above
sixteen feet in height, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. The proposed
project would not significantly impair the views from a majority of the surrounding
residences due to the extreme topography and location of the proposed addition
along the east side of the residence. The addition would not affect the properties to
the north or south due to the fact that views are oriented to the east. The project
would not significantly impair views from the viewing areas of the properties along
Paseo De Castana, however a view analysis was conducted from 22 Paseo De
Castana in response to a letter received. Due to the fact that the addition would only
impair a very minimal portion of the San Pedro Harbor (less than 1%), the view
impairment would not be considered significant. As such, the view impairment from
this property is less than significant.
F. The Height Variation is warranted because the residence has been designed in
such a manner as to reasonable minimize the impairment of view. The applicant
has designed the addition to follow the roofline of the existing residence to minimize
the appearance of the addition and blend the new fagade with the old fagade.
Further changes to the design of the project, such as reducing the height of the
addition, would not result in a demonstrative improvement of the view, as seen from
the primary view area of 22 Paseo De Castana.
.E. 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 sixteen feet in height or
addition to a structure that is above sixteen feet 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 sixteen feet in height. All
P.C. Resolution No. 2011-08
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four homes analyzed for the cumulative view impairment exist as two-story homes
and do not currently impair views of the San Pedro Harbor.
F. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-4 zoning district with respect to lot
coverage and setbacks, and the off-street parking requirements for single-family
residences.
G. The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.
The square footage, proposed lot coverage and setbacks are consistent with those
of the surrounding properties. The architectural style of the proposed residence
would maintain the architectural style found in the immediate neighborhood as well
as the existing residence by utilizing a stucco finish and tile roof materials, similar to
the materials used when the entire residential tract was originally constructed.
H. The Height Variation is warranted since the new addition and deck would not create
an unreasonable infringement of the privacy of the occupants of abutting
residences. The subject lot is located over 30 feet above the street(Crest Road with
other surrounding properties located 20-25 feet above the subject property to the
south west. Furthermore, privacy impacts are not created by the proposed addition
or deck due to the topography and orientation of the lots and surrounding
residences.
Section 2: The Planning Commission makes the following findings of fact with
respect to the Grading Permit can be approved because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential.The
proposed grading (92 cubic yards of grading) is necessary to accommodate the new
addition, whereby the roofline of the addition will follow the roofline of the existing
residence and thus, would be necessary for the construction of the residential
addition
B. The proposed grading does not significantly adversely affect the visual relationships
with nor the views from the viewing area of neighboring properties. Due to the fact
that the grading would result in a lower finished grade beneath the existing building
pad such that the height of the residence/addition would be lower than a structure
that could have been built in the same location on the lot if measured from
preconstruction grade. More specifically, the applicant will be excavating a depth of
T-6" beneath the building pad.
C. The proposed grading will be completely beneath the building pad of the addition
and therefore minimizes disturbances to the natural contours as they will be
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maintained throughout the property.
D. The grading takes into account the preservation of natural topographical features
and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. The grading would occur beneath the
building pad of the addition and no other grading is proposed throughout the
property.
E. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence
of natural landscape or wildlife habitat on the property.
F. The grading conforms to the City's standards for grading on slopes, cut and fill and
finished slope contours. Specifically, the proposed grading would not occur on an
extreme slope (35% or greater), the proposed grading will not significantly alter the
contours of the lot, the excavation would not exceed 5'-0" (3'-6" proposed) and no
finished slopes that exceed 35% will be created.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following February 22, 2011, the date of the Planning Commission's final action.
Section 5: 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 conditionally approves a Height
Variation and Grading Permit(Planning Case No. ZON2010-00144)for the construction of
a new 915 square foot two-story addition located at 4 Avenida De Azalea, subject to the
conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 22nd day of February 2011, by the following
vote:
AYES: Commissioners Emenhiser, Gerstner, Knight, Vice Chairman Tetreault and
Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
P.C. Resolution No. 2011-08
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ABSENT: Commissioners Leon and Lewis
David L. Tomblin
Chairman
Joel Rnity�
CP
Commevelop en Director
Secrethe Plan ' g Commission
P.C. Resolution No. 2011-08
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2010-00144
(Chin, 4 Avenida De Azalea)
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 listed below. 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 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.
5. Failure to comply with and adhere to all of these conditions of approval may
because to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
6. 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
the Notice of Decision, 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.
7. 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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8. 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 the Notice of Decision.
9. 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.
10. 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.
11. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage (42% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (23'-0"proposed, No Change)
Side West 5 feet (5'-0"proposed, No Change)
Side East 5 feet (17'-0"proposed, No Change
Rear 95 feet (15'-0"proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
14. 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.
15. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
16. All construction sites shall be maintained in a secure, safe, neat and orderly
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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.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
18. This approval is for the construction of a 951 square foot two-story addition to the
east side of the existing 4,049 square foot residence (garage included). The overall
square footage of the residence, garage and storage area would be 5,000 square
feet. BUILDING AREA 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 BUILDING PERMIT FINAL.
19. The maximum ridgeline of the approved project is 25'-2". 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 1356.79'
20. PRIOR TO ISSUANCE OF A BUILDING PERMIT, all palm trees on the property
shall be trimmed and maintained so that only palm frawns that point toward the sky
remain and all palm frawns that curve downward are cut or removed.
Grading Permit Conditions
21. This approval allows a maximum of 92 cubic yards of grading to be located
beneath the proposed addition.
27. The grading (excavation) shall not exceed a maximum depth of T-6".
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