PC RES 2011-020 P.C. RESOLUTION NO. 2011-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A
HEIGHT VARIATION AND SITE PLAN REVIEW FOR 850 SQUARE
FEET OF NEW HABITALBE AREA TO THE MAIN FLOOR AND 412
SQUARE FEET OF NEW HABITABLE AREA TO THE LOWER
FLOOR OF THE EXISTING TWO-STORY RESIDENCE (CASE
NO. ZON2009-00413) LOCATED AT 29403 WHITLEY COLLINS
DRIVE.
WHEREAS, on October 20, 2009, the property owners, Mr. and Mrs. Ziobro, submitted
Height Variation and Site Plan Review applications to the Community Development Department for
review and processing requesting approval to construct 850 square feet of new habitable area to the
existing main floor and 412 square feet of new habitable area to the existing lower level of the
residence. On November 19, 2009, 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, Staff deemed the application complete on March 9, 2011; and,
WHEREAS, on March 14, 2011, Staff mailed notices to 95 property owners within a 500-foot
radius from the subject property, providing a 30-day time period for the submittal of comments and
concerns. In addition, a Public Notice was published in the Peninsula News on March 17,2011;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), 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 April 26,2011,
at which time all interested parties were given an opportunity to be heard and present evidence;and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: With respect to the application fora Height Variation to allow the construction
of additions that exceed 16'-0" from the highest existing grade covered by the structure, the
Planning Commission finds that:
A. The applicant has complied with the Early Neighbor Consultation process established by the
City by obtaining property owners' acknowledgement signatures from 75% of the property
owners within a 100-foot radius of the subject property and signatures from 31% of the
property owners within a 500-foot radius of the subject property .
B. The Height Variation is warranted since the proposed two-story addition which 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 there are no City-designated viewing areas
due to the topography in the area and the location of the subject property.
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 lot that slopes
with the street of access. 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 portions of the new residence which exceed
sixteen feet in height, when considered exclusive of existing foliage, do not significantly
impair views from the viewing area of another parcel due to the location of the neighborhood
within the City, the surrounding topography, lot configurations and curving street design:
Furthermore,the proposed additions would be built within the existing building envelope and
would not exceed the highest existing ridgeline.
E. The Height Variation is warranted since there is no significant cumulative view impairment
caused by granting the application. According to the Height Variation Guidelines, in making
a cumulative view impairment assessment, evaluation will usually not extend beyond 3 or 4
parcels adjacent to the subject property. Based on the existing neighborhood, the four
closest homes area already developed as two-story residences that are above 16'-0" in
height.
F. The Height Variation is warranted as the proposed additions comply with all other Code
requirements, including the RS-4 zoning district development standards with respect to lot
coverage and setbacks, and the off-street parking requirements for single-family residences.
G. The Height Variation is warranted as the proposed structure 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.Specifically,the proposed
residence and new addition would not be larger than the largest home in the existing
neighborhood. The architectural style of the proposed residence would utilize similar
architectural materials and styles found in the immediate neighborhood with articulated
roofs, stucco siding and stone accents. Furthermore,the second story was positioned along
the south side of the existing residence,which is similar to the existing residence and other
two-story homes within the neighborhood.
H. The Height Variation is warranted since the new residence, as conditioned,would not create
an unreasonable infringement of the privacy of the occupants of abutting residences as the
proposed second story addition would be located in the same area as the existing two-story
home. As such, no privacy impacts will be increased beyond what currently exists.
Furthermore, the two-story addition at the front of the residence would not create privacy
impacts to other neighbors as it will be facing the street.
Section 2: The requested Site Plan Review application for a new one-story addition at
the rear of the residence, approximately 216 square feet in area, meets the appropriate
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development code standards related to lot coverage, building height and setbacks for the RS-4
zoning district.
Section 3: 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 April 26, 2011, the date of the
Planning Commission's final action.
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 conditionally approves a Height Variation and Site Plan Review
(Case No. ZON2009-00413)for the construction of 850 square feet of new habitable area to the
main floor and 412 square feet of new habitable area to the lower level floor, located at 29403
Whitley Collins Drive, subject to the conditions of approval in the attached Exhibit'A'.
PASSED, APPROVED, AND ADOPTED this 26th day of April 2011, by the following vote:
AYES: Commissioners Emenhiser, Gerstner, Leon, Lewis, Vice Chairman Tetreault
and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioner Knight
omblin
Chairman
Joel Rojas,
Community Development Director
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00413
(Zibro, 29403 Whitley Collins 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 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 any construction work in the Public Right-of-Way, 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 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.
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.
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:
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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(39% proposed) and the following setbacks from
the applicable property lines:
Front 20 feet(21°O"existing, no change)
North Side 5'O"feet(5'O"proposed)
South Side 5 feet(11=11"proposed)
Rear 15 feet(43-7"existing, no change)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed
50%.
13. A minimum 2-car garage shall be provided, 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 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 850 square feet of new habitable area to the main
level and 412 square feet of new habitable area to the lower level of the existing two-story
residence. Upon completion of the proposed addition, the square footage of the residence
would be 3,954 square feet, including the garage.
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19. The new residence shall maintain a maximum height of 23'-9",as measured from the lowest
finished grade adjacent to the building foundation/slab (elevation 1268.0') to the highest
ridgeline (elevation 1,291.75) and 20'-0" as measured from the highest existing grade
covered by the structure (elevation 1,271.0') to the highest ridgeline (elevation 1291.75').
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.
20. The proposed front entry foyer shall not exceed a maximum height of 17'-0" as measured
from the highest existing grade elevation (elevation 1.271.0')to the highest ridgeline of the
entry foyer portion of the structure.
21. Other than the required spark arrestors, there shall not be any decorative/architectural
features on the tops of the chimneys. Since a spark arrestor is required for every chimney,
the spark arrestor shall be considered part of the chimney. Therefore, the proposed
chimneys shall not be any higher than the minimum height required by the Uniform Building
Code. The spark arrestors on the chimneys shall be the shortest spark arrestor required by
the manufacturers specifications for the type of fireplace installed.
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