PC RES 2011-039 P.C. RESOLUTION NO. 2011-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION REVISION TO MODIFY A PORTION OF THE
ROOF DESIGN FROM MANSARD TO GABLE, THEREBY
INCREASING THE RIDGELINE BY 1.5' AT 26139 BASSWOOD ROAD
(CASE NO. ZON2011-00309).
WHEREAS, on May 11, 1987, the Director approved Height Variation No. 489, allowing
the construction of a 1,330ft2 second story addition with a maximum ridge height of 23'; and,
WHEREAS, on May 26, 1987, a neighbor appealed the Director's decision based on
significant view impairment and neighborhood compatibility; and,
WHEREAS, on August 25, 1987, the Planning Commission denied the appeal and
upheld the Director's decision, allowing the construction of the proposed project; and,
WHEREAS, on October 28, 2011, the applicant (property owners, Mr. & Mrs. Mahajan)
submitted a Height Variation revision, requesting to modify a portion of the roof design from
mansard to a low pitched gable, thereby increasing the ridgeline by 1.5'; and,
WHEREAS, on November 7, 2011, the proposed application was deemed complete;
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. ZON2011-00309 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 November 10, 2011
pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 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 modify a portion of the roof design from mansard to
a low pitched gable, thereby increasing the ridgeline by 1.5' is warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the city by collecting 71% of the total number of landowners within 100' radius and
28% of the total number of landowners within 500' radius of the subject property,
P.C. Resolution No. 2011-39
Page 1
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.
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. More specifically, there are no protected
views across the proposed project area.
E. There is no significant cumulative view impairment caused by granting the
application, because no view impairment is caused by the proposed project,
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 project to modify the mansard portion of the roof to
gable would be more compatible with the neighboring homes and there are no
substantial changes to the overall bulk or mass as a result of increasing the ridgeline
by 1.5' at the peak of the roof.
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 no windows are proposed.
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
by 4:30 PM on Thursday, January 6, 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
4:30 PM on January 6, 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.
ZON2011-00309, for a request to modify a portion of the roof design from mansard to a low
pitched gable, thereby increasing the ridgeline by 1.5'.
P.C. Resolution No. 2011-39
Page 2
PASSED, APPROVED AND ADOPTED this 13t" day of December 2011, by the following vote:
AYES: Commissioners Gerstner, Leon, Emenhiser, Vice Chairman Tetreault, Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioner Lewis
ABSENT: None
David L. Tomblin,
Chairman
Joel Ras,96 asCP
�
Com unity Pevelo rn nt Director and
M
Secre6ry o the P1 n)ing Commission
P.C. Resolution No. 2011- 39
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EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2011-00309 (26139 Basswood Road)
Height Variation No. 489
1. Chimneys shall be covered with the stucco and brick veneer, as shown on the approved
plans.
2. No exterior stairs to the second story shall be permitted.
3. Landowner shall landscape a minimum 50% of the front yard setback within 60 days of
completion of the project.
Height Variation Revision No. ZON2011-00309
4. This approval is to modify the mansard portion of the roof to gable, thereby increasing
the overall height from 22.5' to 24'. BUILDING HEIGHT CERTIFICATION REQUIRED,
to be provided by a licensed land surveyor or civil engineer prior to roof sheathing
inspection.
5. 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.
6. 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.
7. 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.
8. 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,
9. 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.
10. 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.
11. If the applicant has not submitted an application for a building permit for the approved
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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.
12. 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.
13. 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.
14. 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.
15. 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.
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.
P.C. Resolution No. 2011-39
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