PC RES 2014-025 P.C. RESOLUTION NO.. 2014µ25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND SITE PLAN
REVIEW TO ALLOW THE CONSTRUCTION OF AN 294
SQUARE FOOT SECOND FLOOR ADDITION AND 410
SQUARE FOOT, REAR YARD PERGOLA AT 28642 MOUNT
SHASTA DRIVE (CASE NO ZON2014-00181).
WHEREAS, on May 8, 2014, the applicant submitted Site Plan Review and Height
Variation Permit applications to the Community Development Department, requesting
approval to construct a two-story addition to the existing two-story residence and a pergola
in the rear yard on the property located at 28642 Mount Shasta. After an initial review of
the application, Staff deemed the application incomplete on May 27, 2014; and,
WHEREAS, on July 28, 2014, the application for Planning Case
No. ZON2014-00181 was deemed complete by Staff based on revised plans and additional
information; 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
and Site Plan Review would have a significant effect on the environment and, therefore,
the proposed project has been found to be categorically exempt (Class 1 - Section
15303(e)(2)); and,
WHEREAS, on July 31, 2014, Staff mailed notices to 134 property owners within a
500-foot radius from the subject property, providing a 30-day time period for the submittal
of comments and concerns, and noting the September 9, 2014 date of the public hearing
for the project. In addition, a Public Notice was published in the Peninsula News on July
31, 2014; and,
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 294 square
foot two--story addition:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 10 signatures from the properties within 100 feet (71.4%)
and 37 signatures from the property owners within 500 feet (27.6%) 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. Some residences
within the neighborhood enjoy views of the Vincent Thomas Bridge and distant city
lights in an eastward direction. However, due to the topography in the immediate
neighborhood, lot configurations, and existing development, the addition would not
affect the properties located north, south, east or west of the subject property. This
is due to the fact that the existing property is already developed with a two-story
residence and the proposed addition would be located along the west side of the
house.
F. The Height Variation is warranted because the residence is situated in such a
manner as to reasonably minimize the impairment of views. Furthermore, the
project does not create any view impairment from other properties due to the fact
that the proposed addition is located in front of the existing second story of the
residence.
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. In
order to address this finding, an assessment was conducted of the amount of
cumulative view impairment that would be caused to this property if a similar
addition over 16'-0", such as the proposed project, was also constructed on other
nearby properties. According the City's Height Variation Guidelines, the assessment
did not extend beyond 3 parcels adjacent to the subject property. Based on the
P.C. Resolution No, 2014-25
Page 2 of 8
existing neighborhood, the four closest properties to the applicant, are located at
28630, 28636, and 28700 Mount Shasta. These properties are already developed
with existing two-story structures. Given the existing topography and view
orientations, a similar addition on these homes would not create any new
cumulative view impairment beyond what currently exists.
F. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-5 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 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, aswell as the
existing residence by utilizing a stucco finish and composite tile roof materials,
similar to the materials used when the entire residential tract was originally
constructed. Furthermore, although the structure size exceeds the largest home in
the neighborhood, the project has been designed so that the impacts of the new
two-story addition are minimized. The new second story addition will be setback 10
feet from the first floor garage, thereby reducing the impacts of the new second
story addition as seen from the street.
K The Height Variation is warranted since the new addition would not create an
unreasonable infringement of the privacy of the occupants of abutting residences.
The subject property is already developed with a second story, with existing
windows along the front and side facades of the second story. The project would
include new windows as part of the new two-story addition. The windows would also
be located along the front and side facades of the residence and would have views
of the public right-of-way and roof of the adjacent neighboring propertyto the south.
Section 2: With regard to the Site Plan Review, the proposed 410 square foot
pergola at the rear yard would comply with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-5 zone,
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 September 9, 2014, the date of the Planning Commission's final action,
P.C. Resolution No. 2014-25
Page 3 of 8
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(Planning Case No, ZON2014-00181) for the construction
of a new 294 square foot first floor addition and 410 square foot, rear yard pergola on the
property located at 28642 Mount Shasta, subject to the conditions of approval in the
attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 9th day of September 2014, by the following
vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, James and Vice Chairman
Nelson
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioner Tomblin and Chairman Leon
Gordon Leon
Chairman
Joel Roj , Acp
Com mnity evelo"t Director
nity
ry to
Secret
(ihe Planning Commission
P.C. Resolution No. 2014-25
Page 4 of 8
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2014-00181
(Blome, 28642 Mount Shasta)
General Conditions:
1. Prior tothe 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 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
P.C. Resolution No. 2014-25
Page 5 of 8
unless, prior to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director.
& 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.
10. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped APPROVED plans,
11. 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.
12. Permitted hours and days for construction activity are 7:010 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:OOPM on 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. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM on Saturday, in accordance with the permitted hours of construction stated in
this condition. When feasible to do so, the construction contractor shall provide
staging areas on-site to minimize off-site transportation of heavy construction
equipment. These areas shall be located to maximize the distance between staging
activities and neighboring properties, subject to approval by the building official.
11 Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 52% lot coverage (42.8% proposed).
14. The approved residence shall maintain setbacks of 20'-2" front, 15'-0" rear, 6'-0"
north side and 14'-0" south side.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
P.C. Resolution No. 2014-25
Page 6 of 8
16. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance,
17. 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.
18. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
19. 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.
20. 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.
21. Prior to the issuance of building permits, the applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule 445
and the City Municipal Code requirements regarding wood-burning devices,
22. The applicant must remove the silhouette frame within seven (7) days after the
City's appeal process has been exhausted.
Height Variation Conditions:
1 This approval is for the construction of a 294 square foot two-story addition and 410
square foot pergola in the rear yard. The overall square footage of the residence
and garage would be 2,529 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 BULGING
PERMIT FINAL.
P.C. Resolution No. 2014-25
Page 7 of 8
2. The maximum ridgeline of the approved project will reach a maximum height of 22'-
10" as measured from the lowest finished grade adjacent to the structure (elev.
202.49') to the top of the highest ridgeline (elev. 225.387), BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
P.C. Resolution No. 2014-25
Page 8 of 8