PC RES 2001-041RESOLUTION NO. 2001-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, HEIGHT VARIATION NO. 885 REVISION "A" AND
VARIANCE NO 451 REVISION "A" TO ALLOW THE
ENCLOSURE OF AN EXISTING 276 SQUARE FOOT COVERED
PATIO, AND THE CONSTRUCTION OF A 300 SQUARE FOOT
ADDITION, FOR A TOTAL OF 576 SQUARE FEET OF
ADDITIONAL HABITABLE AREA, AT A MAXIMUM HEIGHT OF
19.5', AS MEASURED FROM THE FINISHED GRADE
ADJACENT TO THE LOWEST FOUNDATION (83.0') TO THE
TOP OF THE RIDGE (102 5'), AND SETBACK 11'-0" FROM THE
REAR PROPERTY LINE ON PROPERTY LOCATED AT 5888
MOSSBANK DRIVE.
WHEREAS, on September 26, 1989 the Planning Commission for the City
of Rancho Palos Verdes conditionally approved tentative Parcel Map No 20945 to allow
the division of land from property located at 5905 Clint Place, subject to conditions that
would regulate the type and location of development on the subject property; and,
Whereas Parcel Map No 20945 was recorded with the Los Angeles County
Recorders office on February 28, 1990, and,
WHEREAS, on October 22, 1996 the Planning Commission reviewed and
approved plans for a new 7,265 square foot single-family residence with 1,122 cubic
yards of associated grading, and,
WHEREAS, on February 17, 1997 the approvals issued by the Planning
Commission for a new single-family residence and the building permits issued expired,
and,
WHEREAS, on August 3, 1998 the Director of Planning, Building and Code
Enforcement conditionally approved Grading Permit No 2043 and Geologic
Investigation Permit No 123 to allow 144 cubic yards of grading for a temporary access
road, and,
WHEREAS, on February 8, 2000, the Planning Commission conditionally
approved Variance No 451, Height Variation No 885 and Grading Permit No 2108, for
the construction of a new 4,494 square foot single-family residence at a proposed
height of twenty-six (26) feet, as measured from the lowest finished grade (83') covered
by structure to the top of the roof ridgeline (109'), 1,675 cubic yards of associated
grading and a 9'-4" encroachment into the required rear yard setback, and,
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WHEREAS, on October 4, 2001, the required public notices for the November
13, 2001 Planning Commission meeting were mailed to property owners within a 500
foot radius of the subject property, and a notice was published in the Peninsula News
on October 6, 2001; and,
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 etseq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and
Substances Statement), Staff found no evidence that Height Variation No. 885 Revision
"A" and Variance No 451 Revision "A" would have a significant effect on the
environment and, therefore the proposed project has been found to be categorically
exempt (Class 1), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 13, 2001, at which all interested parties were given the
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: The Planning Commission finds that there are exceptional or
extraordinary circumstances applicable to the property, and that the subject property
does warrant a variance for relief from the rear yard setback requirement because the
subject contains restricted use areas, which limits the buildable pad area, part of which
is located within the required rear yard setback.
Section 2: The Planning Commission finds that a variance is necessary to
allow the development rights possessed by other property owners in the same zoning
district because the other properties are developed with a single-family residence, and
because of the restricted use areas established on the property, in order for the property
to be developed with a single family residence, a residential building up to the restricted
use lines is necessary, including an encroachment into the required rear yard setback
area.
Section 3: The Planning Commission finds that granting of the variance will
not be detrimental to the public welfare or injurious to property in the area because the
proposed addition, located 1 V-0" from the rear property line will be approximately fifty
(50) feet away from the habitable area of the residence on the adjacent property to the
rear, and the subject property is twenty (20) feet lower in elevation from the building pad
of the neighboring property to the rear.
Section 4: The proposed project will not be contrary to the objectives of the
General Plan because the project consist of an addition to a single family dwelling unit,
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which is the use and density consistent with the General Plan's Land Use Designation
of residential — 5 dwelling units per acre.
Section 5: The proposed addition will not impair a view from the public
property because there are no designated public viewing areas in the vicinity of the
subject property.
Section 6: The proposed addition is designed in such a manner to minimize
impairment of view in that the proposed addition is proposed to be located below the
approved ridgeline, and therefore not causing any impairment of views
Section 7: The proposed addition will not cause cumulative view impairment
because the majority of the surrounding lots are developed with similar structures, and
because the proposed addition does not adversely impact neighboring properties
Section 8: Except for the rear yard setback, the proposed addition complies
with the Residential Development Standards for the RS -5 zoning district, in terms of lot
coverage, side yard and front yard setback, and height requirement
Section 9: The proposed addition is compatible with the scale of the
surrounding properties, in that the additional 576 square foot will not cause the
approved residence to deviate from the scale of the residences found in the immediate
neighborhood because the residence will be 872 square foot larger than the largest
house in the neighborhood (3,992 square foot), however the subject lot at 24,398
square feet is considerably larger than the lots in the area, which averages at 11,648
square feet.
Section 10: The proposed addition is compatible with the apparent bulk and
mass of the surrounding properties because the proposed addition will be located under
the existing roof and between the main residence and the attached accessory structure,
therefore, not increasing the overall envelope of the approved residence
Section 11: The addition will add windows to the north and south fagade of the
residence, which will not increase any privacy impacts because the properties located to
the north and south of the subject property are at a significant different elevation
Section 12: 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 Height
Variation No. 885 Revision "A" and Variance No 451 Revision "A", thereby approving
the enclosure of 276 square foot of existing covered patio and the construction of a 300
square foot addition along the front of the patio enclosure, at a maximum height of 19 5',
as measured from the finish grade adjacent to the lowest foundation (83 0') to the top of
the ridge (102.5'), and a 4'-0" encroachment into the required rear yard setback area,
subject to the conditions of approval in Exhibit "A"
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PASSED, APPROVED, AND ADOPTED this 13th day of November, 2001, by the
following vote:
AYES: Chairman Lyon, Commissioners Cartwright, Long, Mueller, Paulson,
and Vannorsdall
NOES: none
ABSTENTIONS: none
ABSENT: Vice Chairman Clark
Frank Lyon IS"-1
Chairman
Joel R. as, ' ICP
Direct. of PI:nning, = ildi •
and Co.: E ".rcemen ; - d,
Secretary to the Planning Commission
P.C. Resolution 2001-41
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Exhibit "A"
Conditions of Approval
Height Variation No. 885 Revision "A"
Variance No 451 Revision "A"
The applicant/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 of the effective
date of approval shall render this approval null and void
2 All Conditions of Approval for Height Variation No 885, Variance No 451, and
Grading Permit No 2108 shall remain in full force and effect.
3 Approval of Height Variation No 885 Revision "A" and Variance No 451
Revision "A" is for the enclosure of an approved 276 square foot covered patio
and the construction of a new 300 square foot addition thus resulting in a total of
576 square feet of additional habitable area STRUCTURE SIZE
CERTIFICATION REQUIRED BY A LICENSED CIVIL ENGINEER.
4 The addition shall maintain a minimum 11'-0" setback to the rear property line
REAR YARD SETBACK CERTIFICATION REQUIRED BY A SURVEYOR OR A
LICENSED CIVIL ENGINEER
5 With the approval of Height Variation No 885 Revision "A" and Variance 451
Revision "A", the maximum height of the addition shall not exceed 19 5', as
measured from the finish grade adjacent to the lowest foundation (83 0') to the
top of the ridge (102 5')
6 The approved project shall maintain a maximum of 52% lot coverage, as required
by the RS -5 zoning district (33 5% proposed)
7 No improvement shall be allowed in the restricted use area Specifically, the
swimming pool, at its proposed location, shall not encroach into the restricted use
area
8 The project shall substantially conform to the plans stamped approved with the
effective date of this approval
9 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans and any 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 shall require approval of an amendment to Height Variation Permit No
885 by the Planning Commission
10 If the proposed facility has not been established (i a building permits obtained)
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Exhibit "A" — Conditions of Approval
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within one (1) year of the effective date of this resolution, or if construction has
not been completed within one hundred eighty (180) days of the issuance of
building permits, 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
Planning Commission Otherwise, a height variation permit revision must be
approved prior to further development.
11 Permitted hours of construction are 7 00 a m to 7 00 p m Monday through
Saturday No work is permitted on Sundays or legal holidays
12 The construction site 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 is not limited to the accumulation of
debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage
materials, abandoned or discarded furniture, and appliances or other household
fixtures
13 In the event that a Planning requirement and a Building and Safety requirement
are in conflict with one another, the stricter standard shall apply
14 No grading is permitted with this approval
15 All applicable soils/geotechnical reports required by the Building and Safety
Division shall be obtained by the applicant and approved by the City's geologist
prior to building permit issuance
16 All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to commencing work
P.C. Resolution No. 2001-41
Exhibit "A" — Conditions of Approval
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