PC RES 2003-056P.C. RESOLUTION NO. 2003-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT
VARIATION (CASE NO. ZON2003-00304) THEREBY
PERMITTING THE CONSTRUCTION OF A 1,377 SQUARE FOOT
TWO STORY ADDITION TO AN EXISTING 2,603 SQUARE FOOT
SINGLE FAMILY RESIDENCE, FOR PROPERTY LOCATED AT
5900 CLINT PLACE.
WHEREAS, on June 10, 2003, the applicant submitted a Height Variation
application, requesting to construct a 1,377 square foot addition to the existing
residence Staff completed the initial review of the application on July 10, 2003, at
which time the application was deemed incomplete due to missing information on the
project plans/application On August 28, 2003, the applicant submitted the remaining
information needed to complete the application; and,
WHEREAS, on September 24, 2003, the application for the Height Variation 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 of seq , 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 would 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, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on November 11, 2003, at which time all interested parties were given an
opportunity to be heard and present evidence
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Section 1: That the approved project includes the construction of a 1,377
square foot two story addition to the existing 2,603 square foot single-family residence
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the city by obtaining
91 % of the property owners' signatures within 100 feet and 73% of the signatures of the
property owners within 500 feet of the subject site.
Section 3: The Height Variation is warranted since the structure 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
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Coastal Plan, as a city -designated viewing area. There are no public property viewing
areas, as designated within the General Plan, within the vicinity of, or that look over, the
subject site.
Section 4: The Height Variation is warranted since the proposed structure is
not located on a ridge or promontory. The subject property is located within a fully
developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code
Section 5: The Height Variation is warranted since the structure is designed
and situated in such a manner as to minimize impairment of a view. After an analysis of
the area, it has been found that the proposed structure has been designed in a manner
that it does not cause impairment of view to other properties
Section 6: The Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application Since the structure
does not cause view impairment, it does not contribute to cumulative view impairment.
Section 7: The Height Variation is warranted since the proposed structure,
when considered exclusively of existing forage, does not significantly impair a view from
the viewing area of another parcel. Since the structure does not cause view
impairment, it does not cause significant view impairment from the viewing area of
another property
Section 8: The Height Variation is warranted since the proposed structure
complies with all other code requirements, in as much as the proposal meets all
requirements of Tale 17 of the City of Rancho Palos Verdes Municipal Code.
Section 9: The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character Based on an analysis of the
area, it is found that the proposed structure is consistent with the character of the
immediate neighborhood with respect to architectural style and materials, bulk and
mass, number of stories, structure size, front, side, and rear yard setbacks, and open
space between structures.
Section 10: The Height Variation is warranted since the proposed structure
does not result in an unreasonable infringement of the privacy of the occupants of
abutting residences The design of the residence does not create an unreasonable
infringement onto the privacy of other properties
Section 11: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17 02 040 and
17 80 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, and with the appropriate appeal fee, no later than
November 26, 2003
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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 the Height
Variation to allow for the construction of a 1,377 square foot two story addition to the
existing 2,603 square foot residence (Case No. ZON2003-00304), subject to the
conditions contained in Exhibit W, attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area
PASSED, APPROVED AND ADOPTED this 11th day of November 2003, by the
following vote:
AYES- COTE, LYON, TOMBLIN, MUELLER
NOES NONE
ABSTENTIONS. NONE
ABSENT: CARTWRIGHT, DURAN REED, LONG
Craig Mueller,
Vice Chairman
xll-�
oel oras, IC
ire for of Ian ing, Building and Code Enforcement, and,
retary t Planning Commission
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Ail
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2003-56)
Height Variation (Case No. ZON2003-00304)
The approval of a Height Variation is to allow for the construction of a 1,377
square foot two story addition to the existing 2,603 square foot single-family
residence The addition shall consist of a 212 square foot addition between the
garage and the first floor of the residence, a 200 square foot addition on the
northeast corner (rear) of the first floor, a 25 square foot addition on the
northwest corner (front) of the first floor, and a 940 square foot addition on the
second floor Additionally, this approval allows a roof deck/balcony along the
north side and rear of the second story
2 Approval of this Height Variation shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County,
and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply
3. 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
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Budding and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6 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.
7 The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department
8. The construction site, adjacent public and private properties 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
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x
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
9. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10 All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction
11. Prior to the commencement of any work within the public right-of-way, the
applicant shall obtain an encroachment permit from the City of Rancho Palos
Verdes, Public Works Department.
12 The approved project shall maintain a maximum 52% lot coverage. (Proposed:
22%)
13. The proposed structure shall maintain the following minimum setbacks.
15' rear (proposed 18')
5-0" side (proposed- 9'-6" north, 5' south)
20'-0" front (proposed: 20'-8")
FRONT SETBACK 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 THE POURING OF
FOUNDATIONS.
14 Prior to the final of building permits, the existing driveway shall be removed and
replaced with landscaping Additionally, the existing driveway approach shall be
removed and replaced with curb, gutter, and sidewalk to the satisfaction of the
Director of Public Works Notwithstanding this, if it is found that the existing
setback for the garage is not the minimum required 20', the garage shall not be
converted from indirect access to direct access, therefore this condition will not
apply
15 The proposed residence shall not exceed a height of 25'-9", as measured from
the lowest grade adjacent to the building foundation/slab (-4") to the highest
ridgeline of the residence (25-5"), and 25'-0", as measured from the highest
elevation of existing building pad adjacent to the foundation/slab (5") to the
highest ridgeline of the residence
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.
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16 No grading is permitted by this approval
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