PC RES 2004-013P.C. RESOLUTION NO. 2004-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2003-
00549), THEREBY PERMITTING THE CONSTRUCTION OF A
732 SQUARE FOOT ADDITION TO A 2,458 SQUARE FOOT
SINGLE FAMILY RESIDENCE, FOR PROPERTY LOCATED AT
28600 MT. LASSEN.
WHEREAS, on October 8, 2003, the applicant submitted an application for a
Height Variation requesting to construct a 732 square foot addition to an existing 2,458
square foot single-family residence On November 7, 2003, staff completed the initial
review of the proposed plans, at which time the application was deemed incomplete due
to missing information on the protect plans and/or applications The applicant submitted
the remaining information needed to complete the application on January 29, 2004; and,
WHEREAS, on February 9, 2004, the application for 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 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 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 March 23, 2004, 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: That the approved protect includes the construction of a 732 square
foot addition to a 2,458 square foot 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
76% of the property owners' signatures within 100 feet and 25% 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
P.C. Resolution No 2004-13
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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 area of a proposed new
structure or addition to an existing structure, when considering both the new area that is
above sixteen feet and the new area that is below sixteen feet, as defined in Section
17.02.040(B) of the Development Code, when considered exclusive of existing foliage,
does not significantly impair a view from the viewing area of another parcel. The
applicant has designed the addition such that it does not project into the view corridor of
another property
Section 6: 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
caused by the proposed structure, and (b) considering the amount of view impairment
that would be caused by the construction on other parcels of structures similar to the
proposed structure As noted in Section 5, the project does not create view impairment,
thus should the other properties in the area construct similar additions, the project will
not contribute to cumulative view impairment
Section 7: 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 Title 17 of the City of Rancho Palos Verdes Municipal Code.
Section 8: 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 9: 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 since the new windows look only into
the front yards of other properties and the street.
Section 10: 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,
17.76.040(H) and 17.80 070 of the Rancho Palos Verdes Municipal Code, any such
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appeal must be filed with the City, in writing, and with the appropriate appeal fee, no
later than April 7, 2004.
Section 11: 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 732 square foot addition to a 2,458 square
foot residence (Case No ZON2003-00549), subject to the conditions contained in
Exhibit 'A', 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 23rd day of March 2004, by the following
vote:
AYES: GERSTNER, KARP, KNIGHT, TETREAULT, VAN WAGNER, MUELLER
NOES: NONE
ABSTENTIONS: NONE
ABSENT COTE
Craig Mueller,
Chairman
Voel Rojas, A
ire for of PI'nni Building and Code Enforcement; and,
S c
cretary to the lanning Commission
P C Resolution No. 2004-13
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-13)
Height Variation (Case No. ZON2003-00549)
1. The approval of a Height Variation is to allow for the construction of a 732 square
foot two-story addition to the existing 2,458 square foot residence More
specifically, the addition shall consist of a 95 square foot addition on the west
(front) side of the residence to expand the great room on the lower floor and a
637 square foot addition to the west side of the second floor to accommodate a
new family room and a new bedroom
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 Building 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
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures
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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 The approved project shall maintain a maximum 50% lot coverage (Proposed -
38.4%)
12 The proposed residence shall not exceed a height of 23'-3", as measured from
the lowest grade adjacent to the building foundation/slab (99'-6") to the highest
ridgeline of the residence (122'-9"), and 22'-11 ", as measured from the highest
elevation of existing building pad covered by structure (99'-10") to the highest
ridgeline of the residence
13. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed 15'-6")
5' north side (proposed: 35'-6")
5' south side (proposed- 5'-4")
20' front (proposed: 22')
SETBACK CERTIFICATION IS REQUIRED FOR THE SOUTH SIDE. 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.
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