PC RES 2004-014P.C. RESOLUTION NO. 2004-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION AND MINOR EXCEPTION
PERMIT (CASE NO. ZON2003-00595), THEREBY PERMITTING
THE CONSTRUCTION OF A 1,035 SQUARE FOOT ADDITION
TO A 2,820 SQUARE FOOT SINGLE FAMILY RESIDENCE AND
A 2' ENCROACHMENT INTO THE STREET SIDE SETBACK,
FOR PROPERTY LOCATED AT 7442 VIA LORADO.
WHEREAS, on November 5, 2003, the applicant submitted an application for a
Height Variation, and Minor Exception Permit requesting to construct a 1,035 square
foot addition to an existing 2,820 square foot single-family residence and encroach 2'
into the street side setback On December 3, 2003, staff completed the initial review of
the proposed plans, at which time the application was deemed incomplete due to
missing information on the project plans and/or applications. The applicant submitted
the remaining information needed to complete the application on January 15, 2004; and,
WHEREAS, on January 28, 2004, the applications for Height Variation and Minor
Exception Permit were 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 and Minor
Exception Permit, 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 an 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 project includes the construction of a 1,035
square foot addition to a 2,820 square foot residence and a 2' encroachment into the
street side setback.
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
100% of the property owners' signatures within 100 feet and 37 7% of the signatures of
the property owners within 500 feet of the subject site.
P.0 Resolution No. 2004-14
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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
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 Due to the
elevation difference between the subject property and the surrounding properties, the
applicant is able to construct the two-story addition, at the proposed height, without
projecting 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. A$ noted in Section 5, the project does not create view impairment,
thus should the other Oroperties 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 Due to the elevation difference between budding pads and the
existing fence, the proposed second story windows will not create an unreasonable
infringement of privacy unto the property owners of the adjoining lots.
P.C. Resolution No. 2004-14
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Section 10: The Minor Exception Permit is warranted since there is a practical
difficulty on the property There are limited areas on the property to construct a
bathroom to service the bedrooms on northeast corner of the residence, which
constitutes a practical difficulty.
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,
17.76.040(H) 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 April 7, 2004
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 and Minor Exception Permit to allow for the construction of a 1,035 square foot
addition to a 2,820 square foot residence and a 2' encroachment into the street side
setback (Case No ZON2003-00595), 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
c r Z
Craig Mueller,
Chairman
Z4�
(Joel RojasAIC
it ctor of I ning, Building and Code Enforcement, and,
Secretary to the Planning Commission
P C Resolution No 2004-_L4
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-14)
Height Variation and Minor Exception Permit
(Case No. ZON2003-00595)
General
1. Approval of this Height Variation and Minor Exception Permit 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
2. 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.
3. 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
4. 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
5 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.
6 The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
7. 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
8 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
P.C. Resolution No 2004-14
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9. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
Height Variation
10. The approval of a Height Variation is to allow for the construction of a 1,035
square foot two story addition to an existing 2,820 square foot residence. More
specifically, the addition shall consist of a 67 square foot bathroom on the north
side of the first floor, a 9 square foot addition to the entry of the first floor, a 24
square foot laundry room on the south side of the first floor, and a 935 square
foot second story
11. The approved protect shall maintain a maximum 50% lot coverage. (Proposed:
35.9%)
12. The proposed residence shall not exceed a height of 26', as measured from the
lowest grade adjacent to the building foundation/slab (281 74') to the highest
ridgeline of the residence (307.74'), and 24', as measured from the highest
elevation of existing building pad covered by structure (283 74') 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.
13 The proposed structure shall maintain the following minimum setbacks.
15' rear (proposed. 34.86')
5' side (proposed 18 09')
10' street side (proposed 8' for portion approved under Minor Exception
Permit, 10' for remainder)
20' front (proposed. 15.77' for existing, 20' far all new construction)
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.
Minor Exception Permit
14. The approval of this Minor Exception Permit is to allow a 10 square foot portion
of the bathroom addition to encroach a maximum of 2' into the street side
setback.
P C Resolution No 2004-14
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