PC RES 2004-027P.C. RESOLUTION NO. 2004-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2004-
00041), FOR PROPERTY LOCATED AT 27010 SPRINGCREEK.
WHEREAS, on February 4, 2004, the applicant submitted an application for a
Height Variation (Case No. ZON2004-00041), requesting to construct a 1,555 square
foot addition to an existing 2,106 square foot single-family residence located at 27010
Springcreek. On February 27, 2004, 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 additional
information to the City on March 5, 2004; and,
WHEREAS, the Height Variation application was deemed complete by staff on
April 8, 2004, and,
WHEREAS, on May 17, 2004, the applicant submitted a revised proposal that
includes a 1,342 square foot addition to the 2,106 square foot residence; and,
WHEREAS, on May 18, 2004, the applicant granted a 90 -day extension to the
Permit Streamlining Act (State Government Code Section 65957), thus the action
deadline for this request is August 29, 2004, 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 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 was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on May 11, 2004 and June 8, 2004, at which time all interested parties were
given opportunities to be heard and present evidence, and,
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 1,342
square foot addition to a 2,106 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
P.C. Resolution No 2004-27
Page 1 of 6
77% of the property owners' signatures within 100 feet and 26% of the signatures of the
property owners within 500 feet of the subject site
Section 3: The Height Variation is warranted since the proposed addition to
the existing structure that is above 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 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 addition to the existing
structure that is above sixteen feet in height, as defined in Section 17 02 040(6) of this
Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel If the viewing area is located in a
structure, the viewing area shall be located in a portion of a structure which was
constructed without a height variation permit or variance, or which would not have
required a height variation or variance when originally constructed had this section, as
approved by the voters on November 7, 1989, been in effect at the time the structure
was constructed, unless the viewing area located in the portion of the existing structure
which required a height variation permit or variance constitutes the primary living area
(living room, family room, dining room or kitchen) of the residence. Based on an
analysis of the area, the only view impairment caused by the proposed structure is from
the viewing area of 27016 Springcreek. However, this impairment is not considered
significant since it is to the periphery of the view frame and does not impair a major
portion of the view.
Section 6: The Height Variation is warranted since view impairment exists
from the viewing area of another parcel, but it is determined not to be significant, as
described in the previous section, and the proposed addition to an existing structure that
is above sixteen feet in height is designed and situated in such a manner as to
reasonably minimize the impairment of a view. The applicant has minimized the plate
height within the residence and has utilized a low roof pitch, thus minimizing view
impairment caused by the structure.
Section 7: 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 an analysis of
P C Resolution No 2004-27
Page 2 of 6
3
the area, it is found that should the four adjacent parcels build to the same height as the
applicant, they would not create any additional impairment due to the topography of the
area and the location of the other homes.
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 Title 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 addition to the existing
structure that is above sixteen feet does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences. A condition of approval has been
added that requires the three windows on the east side of the third floor (within the
closets) and the two easterly most windows on the north side of the third floor (above
the toilet and in the shower) either be removed, be clerestory windows, or consist of
translucent glass. With the implementation of this condition of approval, the privacy
impact has been mitigated beyond a level of significance
Section 11: An, y interested person aggrieved by this decision or any portion of
this decision may al�peal to the City Council. Pursuant to Sections 17 02.040,
17 76 040(H) and 1780.070 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 June 16, 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 (dated
May 11, 2004 and June 8, 2004), the Planning Commission of the City of Rancho Palos
Verdes hereby approves the Height Variation to allow for the construction of a 1,342
square foot addition to a 2,106 square foot residence (Case No. ZON2004-00041),
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.
P.C. Resolution No 2004-27
Page 3 of 6
AYES' GERSTNER, KARP, TETREAULT
NOES: KNIGHT
ABSTENTIONS: NONE
ABSENT: VAN WAGNER, COTE, MUELLER
or
-�ar Craig Mueller,
Chairman
�oel)Rous, Al"(,P\
PjTbfor of PlZnr) _g, Building and Code Enforcement, and,
Secretary to the Planning Commission
P.C. Resolution No 2004-2.L
Page 4 of 6
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-27)
Height Variation (Case No. ZON2004-00041)
The approval of a Height Variation is to allow for the construction of a 1,342
square foot addition to the existing 2,106 square foot residence. More
specifically, the addition shall consist of a 681 square foot addition on the east
(rear) side of the second floor of the residence and a 661 square foot third floor
along the north side of the residence
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
P.C. Resolution No 2004-27
Page 5 of 6
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 Budding and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
11. The approved project shall maintain a maximum 52% lot coverage.
12. The proposed residence shall not exceed a height of 24.5 as measured from the
lowest grade adjacent to the building foundation/slab (100') to the highest
ridgeline of the residence (124.5'), and 20', as measured from the highest
elevation of existing building pad covered by structure (104.5') 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.
13. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed 67')
5' north side (proposed: 5')
5' south side (proposed 10')
20' front (proposed 20')
SETBACK CERTIFICATION IS REQUIRED FOR THE NORTH 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.
14. In order to protect the privacy of 27002 Springcreek, the three windows on the
east side of the third floor (within the closets) and the two easterly most windows
on the north side of the third floor (above the toilet and in the shower) shall either
be removed, be clerestory windows, or consist of translucent glass Prior to the
issuance of building permits, the plans shall be modified to reflect the
changes to meet this condition of approval.
P C. Resolution No 2004-27
Page 6of6