PC RES 2015-015 P.C. RESOLUTION NO. 2015-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES
CONDITIONALLY APPROVING A SITE PLAN REVIEW
AND HEIGHT VARIATION TO ALLOW DEMOLITION OF
THE EXISTING 744FT2 GARAGE AND CONSTRUCTION A
NEW 708FT2 GARAGE, A 363FT2 FIRST-STORY ADDITION,
AND A 1,075FT2 SECOND-STORY ADDITION WITH A 2:12
ROOF PITCH AND AN OVERALL HEIGHT OF 21.36' ON
THE PROPERTY LOCATED AT 30423 VIA VICTORIA
(CASE NO ZON2015-00060).
WHEREAS, on January 28, 2015, the applicant submitted Height Variation and Site Plan
Review applications to the Community Development Department for review and processing,
requesting approval to demolish the existing 744ft2 garage and construct a new 708ft2 garage, a
363ft2one-story addition, and a 1,075ft2 second-story addition with a 4:12 roof pitch on the property
located at 30423 Via Victoria; and,
WHEREAS, on February 27, 2015, Staff completed the initial review of the application and
deemed the application incomplete; and,
WHEREAS, on April 1, 2015, revised plans addressing staff's concerns were submitted,
and on May 1, 2015 Staff deemed the application incomplete; and,
WHEREAS, on June 4, 2015, the applicant submitted additional information and on July
2, 2015 the application for Planning Case No. ZON2015-00060 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 the approval of the requested applications would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
(Section 15303(e)(1)); 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 August 25,
2015, at which time all interested parties were given an opportunity to be heard and present
evidence. After hearing a Staff Report and from the applicant and his architect, and closing the
public hearing, the Planning Commission voted 7-0 for a resolution to approve the project as
proposed, with a change to the roof pitch for the addition, from a 4:12 pitch to a 2:12 pitch and
directed Staff to bring back a resolution memorializing this conditional approval on the consent
calendar at the September 8, 2015 Planning Commission meeting.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: With respect to the application for a Height Variation to allow the
construction of a new second story addition:
A. The applicant collected 76% of the signatures within the 100' radius and 42% of the
signatures within the 500' radius, thus, fulfilling the requirement of at least 70% of the
landowners within 100 feet of the project site and at least 25% of the landowners within
500 feet of the project site.
B. The proposed addition that exceeds 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, as City-designated viewing
areas. Specifically, due to the location of the property and the topography in the immediate
area, the proposed structure does not significantly impair a view from the public trails, or
as defined by the City's General Plan or NCCP.
C. The proposed addition that exceeds sixteen feet in height is not located on a ridge or
promontory. Furthermore, the proposed residence would be located on an existing
building pad, similar to other lots within the developed tract, and is not located on a
prominent mass of land that overlooks or projects onto a lowland or body of water on two
sides. Thus, this finding can be made.
D. The proposed addition that is above sixteen feet in height, when considered exclusive of
existing foliage, does not significantly impair a view from the viewing area of another
parcel. While some residences have views of the Pacific Ocean, the proposed addition
would not significantly impair any existing views due the location of the addition within the
view frame of the home at 30448 Via Victoria and because the view is observed from
invalid viewing areas from other potentially impacted properties on Via Victoria.
E. The Height Variation can be supported because although the proposed addition that is
above sixteen feet in height does create view impairment from the viewing area of another
parcel, the proposed second-story addition has been designed and situated in such a
manner as to reasonably minimize the impairment of a view. To accomplish this, the
previously proposed 4:12 roof pitch on the addition has been reduced to a 2:12 roof pitch.
F. The Height Variation can be supported since there is no significant cumulative view
impairment caused by granting the application. According to the City's Height Variation
Guidelines, to make this assessment, the Planning Commission evaluated the impacts of
a similar project as the proposed project on 3 or 4 parcels "adjacent" to the subject
property. Due to the location of the property and the topography of the surrounding area,
the Commission has assessed the potential for significant cumulative view impairment on
properties located at 30435, 30429, 30417 and 30413 Via Victoria. After considering
similar additions on the properties listed above that are adjacent to the project site, given
the topography and lot orientations, the Commission is of the opinion that there would not
be any significant cumulative view impairment caused by granting the proposed project.
G. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-4 zoning district with respect to lot coverage and
setbacks.
P.C. Resolution No. 2015-15
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H. The proposed addition is compatible with the immediate neighborhood character in terms
of the scale of surrounding residences, architectural style and bulk and mass.
Compatibility with neighborhood character is based on a comparison to the other
structures in the immediate neighborhood. The homes range in size from 2,347ft2 to
3,765ft2. The average home size for the 20 closest homes is 3,117ft2. The proposed
residence will yield a 4833ft2 residence and is greater than the average square footage of
the 20 closest homes. Although the proposed second story is located directly over the
proposed first floor garage, this façade design is common within the immediate
neighborhood located on Via Victoria, as the Commission observed at least four other
residences with the second story located directly over the garage at the front façade and
close to, if not directly extending up to the front setback line. Also, the applicant has made
modifications to the design, including changing a gable roof on the north elevation to a hip
roof, adding a Juliet balcony to the second floor, adding windows to the first floor, and
adding siding as well as stucco columns to match the existing residence, which the
Commission believes has softened the appearance of bulk and mass of the proposed
structure as viewed from the street. Therefore, the Commission believes that the bulk,
mass, structure height, number of stories, and overall size of the residence would not
negatively impact the neighborhood's visual character and would ultimately be compatible
with the surrounding neighborhood.
Furthermore, the proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The architectural style of the proposed residence would maintain
the architectural style found in the immediate neighborhood by utilizing stucco siding and
shake roof materials, similar to the materials found in the immediate neighborhood.
H. The Height Variation is warranted since the new addition would not create an
unreasonable infringement of the privacy of the occupants of abutting residences. The
subject lot is located along Via Victoria with a building pad that is at a higher elevation
than the neighbor to the west and at a lower elevation than the building to the east. This
property is improved with a single family residence. The proposed portion of the addition
over sixteen feet in height is located towards the front of the property. The north elevation
is oriented towards the street, while the west elevation primarily overlooks the driveway
area of the property next door at 30417 Via Victoria. The east elevation primarily looks
over the garage located at 30429 Via Victoria. From the existing second floor windows on
the subject property, the Commission was able to see the rear yard at 30417 Via Victoria.
Because the proposed addition is located further away from the neighbor's rear yard
located at 30417 Via Victoria, and looks over the garage of the property located at 30429
Via Victoria, the Commission believes that the proposed new second-story addition would
not create an unreasonable infringement to the privacy for the abutting residences.
Section 2: With regard to the Site Plan Review, the proposed additions a would
comply with the required residential setback standards, lot coverage and the maximum allowable
heights as presented in the Development Code for the RS-4 zone. Specifically, the proposed
project will maintain the existing, conforming setbacks and the proposed lot coverage will not
exceed the maximum allowable lot coverage in the RS-4 zone (50%).
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Section 4: Any interested person aggrieved by this decision or by any portion of this
decision may appeal the project to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
setting forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following September
8, 2015, the date of the Planning Commission's final action.
Section 5: 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 conditionally approves a Height Variation and Site
Plan Review (ZON2015-00060), to allow the applicant to demolish the existing 744ft2 garage and
construct a new 708ft2 garage, a 363ft2 one-story addition, and a 1,075ft2 second-story addition
with a 2:12 roof pitch, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 8th day of September 2015, by the following vote:
AYES: Commissioners Cruikshank, Gerstner, James, Vice Chairman Tomblin,
Chairman Nelson
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Emenhiser, Leon
Robert A. Nelson
Chairman
Joel R; a., AICP
Com uni it Devel•• ent Director
Secr-tary o the - ing Commission
P.C. Resolution No. 2015-1.5
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2015-00060
(30423 Via Victoria)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Resolution. Failure
to provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void.
2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
3. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
4. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the 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 to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
7. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution, 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 Community Development Department and approved
by the Planning Commission.
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8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
9. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
11. The construction site and adjacent public and private properties and streets 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.
12. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by the
contractor or property owner. Existing or temporary portable bathrooms shall be provided
during construction. Portable bathrooms shall be placed in a location that will minimize
disturbance to the surrounding property owners, to the satisfaction of the City's Building
Official.
13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on
Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to maximize
the distance between staging activities and neighboring properties, subject to approval by
the building official.
14. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed
50%.
15. A minimum 2-car garage shall be maintained, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9' in width
and 20' in depth, with minimum 7' vertical clearance.
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16. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030
of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where
the light source is directed toward or results in direct illumination of a parcel of property or
properties other than that upon which such light source is physically located.
17. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
18. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square footage
is demolished or removed within a two-year period shall be considered a new residence
and shall then conform to all current development standards for that zoning district and
the most recently adopted version of the Uniform Building Code.
Project Specific Conditions:
19. This approval allows for the following:
• Demolition of the existing 744ft2 garage;
• Construction of a new 708ft2garage;
• Construction of a 363ft2first-story addition;
• Construction of a 1,075ft2 second-story addition with a 2:12 roof pitch
The additions will result in a 4,125ft2 residence with attached 708ft2 three-car garage.
20. The approved residence shall maintain setbacks of 20' front (north), 15' rear, 5' west side
and 5' east side (7'7" existing/proposed). BUILDING SETBACK CERTIFICATION
REQUIRED for the north and west sides to be provided by a licensed land surveyor or
civil engineer prior to foundation forms inspection.
21. The maximum ridgeline elevation of the proposed addition shall not exceed 140.55'. The
height of the structure as measured from the highest existing grade(120.87')to the highest
proposed ridgeline (140.55') shall not exceed 19.68'. The overall height of the structure
as measured from the lowest finished grade (119.19') to the highest proposed ridgeline
(140.55') shall not exceed 21.36'. BUILDING HEIGHT CERTIFICATION REQUIRED, to
be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection.
22. Unless modified by the approval of future planning applications, the approved project shall
maintain a maximum of 50% lot coverage (46.4% proposed).
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