PC RES 2017-005 P.C. RESOLUTION NO. 2017-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES TO APPROVE A HEIGHT
VARIATION PERMIT FOR THE CONSTRUCTION OF A 742
SQUARE FOOT, SECOND-STORY, ADDITION OVER AN
EXISTING GARAGE OF AN EXISTING TWO-STORY
RESIDENCE AT 30803 VIA LA CRESTA ROAD (Z0N2016-
00416).
WHEREAS, on September 6, 2016, the applicants submitted a Height Variation
application requesting approval to construct a 742 square foot, second-story, addition
over an existing single-family residence. After completing an initial review of the
application, Staff deemed the application incomplete on September 21, 2016 due to
missing information; and,
WHEREAS, on December 20, 2016, the Applicants submitted additional
information and the project was deemed complete for processing; and,
WHEREAS, on January 5, 2017, a public notice was mailed to owners of
property within a 500' radius of the subject site in accordance with Rancho Palos
Verdes Code Section 17.80.090 and published in the Palos Verdes Peninsula News
pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, on February 14, 2017, the Planning Commission conducted a duly
noticed public hearing and received public testimony. After considering public testimony
and Staffs presentation, the Planning Commission voted 6-0 (Commissioner Leon was
absent) to approve the project as proposed pursuant to Alternative No. 1 and directed
Staff to return to the February 28, 2017 meeting with a resolution reflecting the
Commission's approval of the project; 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), the Planning Commission found no evidence that the
Height Variation Permit will have a significant effect on the environment and, therefore,
the review has been found to be Categorically Exempt under Class 3 (Section 15303).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The proposed project is a request to construct a 742 square foot,
second-story, addition over an existing garage of an existing two-story residence;
Section 2: The proposed Height Variation Permit is warranted because:
The applicants have complied with the early neighborhood consultation
process established by the City. There are 10 properties within 100 feet
and 49 parcels within 500 feet of the project site. The applicants obtained
8 signatures from properties within 100 feet (80%) and 32 signatures of
landowners within 500 feet (66%) of the project site. Additionally, the
subject site is not part of an organized homeowner's association, so no
proof of notification was necessary.
ii. The proposed new structure that is above sixteen feet in height does not
significantly impair a view from public property which has been identified in
the City's General Plan or Coastal Specific Plan, as City-designated
viewing areas. More specifically, there are no viewing points or viewing
sites with views over the subject property due to the topography in the
immediate area. Additionally, the City's Conceptual Trails Plan identifies a
pedestrian trail (Hawthorne Trail) south of the subject site along
Hawthorne Blvd which is approximately 65 feet below the proposed
project. As the views are in the opposite direction of the proposed project,
there will be no impacts to the Hawthorne Trail. The subject property is
also not located within the City's Coastal Specific Plan.
iii. The proposed new structure is not located on a ridge or promontory
because the subject site is not located on a prominent mass of land that
overlooks or projects onto a lowland or body of water on two sides.
iv. The area of a proposed new addition that is above sixteen feet in height,
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. More specifically, the
subject site is part of a residential Tract with pad lots situated
•approximately 65 feet above Hawthorne Boulevard, located on the
landward side of Via La Cresta. The subject neighborhood is terraced
with ascending transitional slopes between adjoining rear lots with views
of the ocean and Catalina in a southerly direction. As a result, the only
properties that may experience a potential view impairment caused by the
proposed project are located on Vallon Road, located north and parallel to
Via La Cresta. The Vallon Road properties are located at an elevation
that is at least 10 feet above the subject site with views laterally over the
homes located on Via La Cresta. Additionally, the proposed addition will
be located in front of an existing second floor that already impairs existing
views from the properties on Vallon Road. Additionally, the neighboring
properties to the east and west, are developed at a relatively similar
elevation as the subject property, while the properties to the south are at a
P.C. Resolution No. 2017-05
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lower elevation than the subject property with views oriented in the
opposite direction than the subject property.
v. There is no significant cumulative view impairment caused by granting the
application. The analysis of cumulative view impairment is performed by
assessing the amount of view impairment resulting from the proposed
structure over 16'-0" in height together with the amount of view impairment
that would result by the construction on other parcels with similar additions
that exceed 16'-0" in height. The properties in the neighborhood, including
the subject property, have views of the ocean and Catalina Island in a
southerly direction. Should the four adjacent residences (30771, 30777,
30813, and 30819 Via La Cresta) construct similar additions as the
proposed project, there will be no impact to the surrounding properties
based on the existing topography of the neighborhood. More specifically,
the only properties with views over the adjacent four homes are in a
northerly direction and higher in elevation. These homes are already two-
story structures and extending the second floor over the existing garages
will not be impact views from the surrounding properties as they are higher
in elevation than the subject property and the addition will be screened by
the existing second floor structure.
vi. The proposed structure complies with all other Code requirements. More
specifically, no changes are proposed to the existing setbacks of 20'-7"
front, 9'-9" west side, 10'-0" east side, and 51'-0" rear. Additionally, the
proposed lot coverage of 40.2% is under the Code's maximum allowable
lot coverage of 45%.
vii. The proposed structure is compatible with the immediate neighborhood
character. More specifically, the neighborhood is comprised of mostly
split-level California Ranch Style homes, developed as a Tract in the late
1960's with identifying features such as asymmetrical one- and two-story
structures with low-pitched roofs made up of hipped, cross-gabled, and
side-gabled roofs, with varying roof plans to minimize the bulk, mass and
scale of homes. The proposed architectural style and building materials
proposed will match the existing residence and the surrounding
neighborhood with like materials such as the continued use of stucco walls
and wood siding, stone columns, and tile roofing, with additional ribbon
windows to the front and west façade of the addition. Additionally, most of
the homes in the neighborhood are two-story structures, with the second
floor recessed from the first floor. The proposed project is an addition
over the garage, which will be recessed by 2' from the first floor garage
with extended roof eaves between the two floors. The proposed varied
setbacks and extended roof eaves result in a structure that preserves the
character of the neighborhood and creates consistency with the
neighboring structures. Furthermore, no changes are proposed to the
existing setbacks requirements of 20'-7" front, 9'-9" interior west side, 10'
P.C. Resolution No. 2017-05
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interior east side and a 51' rear yard setback.
viii. The proposed new addition to an existing structure that is above sixteen
feet in height does not result in an unreasonable infringement of the
privacy of the occupants of abutting residences. More specifically, the
proposed 742 square foot second floor addition will be constructed along
the front (street) façade of the residence with windows facing the street
and front yards of the neighboring properties. Public open spaces and
streets have no expectation of privacy and therefore, would not result in
an unreasonable infringement of privacy to abutting residences.
Section 3: 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 adopts P.C.
Resolution No. 2017-05 , thereby approving a Height Variation Permit, subject to the
conditions in Exhibit 'A', which is attached hereto, to allow the construction of a 742
square foot, second-story addition over an existing garage of an existing two-story
residence at 30803 Via La Cresta Road.
PASSED, APPROVED AND ADOPTED this 28th day of February 2017, by the following vote:
AYES: Commissioners Bradley, Leon, Nelson, Vice Chairman Cruikshank,
Chairman Tomblin
NOES: - None
ABSTENTIONS: None
RECUSALS: None
ABSENT: 'Commissioners Emenhiser and James
411110110
David L. Tomblin
Chairman
Ara '
Community Development Director; and,
Secretary of the Planning Commission
P.C. Resolution No. 2017- 05
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
HEIGHT VARIATION PERMIT (CASE NO. ZON2016-00416)
30803 VIA LA CRESTA ROAD
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
Exhibit 'A'. Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
2. The applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. 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.
4. Based on a foliage analysis conducted on December 6, 2016, the following
foliage shall be trimmed PRIOR TO BUILDING PERMIT ISSUANCE in order to
restore the protected view(s) from surrounding properties:
• Crown reduce the Brazilian Pepper Tree located in the northwest corner of
the rear yard trimming down to 16 feet as measured from the base of the
tree and shape the tree.
The owner of the property shall be responsible for maintaining all foliage on the
property which exceeds 16 feet or the lowest adjacent house roof ridgeline,
whichever is lower, so as not to significantly impair the view from surrounding
viewing areas.
5. 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
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and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
6. 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. Substantial changes 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.
7. 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.
8. 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 or
administrative citations as described in Sections 1.08 and 1.16 of the City's
Municipal Code.
9. 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 decision, 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.
10. 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.
11. 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 decision.
12. 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.
13. 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
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,
. .
a
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.
14. 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.
15. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over
30 calendar days shall provide temporary construction fencing, as defined in
Section 17.56.050(C) of the Development Code. Unless required to protect
against a safety hazard, temporary construction fencing shall not be erected
sooner than 15 days prior to commencement of construction.
16. 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.
17. 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.
18. 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.
19. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
20. All applicable soils/geotechnical reports, if required by the Building and Safety
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•
•
Division, shall be approved by the City's geologist prior to Building Permit
issuance.
21. 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:
22. This approval is for the construction of a 742 square foot, second-story, addition
over an existing 3-car garage of single family residence to accommodate a family
room and bathroom. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to the framing
inspection.
23. The height of the approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the maximum height exceed 25.5', as
measured from the existing grade at the highest elevation of the existing building
pad area covered by the structure (98.76') to the highest ridgeline or highest
point of the structure (124.26'); and 25.65' as measured from the point where the
lowest foundation or slab meets finished grade (98.61') to the highest ridgeline or
highest point of the structure (124.26'). BUILDING HEIGHT CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
roof sheathing inspection, based on the above mentioned instructions.
24. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 40.2% lot coverage.
25. The approved project shall comply with the following setbacks of 20'-7" front, 35'-
0" interior west side, 10'-0" interior east side, and 51'-0" rear.
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