PC RES 2017-014 P.C. RESOLUTION NO. 2017-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND SITE PLAN
REVIEW WITH FOLIAGE ANALYSIS TO ALLOW A 624
SQUARE FOOT ADDITION CONSISTING OF 64 SQUARE
FEET TO THE FIRST FLOOR AND 560 SQUARE FEET TO
THE SECOND FLOOR AT 23' FEET IN HEIGHT AND A 138
SQUARE FOOT COVERED FRONT PORCH TO AN
EXISTING TWO-STORY RESIDENCE AT 4803
BLACKHORSE ROAD (CASE NO ZON2015-00328).
WHEREAS, on July 2, 2015, the applicant submitted a Height Variation and Site
Plan Review with Foliage Analysis, requesting approval to construct a 624 square foot
addition to the lower and upper floors with the installation of four skylights at an overall
height of 23'-0" and a 138 square foot covered front porch to an existing two-story
residence; and,
WHEREAS, on August 3, 2015, Staff completed an initial review of the application,
at which time the application was deemed incomplete due to missing information on the
project plans; and,
WHEREAS, on March 8, 2017, after the applicant submitted the necessary
information to process the requested applications and after a site inspection of the project
silhouette, the application was deemed complete; and,
WHEREAS, on March 16, 2017, notice of the pending application was published in
the Peninsula News and mailed to all property owners within 500 feet of the subject
property. The City Staff received one comment letter from a neighbor located as 4843
Blackhorse Road expressing concerns with view impairment, roof design, and the lighting
from the proposed skylights; 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 proposed project has been found to be categorically exempt under Class 1
(Section 15301); and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on April
25, 2017, 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: The Height Variation for the proposed addition over 16' in height is
warranted because:
A. The Planning Commission finds that the applicant has complied with the Early
Neighbor Consultation process established by the City. The applicant obtained 22
signatures from properties within 500 feet (44%) and 12 signatures within 100 feet
(85%), and there are no active homeowners associations for this property.
B. The Planning Commission finds that the proposed addition that is above sixteen
feet 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 a city-designated viewing
area. The subject property is not located within the City's Coastal Specific Plan. As
such, the proposed structure will not significantly impair a view which has been
defined in the City's General Plan, Coastal Specific Plan, or a public trail.
C. The Planning Commission finds that the proposed structure is not located on a ridge
or promontory. The proposed structure is on a site that is not located on a ridge or
prominent mass of land that overlooks or projects onto a lowland or body of water
on two sides.
D. The Planning Commission finds that the area of a proposed 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. Some residences located in the immediate
neighborhood have distant views to the north of the Los Angeles basin and the city
lights. The neighboring properties which have views over the subject site are located
approximately 25' higher in elevation. Due to the topography, lot configuration and
orientation of the second story addition, no portion of the addition over 16'-0" will
affect views from the viewing area of neighboring properties including the properties
located at 4843 and 4849 Blackhorse Road.
E. The Planning Commission finds that the proposed project does not result in any
view impairment from the viewing area of another parcel. Even if view impairment
exists from the viewing area of another parcel, the proposed addition that is above
sixteen feet in height is designed and situated in such a manner as to reasonably
minimize the impairment of a view.
F. In evaluating the impacts of a similar project as the proposed project on parcels
adjacent to the subject property (26608, 26604, 26602, and 26600 Honey Creek
Rd) which is located to the west of the project and within the City of Rancho Palos
Verdes, there would not be any potential for significant cumulative view impairment
caused by granting the proposed project given similar topographic and lot
orientations as the subject site.
P.C. Resolution No. 2017-14
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G. The Planning Commission finds that the proposed structure complies with all other
Code requirements, including the development standards and guidelines of the RS-
4 zoning district, including but not limited to, lot coverage and setbacks.
H. The Planning Commission finds that the proposed addition is compatible with the
immediate neighborhood character in terms of the scale of surrounding residences,
architectural style, and bulk and mass. The resulting structure size for the proposed
project will be minimally larger than the neighborhood average (2,759 sq. ft.), but
still within range of the immediate neighborhood at 3,665 square feet (garage
included). The proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The proposed project includes multiple breaks and
articulation in the façade with the use of a mansard roof, a porch, and the materials
to minimize possible bulk and mass impacts as seem from all vantage points. As
there is no uniformity in terms of architectural style and materials in the immediate
neighborhood, the proposed Dutch Colonial style residence will not be incompatible
with the neighborhood as it includes building materials found on other structures in
the neighborhood.
I. The Planning Commission finds that the proposed addition to an existing structure
that is above 16' will not result in a privacy infringement to abutting residences to
the north and west than what already exists because the proposed windows are
located in the same general area as existing windows on the second floor. As for
the neighbors to the south and southwest, since these properties are located on pad
elevations that are approximately 25-feet higher than the subject property, the
proposed windows along the south façade will not create privacy impacts because
of the limited line-of-sight associated with the grade differential.
Section 2: The Planning Commission finds that the Site Plan Review with Foliage
Analysis for the proposed first story additions and covered patio areas are warranted
because the proposed project complies with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-4 zoning district. No existing foliage on the subject property significantly impairs the
protected view from any surrounding properties. The proposed skylights on the roof create
adverse lighting impacts to the abutting upslope properties and therefore not approved.
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-
14, approving a Height Variation and Site Plan Review with Foliage Analysis for the
construction of a 624 square foot addition to the lower and upper floors at an overall height
of 23'-0" and a 138 square foot covered front porch to an existing two-story residence,
subject to the Conditions of Approval in the attached Exhibit 'A'.
P.C. Resolution No. 2017-14
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Section 4: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. A $2,275 appeal fee must
accompany any appeal letter. Any appeal letter must be filed within 15 calendar days of the
date of this decision, or by 5:30PM on Wednesday, May 10, 2017. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30PM on Wednesday, May 10, 2017.
PASSED, APPROVED, AND ADOPTED this 25th day of April 2017, by the following vote:
AYES: Commissioners Emenhiser, Nelson, Tomblin, Chairman Cruikshank
NOES: Commissioner Bradley, Leon, Vice Chairman James
ABSTENTIONS: None
RECUSSALS:None
ABSENT: None
111
John ikshank
Chairman
Ara Mihranian,
Director of Community Development, and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
HEIGHT VARIATION & SITE PLAN REVIEW WITH FOLIAGE ANALYSIS
CASE NO. ZON2015-00328
4803 BLACKHORSE 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
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. 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. 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.
5. Pursuant to Section 17.78.040, 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 be considered a revision and require approval by the final body that
approved the original project, which may require new and separate environmental
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review and public notification.
6. 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.
7. 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 Section 1.16 of the City's Municipal Code.
8. 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 Director.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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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.
14. 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.
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.
16. Exterior residential lighting shall comply 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. For all grading, landscaping and construction activities, the applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. Prior to the issuance of building permits, the applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule 445
and the City Municipal Code requirements regarding wood-burning devices.
19. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's geologist prior to Building Permit issuance.
20. If 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, the applicant shall provide temporary construction fencing, as
defined in Section 17.56.050(C) of the Development Code.
Project Specific Conditions:
21. This approval shall allow for the following improvements:
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a. A 64 square foot first story addition to the front facade;
b. A 560 square foot second story addition to the front and south facades;
c. A 138 square foot covered front porch; and,
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
22. The height of the approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the maximum height extend above a height
of 22'-6", as measured from the highest elevation of the existing grade covered by
the structure (elev. 706.35') to the highest proposed roof ridgeline (elev. 728.93');
and 23'-0", as measured from the lowest finished grade adjacent to the structure
(elev. 705.93') to the highest proposed roof ridgeline (elev. 728.93'). 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.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 24.57% lot coverage.
24. The approved residence shall maintain setbacks of 321.91'front, 32.25' north side,
41.35' south side, and 26' rear.
25. The approved chimney shall not exceed the minimum height required for
compliance with the Uniform Building Code.
26. The approved light weight concrete shake roof shall be of a brown or slate color as
deemed acceptable by the Director of Community Development prior to Building
Permit issuance.
27. Skylights are prohibited on the roof.
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