CC RES 2011-087 RESOLUTION NO. 2011-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN APPEAL AND
OVERTURNING THE PLANNING COMMISSION'S DECISION
AND APPROVING SITE PLAN REVIEW AND HEIGHT
VARIATION (PLANNING CASE NO. ZON2010-00331) TO
CONSTRUCT A 131 SQUARE FOOT SINGLE STORY
ADDITION AND A 1,139 SQUARE FOOT SECOND STORY
ADDITION AT THE PROPERTY LOCATED AT 6530 LA
GARITA.
WHEREAS, on September 20, 2010, the property owners, Mr. and Mrs. Magalnic,
submitted a Height Variation and Site Plan Review Permit application to the Community
Development Department for review and processing requesting approval to construct a 131
square foot first-floor addition and a 1,467 square foot second story addition. On
September29, 2010, Staff completed the initial review of the application, at which time the
application was deemed incomplete due to missing information on the project plans; and,
WHEREAS, after the submittal of multiple revisions to the project, Staff deemed the
application complete on December 16, 2010; 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 Height Variation
and Site Plan Review applications would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15303(e)(2)); and,
WHEREAS, On February 8, 2011, the Planning Commission held a duly noticed
public hearing to consider the submitted application, at which time all interested parties
were given an opportunity to be heard and present evidence. Based on the design
originally presented to the Planning Commission, Staff was recommending denial of the
project due to bulk and mass issues, view impairment to nearby residents along Santona
Drive and potential privacy impacts to the abutting neighbors to the east and west of the
subject property. Staff indicated that some minor modifications to the design of the project
would likely mitigate the compatibility, view and privacy impacts to a less than significant
level. The Planning Commission agreed with Staff's analysis, and continued the public
hearing to April 26, 2011 to allow the applicant additional time to re-design the project; and,
WHEREAS, on April 26, 2011, a revised design was presented to the Planning
Commission based on direction from the Planning Commission on February 8, 2011 to
lower the roofline 4'-0", reduce the second story setback from the front, sides and rear, and
reduce potential privacy impacts to adjacent neighbors. Staff presented the revised design
to the Planning Commission with a recommendation of approval. After considering the
revised design and additional information presented by neighbors at the April 26, 2011
meeting, the Planning Commission voted to deny the project on a 4-1-1 vote (with
Chairman Tomblin dissenting, Commissioner Gerstner abstaining and Commissioner
Knight absent) and directed Staff to return to the May 10, 2011 Planning Commission
meeting with the appropriate resolution; and,
WHEREAS, on May 10, 2011, the Planning Commission adopted P.C. Resolution
No. 2011-21; thereby formally denying, without prejudice, Height Variation and Site Plan
Review(Case No. ZON2010-00331)to construct a 1,250 square foot second story addition
and 131 square foot first story addition to the existing single-story residence on a 2-0-2
vote (with Commissioners Gerstner and Knight abstaining, and Commissioners Emenhiser,
Leon and Lewis absent); and,
WHEREAS, on May 24, 2011, a representative for the property owner at 6530 La
Garita, David Moss, submitted a timely appeal of the Planning Commission's decision to
deny the proposed second story addition. The appeal letter stated the grounds of the
appeal; and,
WHEREAS, on July 14, 2011 Staff mailed notices fora City Council appeal hearing
to 107 property owners within a 500-foot radius from the subject property, providing a 30-
day time period for the submittal of comments and concerns. In addition, a Public Notice
was published in the Peninsula News on July 14, 2011; and,
WHEREAS, on August 16, 2011, the City Council opened the public hearing and
approved the Appellant's request to continue the public hearing to October 18, 2011; and,
WHEREAS, on October 18, 2011, a revised design was presented to the City Council
at the continued public hearing. After considering the revised design and the testimony
and evidence that was presented at the public hearing, the City Council voted to
approve the appeal and overturn the Planning Commission's decision, thereby
approving a Site Plan Review and Height Variation to construct a 131 square foot
single-story addition and a 1,139 square foot second story addition at the property
located at 6530 La Garita Drive; and,
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The Height Variation is warranted since the applicant has complied
with the Early Neighbor Consultation process established by the City by obtaining
signatures from a minimum of 70% (72%obtained)of the property owners within a 100 foot
radius and the signatures from a minimum of 25% (29% obtained)of the property owners
within a 500 foot radius.
Resolution No. 2011-87
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Section 2: The Height Variation is warranted since the proposed two-story
residence, which exceeds sixteen feet in height, does not significantly impair a view from
public property (parks, major thoroughfares, bike ways, walkways or equestrian trails),
which have been identified in the City's General Plan or Coastal Specific Plan, as City-
designated viewing areas. No City-designated viewing areas overlook the subject property
due to the topography in the area and the location of the subject property.
Section 3: The Height Variation is warranted since the proposed two-story
addition that exceeds sixteen feet in height is not located on a ridge or promontory. The
subject property is located within a fully developed single-family residential neighborhood,
on an existing pad lot and does not overlook any other single-family residences. The
residence is not located on a ridge or a promontory, as defined in the Municipal Code.
Section 4: The Height Variation is warranted because the portions of the new
residence which exceed sixteen feet in height, when considered exclusive of existing
foliage, do not significantly impair views of the Pacific Ocean, coastline views, distant
mountain views or distant city light views from the viewing area of another parcel due to the
location of the proposed residence, orientation of the neighboring homes and topography
in the surrounding neighborhood. Furthermore, the proposed revised project does not
cause a significant view impairment to the property located at 6517 Certa Drive. A view
analysis was conducted from a standing position in the primary viewing area of the
residence (the dining room)just inside the sliding glass doors, facing the direction of the
ocean, and the ocean was not easily visible. More specifically, the evidence presented in
the record regarding an alleged view impairment as seen from the `viewing area' was not
easily discernable because the ocean could only be seen when standing in the far corner
of the dining room and turning one's head 90 degrees to the left to catch a glimpse of the
ocean view.
Section 5: The Height Variation is warranted because the proposed project that is
above 16'-0" in height is designed in a manner as to reasonably minimize the impairment of
a view. Specifically, the properties located at 28070 and 28063 Santona incurred view
impairment as a result of the originally designed project presented at the February 8, 2011
Planning Commission meeting, albeit not significant. The applicant redesigned the project
by reducing the overall height from 25'-0"to 21'-0", as measured from the preconstruction
(existing) grade at the highest elevation of the existing building pad area covered by the
structure to the highest point of the structure, to further reduce the insignificant view
impairment caused by the project.
Section 6: The Height Variation is warranted because no significant cumulative
view impairment would be caused by granting the application. More specifically, an
analysis was conducted assessing the amount of cumulative view impairment that would
Resolution No. 2011-87
Page 3 of 5
be caused to neighboring properties if a similar addition, such as the proposed project,
were constructed on the following adjacent properties: 6538 La Garita, 6524 La Garita,
6525 Certa and 28073 Acana. It was determined that an addition to one of the other
residences listed above (in addition to the project proposed at the subject property)would
create some minor view impairment. However, the impairment would not be significant
because the additions would be located at the lower portion of the view frame and would
not project above the horizon line which allows a majority of the ocean view to remain
unobstructed. As such, the cumulative impairment would not be significant.
Section 7: The Height Variation is warranted as the proposed addition complies
with all other Code requirements, including the RS-4 zoning district development standards
with respect to lot coverage and setbacks, and the off-street parking requirements for
single-family residences. Furthermore, due to the fact that the applicant is not proposing to
demolish more than 50% of the existing interior and exterior walls,the existing 14'-8"front
yard setback may be maintained.
Section 8: The Height Variation is warranted because, as redesigned, the
proposed façade treatments, structure height, open space between structures, roof design,
and appearance of bulk and mass of the second story is compatible with the surrounding
neighborhood. While a majority of the homes located within the immediate neighborhood
are single-story,there is one existing 3,497 square foot,two-story home located within the
20 closest analyzed homes, at 28070 Ella Road. With respect to the proposed second
story addition, the applicant has reduced the square footage of the structure and provided
a number of setbacks along the second story façade to provide articulation from all sides of
the structure, thereby increasing the open space between structures and reducing the
appearance of bulk and mass.
Section 9: The Height Variation is warranted because the proposed structure that
is above 16'-0" in height does not result in an unreasonable infringement of the privacy of
the occupants of abutting residences. More specifically, windows are not proposed along
the second-story east facing façade; one transparent clerestory window is proposed along
the west facing façade; the windows along south facing façade will have a transparent
clerestory window with a "hopper" tilt-in opening on the top portion of the window, and a
fixed and opaque pane on the bottom portion of the window. To ensure reasonable
protection of the privacy of abutting neighbors, a Condition of Approval was added to
require the bottom of the transparent clerestory windows along the south and west second-
story facades to be a minimum of 5'-6", as measured from the bottom of the window to the
adjacent finished second floor. In addition, the sliding windows that are required for
emergency egress will be opaque and will face the interior of the project as opposed to the
rear yard of the subject property, thereby limiting the visibility into neighboring properties if
the windows were open.
Resolution No. 2011-87
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Section 10: The requested Site Plan Review application for 131 square feet of
first floor addition meets the appropriate development code standards related to lot
coverage, building height and setbacks for the RS-2 zoning district.
Section 11: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 1st day of Nove : -r 201 .
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2011-87 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on November 1, 2011.
ateL
City Clerk
Resolution No. 2011-87
Page 5 of 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2010-00331
(Magalnic, 6530 La Garita)
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 listed below. 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 any construction 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 the Notice of
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
Director and approved by the Director.
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 the Notice of Decision.
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 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. 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.
13. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through 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. Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the
permitted hours of construction stated in this condition.
14. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (39% proposed) and the following
setbacks from the applicable property lines:
First Floor Setbacks
Front 20'-0"feet(14'-8"existing, no change)
East Side 5'-0"feet (8'-6"existing, no change)
West Side 5'-O"feet (7'-O"existing, no change)
•
Rear 15'-0"feet (40'-3"existing, no change)
Resolution No. 2011-87
Exhibit A
Page 2 of 4
Second Floor Setbacks
Front 42'-7"
East Side 10'-6"
West Side 9'-0"(south half of 2nd story façade); and
11'-1"(north half of 2nd story façade)
Rear 40'-3"
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
16. A minimum 2-car garage shall be provided, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9 feet in
width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
17. 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.
18. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
19. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval of
the City's Building Official and shall be placed in a location that will minimize
disturbance to the surrounding property owners.
20. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to the commencement of construction.
21. Prior to 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.
Height Variation Conditions:
22. This approval is for the construction of a 131 square foot first floor addition and a
1,139 square foot second floor addition to the existing 1,807 square foot single-story
Resolution No. 2011-87
Exhibit A
Page 3 of 4
residence and garage. Upon completion of the proposed addition, the square footage
of the residence would be 3,077 square feet, including the garage.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to building permit final.
23. The new residence shall maintain a maximum height of 21'-4", as measured from the
preconstruction (existing) grade at the highest elevation of the existing building pad
area covered by the structure (elevation 99'-8") to the highest point of the new second
floor addition.
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.
24. The chimney shall not exceed the minimum height required for compliance with the
Uniform Building Code.
25. The east side of the second story shall not have windows.
26. The one (1) window that is proposed along the west side of the second story shall be
clerestory with a "hopper" tilt-in opening. The bottom of the clerestory window frame
shall not be less than 5'-6" as measured from the interior second story floor.
27. The second story windows located along the south facing façade of the second story
shall be fixed and opaque. Directly above each fixed window, a clerestory window with
a "hopper" tilt-in opening is permitted. The bottom of the clerestory window frames
shall not be less than 5'-6" as measured from the interior second story interior floor.
28. The windows required for emergency egress near the south side of the residence shall
face the interior of the residence, as depicted on the plans that were presented to and
approved by the City Council.
29. The Applicant shall submit revised plans incorporating all of these conditions of
approval prior to submission of an application for a Building Permit.
Resolution No. 2011-87
Exhibit A
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