CC RES 2007-052 RESOLUTION NO. 2007-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DENYING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION FOR THE CONSTUCTION OF AN 884
SQUARE-FOOT SINGLE-STORY ADDITION AND A 472 SQUARE-
FOOT SECOND STORY ADDITION TO AN EXISTING SINGLE-STORY
RESIDENCE LOCATED AT 4249 DAUNTLESS DRIVE.
WHEREAS, on February 27, 2007, the Planning Commission approved a Height
Variation and Site Plan Review (ZON2006-00240) application to allow an 884ft2 addition to the
first floor and a 472ft2 addition to the second floor to an existing single-story residence located at
4249 Dauntless Drive;
WHEREAS, on March 13, 2007, David Kuntzman submitted a timely appeal that
requested the City Council to modify the Planning Commission's approval requesting 1) that the
City Council modify condition No. 6 of `Exhibit A' to ensure that no windows of any type are
permitted on the westerly façade of the approved project; 2) that the City Council correct/clarify
the language of Section 9 of Resolution No. 2007-13 to be consistent with the Planning
Commission's approval; and 3) that the City Council instruct staff to provide a timely written
notice to the appellant of any proposed future project modifications that may be considered by
staff pursuant to Condition No. 4 of the Commission's approval and/or any other project
modifications.; 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 and Site Plan Review 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, on March 21, 2007, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider the appeal to the Height
Variation and Site Plan Review decision, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved Height Variation and Site Plan Review includes an
884ft2 addition to the first floor and a 472ft2 addition to the second floor to an existing single-
story residence located at 4249 Dauntless Drive.
Section 2: That the appeal is not warranted, since the Planning Commission
determined that the approved project does not create a significant privacy infringement to
adjacent neighbors since the applicant is not proposing any windows on the westerly façade.
Additionally, if windows were proposed on the westerly façade of the approved second floor, the
applicant may only be able to look into the second floor window of the appellant's residence.
Because indoor privacy can be protected by the owner of the neighboring property by installing
interior window treatments, such as curtains or blinds, greater weight is given to protecting
outdoor privacy than to protecting indoor privacy.
Section 4:, That the appeal is not warranted since the Municipal Code does not
require notification when minor changes to Planning Commission approved projects are
authorized by the Director. Major revisions to a project, such as installing windows on a portion
of the Planning Commission approved project that exceeds 16' in height requires Planning
Commission review at a duly noticed public hearing. However, minor revisions which include
but not limited to installing windows on a portion of the approved project that is within the by-
right height envelope of 16'/20' can be approved by the Director and does not require a noticing
procedure, provided such modifications achieve substantially the same results as the originally
approved project. As such, , to require that all future modifications that the applicant may
contemplate in the future be noticed to the appellant, if not required to do so by the City's
Development Code, would be unfair to the applicant as it would be subjecting him to a more
strict review process than other residents in the City.
Section 5: For the forgoing reasons, and based on information and findings
contained in the public record, including the staff reports, minutes, records of proceedings, and
evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes
hereby denies the appeal and upholds the Planning Commission's decision, as reflected in
Planning Commission Resolution No. 2007-13 approved by the Planning Commission on
February 27, 2007.
PASSED, APPROVED AND ADOPTED this 1st day of M. 107.
/ z 0
_Ahiggialatt
Mayor
Attest:
4 1
4 /
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2007-52 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on May 1, 2007.
C.
61417 ;
City Clerk
Resolution No. 2007-52
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Resolution No. 2007-52 - Exhibit"A"
Conditions of Approval
Case No. ZON2006-00240 (Height Variation and Site Plan Review)
4249 Dauntless Drive
General
1. Approval of this Height Variation and Site Plan Review 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.
2. The approval shall become null and void after 180 days from the date of 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.
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.
Said statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days
of the effective date of approval, which ever occurs first. Failure to provide said
written statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to
approve minor modifications to the conditions of approval and/or the approved
plans, provided such modifications will achieve substantially the same results as
would strict compliance with the original plans or conditions.
5. 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. Trucks and other
construction vehicles 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 above.
6. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
7. 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.
8. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
9. Prior to the commencement of construction, the applicant shall obtain all
applicable permits as required by the Building and Safety Division.
Resolution No. 2007-52
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Height Variation and Site Plan Review
10. This Height Variation and Site Plan Review allow the construction of an 884
square-foot, single-story addition and a 472 square-foot second story addition to
the front, side, and rear of an existing single-story residence.
11. The height of the additions shall not exceed the measurements shown on the
stamped plans, approved by the Planning Department. The maximum height of
the additions shall not exceed 17', as measured from the point where the lowest
foundation or slab meets the finished grade, to the ridgeline or highest point of
the structure. 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.
12. The approved project shall maintain the setbacks depicted on the stamped
approved plans, but in no case shall minimum setbacks be less than the
following: 20' front, 15' rear, and 5' sides. SETBACK 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 THE POURING OF FOUNDATIONS.
13. The garage shall maintain a minimum interior clearance of 18' (width) by 20'
(depth).
14. The approved project shall maintain 31%, but in no case shall exceed 45%
maximum lot coverage.
15. A foliage analysis conducted by staff revealed no existing foliage that significantly
impairs the protected view form any surrounding properties.
Resolution No. 2007-52
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