CC RES 2004-100RESOLUTION NO. 2004 -100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DENYING AN APPEAL, THEREBY UPHOLDING THE
PLANNING COMMISSION'S APPROVAL OF A SITE PLAN REVIEW
(CASE NO. ZON2003- 00280), FOR PROPERTY LOCATED AT 5
ROCKINGHORSE ROAD.
WHEREAS, on May 29, 2003 the applicant submitted an application for a Site
Plan Review (Case No. ZON2003- 00280) requesting to construct 3,174 square feet of
first -story additions to the existing 2,423 square foot residence located at 5
Rockinghorse Road. On June 25, 2004, staff completed the initial review of the
proposed plans, at which time the application was deemed incomplete due to missing
information on the project plans and /or applications. The applicant submitted the
additional information to the City on February 12, 2004; and,.
WHEREAS, the Site Plan Review application was deemed complete by staff on
February 26, 2004; and,
WHEREAS, on March 4, 2004 the required public notice was mailed to property
owners within a 500' foot radius of the subject property and the required notice was
published in the Peninsula News on March 6, 2004; and,
WHEREAS, on April 26, 2004 the Director of Planning, Building and Code
Enforcement conditionally approved the requested application, and a Notice of Decision
was prepared and distributed to all interested parties; and,
WHEREAS, on May 12, 2004, within fifteen (15) days following the Director's
Notice of Decision, Ms. Rose Marie DiSanto, from 13 Cayuse Lane submitted an appeal
letter and the associated fee to appeal the Planning Director's decision to the Planning
Commission based upon the belief that the City should not have granted the approval of
the additions on a property containing fences in the roadway easement located to the
front of the subject property; 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 July 27, 2004, at which time all interested parties were given an opportunity
to be heard and present evidence.
WHEREAS, on July 27, 2004, after taking public testimony, the Planning
Commission denied the appeal, and approved the requested Site Plan Review, with one
additional condition of approval; and,
WHEREAS, on August 11, 2004, within fifteen (15) days following the Planning
Commission's Notice of Decision, Sunshine, from 6. Limetree Lane, filed a timely appeal
of the Planning Commission's decision, requesting that the City Council reconsider the
Planning Commission's approval of the Site Plan Review; 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 Regulation, 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 Case No. ZON2003 -00280
would have a significant effect on the environment and, therefore, the proposed project
has been found to be categorically exempt under Class 1 (Section 15303) since the site
is developed with a single - family residence and the proposed project consists of a minor
alteration to the existing structure on the subject property, with no significant additional
site disturbance; and,
NOW, THEREFORE, THE CITY CONCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council upholds the Planning Commission's conditional
approval of Site Plan Review (Case No. ZON2003- 00280), and finds as follows:
a) That the proposed additions comply with the RS -2 Residential
Development Standards in terms of setback, lot coverage, and height
requirements.
b) The proposed structure's scale is compatible with the scale of surrounding
properties, in that it will be within the range of the structure sizes found
within the twenty (20) closest properties, in that the apparent bulk and
mass will be compatible since the structure will remain a single story
structure and the flat front facade is a design found in the surrounding
residences.
c) The proposed structure's architectural style will be compatible with the
architectural style of the surrounding residences in that the proposed
residence will maintain a hip - pitched roof with clay -tile roofing materials,
wood siding and brick details and these are materials that are common in
the neighborhood.
d) The proposed structure's front, side and rear yard setback will be
compatible with the setbacks found in the surrounding properties since
most homes in the immediate neighborhood are smaller than the
proposed residence, the neighboring lots are comparable in size to the
subject property, and the proposed project will maintain the required
setbacks for lots created after the City's incorporation, which is larger than
other lots in the immediate neighborhood.
Resolution No. 2004 -100
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Section 2: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
Section 3: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings (dated
April 20, 2004, July 27, 2004, and November 26, 2004), the City Council of the City of
Rancho Palos Verdes hereby denies the appeal, thereby upholding the Planning
Commission's conditional approval of the Site Plan Review Case No. ZON2003 -00280
to allow the construction of 3,174 square feet of first -story additions to the existing 2,423
square foot residence; subject to the conditions of approval contained in Exhibit "A ",
attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area.
PASSED, APPROVED, AND ADOPTED this 16th day of November
Attest:
City INerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
04.
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2004 -100 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on November 16, 2004.
Q sat
110 Clerk
Resolution No. 2004 -100
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Resolution No. 2004 -100 - Exhibit "A"
Conditions of Approval
Site Plan Review
Case No. ZON2003 -00280
1. 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. Failure to provide said
written statement within ninety (90) days of the effective date of approval shall render this
approval null and void.
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 Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved preliminary plans or any of the conditions if such modifications
shall achieve substantially the same results as would strict compliance with said plans and
conditions.
4. Approval of Site Plan Review Case No. ZON2003 -00280 is for the construction of a 3,174
square foot first -story addition to the existing residence. PRIOR TO THE ISSUANCE OF
CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE
DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE
BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL
ENGINEER OR SURVEYOR SHALL BE SUBMITTED.
5. The proposed structure shall maintain the following minimum setbacks:
Front:
20' -0"
(proposed: 20' -2 ")
West Side:
10' -0"
(proposed: 22' -8 ")
East Side:
10' -0"
(proposed: 27'-0")
Rear:
20' -0"
(proposed: 20' -0 ")
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT AND THE BUILDING OFFICIAL, FRONT AND REAR YARD SETBACK
CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE
SUBMITTED.
6. - The proposed structure shall not exceed 15.98' in height, as measured from the point where
the lowest foundation meets finished grade (111.97'), and 15.25', as measured from the
highest grade covered by structure (112.70') to the top of the proposed ridge (127.45').
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION, BY A
CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED.
Resolution No. 2004 -100
Exhibit A
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7. The subject property shall not exceed a maximum lot coverage of forty (40) percent, as
required by the RS -2 zoning district (proposed 38.6 %).
8. All structures located within the required twenty (20) foot front yard setback area shall not
exceed a height of forty -two (42) inches in height.
9. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent
landscaped.
10. The proposed garage must maintain an unobstructed ground space of no less than eighteen
(18) feet in width by twenty (20) feet in depth, with a minimum of seven (7) feet of vertical
clearance over the space.
11. No improvements shall be permitted on "extreme slopes" (35% or greater).
12. Based on a site visit, Staff found that there is no foliage on the subject property that exceeds
sixteen (16) feet in height and significantly impairs views from neighboring properties.
Therefore, Staff finds that no foliage shall be removed under this application request.
13. The project shall substantially conform to the plans stamped approved with the effective
date of this approval.
14. 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.
15. The construction site and 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 is not 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.
16. In the event that a Planning requirement and a Building & Safety requirement are in conflict
with one another, the stricter standard shall apply.
17. No grading is approved or allowed under this permit approval.
18. All applicable soils /geotechnical reports required by the Building and Safety Division shall be
obtained by the applicant and approved by the City's geologist prior to building permit
issuance.
19.All applicable permits required by the Building and Safety Division shall be obtained by the
applicant.
20. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT, the applicant shall remove all existing fences and ivy from the road and
utility easement located to the front of the subject property.
Resolution No. 2004 -100
Exhibit
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