CC RES 1997-095RESOLUTION NO. 97 -95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF HEIGHT
VARIATION NO. 826, AND THEREBY APPROVING A NEW
5,497- SQUARE -FOOT9 2 -STORY RESIDENCE ON AN EXISTING
VACANT LOT WITH A MAXIMUM HEIGHT OF 23.4' ABOVE
EXISTING GRADE, LOCATED AT 7460 ALIDA PLACE
WHEREAS, on July 9, 1996, the applicants, Mr. and Mrs. Leslie Kispal, submitted an
application for Height Variation No. 826 to allow a proposed new 5,497 2 -story single family
residence /garage with a total height of 23.4' above the highest point of existing grade to be
covered by structure instead of the required 16'; 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 Height Variation No. 826 would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
(Class 3, Section 15303); and,
WHEREAS, on June 13, 1997, the Director of Planning, Building and Code Enforcement
conditionally approved Height Variation No. 826 and mailed a notice of decision to all property
owners who responded to the initial 30 -day public notice; and,
WHEREAS, on June 27, 1997, an appeal of the Director's decision on Height Variation
No. 826 was submitted to the City by Jane C. Botello (7400 Alida Place), Avery Knapp (7435
Alida Place), Michael Tjong (7440 Alida Place), and Jimmy Naumovski (7420 Alida Place); 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 August 12,
1997 and September 9, 1997, at which time all interested parties were given an opportunity to be
heard and present evidence.
WHEREAS, on September 9, 1997, the Planning Commission adopted P.C. Resolution
No. 97 -45, denying the appeal and thereby approving Height Variation No. 826; and
WHEREAS, on September 23, 1997, an appeal of the Planning Commission's decision
on Height Variation No. 826 was submitted to the City by Jane C. Botello (7400 Alida Place),
Avery Knapp (7435 Alida Place), Michael Tjong (7440 Alida Place), and Jimmy Naumovski (7420
Alida Place); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes
Development Code, the City Council held a duly noticed public hearing on November 5, 1997, at
which time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining acknowledgement signatures from sixty percent (60 %) of the
property owners within a 500 -foot radius of the subject property.
Section 2: The structure 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 because there are no City- designated public viewing areas upslope from the subject
property which would be affected by the proposed project; and the subject property is not located
within the Coastal Specific Plan area.
Section 3: Due to the topography of the subject lot and the surrounding area, the subject
lot is not considered to be on a ridge. In addition, the lot is not located on a promontory since it
is not located along the coastal bluffs.
Section 4: The structure is designed and situated in such a manner as to minimize
impairment of a view as the tract slopes upward from the subject property and is served by a
central street of access. As such, the tract has been designed to minimize the impairment of a
view by preserving views of the ocean down the access street. Additionally, the architect has
designed the structure with an angled entry way that would give some property owners located
on the surrounding lots a better view while looking at the ocean, towards the northwest. Further,
the building pad will be lowered by up to 2.3' in some areas, thereby reducing the finished
elevation of the ridgeline and further minimizing the potential for view impairment.
Section 5: The proposed structure, when considered exclusive of existing foliage, does
not significantly impair a view from a viewing area of another parcel because Alida Place slopes
upward from the subject lot, and most of the other properties are located at a higher elevation
than the subject site. As such, there will be no significant view impairment caused by the
structure from these existing residences. Specifically:
From 7440 Alida Place, the subject site's allowable 16' building height is higher than the
horizon line as viewed from the balconies of 7440 Alida Place. As such, since the view would be
blocked by a 16' high structure, the view is not considered to be protected by the Code.
Therefore, the project would not result in significant view impairment from this property since the
view above 16' is of the sky.
From 7420 Alida Place, the ocean view, while looking towards the subject lot, is entirely
blocked by the existing residence located at 7440 Alida Place, which is between the subject lot
and 7420 Alida Place.
From 7400 Alida Place, which is located higher than the subject lot, only a small portion
of the proposed residence will be visible above the ridgeline of other residences. The proposed
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structure will be viewed entirely below the horizon line and impair only a small portion of the
existing ocean view, and is not considered to be significant.
From 7401 Alida Place, because the subject property is located at a substantially lower
elevation, only a small portion of the ridgeline would extend into the ocean view. Therefore, the
proposed structure will not significantly impair any views from 7401 Alida Place.
From 7435 Alida Place, which is located higher than the subject lot, the proposed structure
will be viewed partially below the horizon line and subsequently impair a small portion of the
existing ocean view. However, this view impairment is not significant because it will be minor in
scope and would be located in the extreme right hand side of the existing view from 7435 Alida
Place.
Section 6: There is no significant cumulative view impairment caused by granting the
application because although there is one additional vacant lot that is within the view -shed, which
is located on the southeast corner of Alida Place and Palos Verdes Drive West, the development
of a structure over 16' in height on this vacant lot may be significant in its own right and there are
no other lots which may also contribute to view impairment in the area. Therefore, the potential
for cumulative impairment resulting from the proposed project is not significant from the homes
located on Alida Place.
Section 7: The proposed structure complies with all other Code requirements, such as
open space and setback standards.
Section 8: The proposed structure is compatible with the immediate neighborhood
character for the following reasons: (1) although the proposed two -story structure, excluding the
garage, would be approximately 630 square feet (or 13 %) larger than the average home in the
surrounding area, the building articulation and other design elements will conceal the additional
square footage and make the new residence compatible with the surrounding neighborhood; and
(2), at a height of 23.4' from existing grade and 25.7' from finished grade, the proposed residence
would be similar in height to the other two -story homes within this development; and.(3), with
regards to lot coverage, the proposed project would result in 53.5% of open space, which is 3.5%
more open space than the minimum Development Code requirement (50% in an RS -4 zoning
district); and (4), the building footprint would be 3,123 square feet (including the three car
garage), which is compatible to the other structures in the area; and (5), the proposed project
contains some of the same elements that are found throughout the tract. For example, all of the
existing homes are either split -level or two story, similar to the proposed structure; and (6), the
proposed project, which would include smooth stucco finish and a Spanish clay tile roof, would
not introduce any new exterior materials to the area; and (7), the proposed structure respects the
minimum 20 foot front yard setback requirement which is consistent with the other existing homes
within this tract.
Section 9: The proposed structure does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences because the proposed project's driveway and
motor court, plus the adjacent neighbor's driveway provides a sufficient buffer (25' -33') between
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the proposed structure and existing neighboring structure that will provide a greater level of
privacy to the occupants of the abutting residence than if the proposed structure was constructed
at the minimum side yard setbacks (10' between structures). Additionally, since the proposed
bedroom and bathrooms tend to be more private areas than the living and dining rooms of the
adjacent residence (7440 Alida Place), privacy tends to be more of an issue for the subject
property owner then it may be for the adjacent property owner. As such, once completed, the
proposed residence will most likely utilize shades or blinds to enhance the privacy between the
two residences. Further, the project will include translucent windows in the bathrooms, and the
removal of one of the proposed bedroom windows which would have faced 7440 Alida Place.
Section 10: 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.
Section 11: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of the
City of Rancho Palos Verdes hereby denies the appeal of Height Variation No. 826, thereby
upholding the Planning Commission's action and approving a 5,497- square -foot, 2 -story single -
family residence, including garage, on an existing vacant lot at 7460 Alida Place, subject to the
conditions 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 5th day of Noverper, 1997.
ATTEST:
CINY CLERK
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 97 -95 was duly and regularly passed and adopted by the said City Council
at a regular meeting thereof held on November 5, 197. �
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR HEIGHT VARIATION NO. 826 (7460 Alida Place)
A. General Conditions:
1) Within thirty (30) days following adoption of this Resolution, 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 shall render this approval null and void.
2) Construction of the project shall substantially conform to plans as approved by the
City Council on November 5, 1997, which are identified as "Single Family
Residence, 7460 Alida Place, Rancho Palos Verdes, Ca. 90275 ", prepared by
"Russell E. Barto, AIA, Architect', and noted "Received August 25, 1997 Planning,
Building & Code Enf'.
3) Subject to review and approval by the Director of Planning, Building and Code
Enforcement, the bathroom windows along the East Elevation, which face towards
7440 Alida Place, shall be of a translucent glass. Additionally, there shall be no
bedroom window(s) that face east (towards 7440 Alida Place) in the bedroom
located at the southeast corner of the second story (above the first floor kitchen).
4) A minimum of 50% open space shall be maintained on the property.
5) A minimum of 50% of the required 20 foot front yard setback area shall be
maintained as landscaped area.
6) A minimum two car garage with a minimum interior dimension of 18 feet in width
and 20 feet in depth, shall be maintained for the storage of vehicles only.
7) In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply. Additionally, 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.
8) The construction site 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.
9) The approval of this height variation is contingent on the approval of Grading
Permit No. 1886 from the Planning Commission for earth movement in excess of
50 cubic yards.
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10) There are no trees on the subject property that impair views from any of the
nearby residences, therefore none of the vegetation on the subject lot needs to be
trimmed. However, in no way would this determination preclude or prevent a
property owner from filing a View Restoration Permit against the subject property
in the future.
11) The project shall comply with all conditions of approval from City Council
Resolution No. 88 -66 approved for Tentative Tract Map No. 46422.
12) Prior to issuance of a Certificate of Use and Occupancy, the applicant shall obtain
City approval of a Landscape Plan. All landscaping, according to such approved
plan, shall be installed within 90 days of issuance of the Certificate of Use and
Occupancy.
13) All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the RS -4
district development standards of the City's Municipal Code.
14) Failure to comply with and adhere to all of these conditions of approval may be
.cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
15) The hours of construction shall be limited to 7:00 AM to 7:00 PM, Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
16) All roof pitches shall be 3:12.
B. Prior to Pouring of Concrete for Building Footings:
17) Prior to pouring concrete for the building footings, the applicant shall provide a
Setback Certification which will ensure that the building setbacks as established
through the construction of the building are consistent with the setbacks
established through the plan approved by the Planning Commission. Said
Certification shall be provided to the Building Official by a licensed surveyor.
C. Prior to Building Permit final:
18) The maximum height of the two-story home, including roofing materials, shall not
exceed 23.4' (as measured from the highest elevation of existing grade covered
by the structure [276.8] to the highest point on the ridge) and 25.7' (as measured
from the finished grade adjacent to the lowest foundation [274.5] to the highest
point on the ridge). Therefore, the maximum ridge height elevation shall not
exceed: 300.2'. Prior to Building Permit final, the applicant shall provide to the
Building Official a RIDGE HEIGHT CERTIFICATION prepared by a licensed
surveyor.
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