PC RES 2005-038 P.C. RESOLUTION NO. 2005-36
RESOLUTION F THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOSVERDEVERDES APPROVING, WITH
CONDITIONS, A HEIGHTV I TI N (CASE NO. 2005®
0 296), FOR PROPERTY LOCATED AT 41 CAYUSE LANE.
WHEREAS, on May 24, 2005, the applicant submitted a Height Variation
application requesting to construct a 772 square foot one-story addition and a 623
square foot two-story addition to an existing 3,069 square foot two-story residence,
resulting in a 4,464 square foot two-story residence (garage included). On June 10,
2005, staff completed the initial review of the application, at which time the application
was deemed incomplete due to missing information on the project plans. On June 20,
2005, the applicant submitted the remaining information to staff that was needed to
complete the application; and,
WHEREAS, the Height Variation application was deemed complete by staff on
July 19, 2005; and,
WHEREAS, pursuant to State Government Code No. 65957, the City's decision
deadline for the project is September 16, 2005; 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 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, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on August 23, 2005 at which time all interested parties were given opportunities
to be heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1:1 That the approved project includes the construction of a 772 square
foot one-story addition and a 623 square foot two-story addition to an existing 3,069
square foot two-story single-family residence.
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
40% and 100% of the owner signatures within 500' and 100' of the subject site,
respectively.
P.C. Resolution No. 2005-38
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Section 3: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height does not 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 City-
designated viewing areas. There are no public property viewing areas, as designated
within the General Plan, within the vicinity of, or that look over, the subject site.
Section 4: The Height Variation is warranted since the proposed structure is
not located on a ridge or promontory. The subject property is located within a fully
developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code.
Section 5: The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of this
Chapter, when considered exclusive of existing foliage, does not impair a view from the
viewing area of another parcel. If the viewing area is located in a structure, the viewing
area shall be located in a portion of a structure which was constructed without a height
variation permit or variance, or which would not have required a height variation or
variance when originally constructed had this section, as approved by the voters on
November 7, 1989, been in effect at the time the structure was constructed, unless the
viewing area located in the portion of the existing structure which required a height
variation permit or variance constitutes the primary living area (living room, family room,
dining room or kitchen) of the residence. Views in the area are towards the north, west
and east and primarily consist of the Los Angeles basin. In conducting a view analysis,
it is noted that the other properties in the area that can view across the site either do not
benefit from a view from this portion of the property due to the location of other
structures or there is sufficient elevation difference so the proposed addition does not
encroach into the view frame. The proposed addition does not extend into a view
corridor of another parcel.
Section 6® The Height Variation is warranted since if view impairment exists
from the viewing area of another parcel but it is determined not to be significant, as
described in Section No. 5, the proposed new structure that is above sixteen feet in
height or addition to an existing structure that is above sixteen feet in height is designed
and situated in such a manner as to reasonably minimize the impairment of a view. As
noted in Section 5, the proposed project does not create a view impairment
Section 7m The Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment that
would be caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height; and (b) considering the
amount of view impairment that would be caused by the construction on other parcels of
similar new structures or additions that exceed sixteen feet in height. Since the project
P.C. Resolution No. 2005-38
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does not create a view impairment, it does not contribute towards cumulative view
impairment.
Section : The Height Variation is warranted since the proposed addition
complies with all other code requirements, in as much as the proposal meets all
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code.
Section 9: The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character. Based on an analysis of the
area, it is found that the proposed structure is consistent with the character of the
immediate neighborhood with respect to architectural style and materials, bulk and
mass, number of stories, structure size, front, side, and rear yard setbacks, and open
space between structures.
Section 10: The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences.
Section 11: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such
appeal must be filed with the City, in writing, and with the appropriate appeal fee, no
later than September 7, 2005.
Section 1 ® 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 approves the Height
Variation to allow for the construction of a 772 square foot one-story addition and a 623
square foot two-story addition to an existing 3,069 square foot two-story single-family
residence (Case No. ZON2005-00296); subject to the conditions contained in Exhibit
W, attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area.
P.C. Resolution No. 2005-38
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PASSED, APPROVED AND ADOPTED this 23rd day of August 2005, by the following
vote:
AYES: KNIGHT, GOLIDA, MUELLER, KARP, PERESTAH
NOES: NONE
ABSTENTIONS: NONE
ABSENT: TETREAULT,GERSTNER
',T�Paul Tetreauit,
Chairman
JoI R 'as, AIC
Di ecto of Pla g, Building and Code Enforcement; arid,
Se ry to the Planning Commission
P.C. Resolution No. 2005-
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2005-38)
Height Variation (Case No. ZON2005-00296)
1. The approval of a Height Variation is to allow for the construction of a 772 square
foot one-story addition and a 623 square foot two-story addition to an existing
3,069 square foot two-story single-family residence. More specifically, the
addition will consist of a 733 square foot single-story addition, a 39 square foot
expansion of the existing garage and a 623 square foot second-story addition.
The project also includes a 100 square foot expansion of an existing 275 square
foot deck, to be located above the proposed first-story addition, to the rear of the
existing structure.
2. Approval of this Height Variation 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.
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.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
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.
5. 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.
6. 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.
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8. 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
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asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
9. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
11. The approved project shall maintain a maximum 40% lot coverage. (Proposed:
17%)
12. The proposed addition shall not exceed a height of 26' height limit, the proposed
addition will have a maximum height of 25'-2"', as measured from the lowest
grade adjacent to the building foundation/slab (379.60') to the highest ridgeline of
the addition (404.37 ), and 16-11", as measured from the highest elevation of
existing building pad covered by structure (389.04') to the highest ridgeline of the
residence.
BUILDING HEIGHT TIFIG Tl IS REQUIRED. A LICENSED CIVIL
ENGINEERV Y LL PREPARE THE CERTIFICATION.
CERTIFICATION A,LL BE SUBMITTEDTO THE CITY'S BUILDING
OFFICIAL FOR REVIEWN PP V L PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
13. The proposed structure shall maintain the following minimum setbacks:
15' rear (existing: 100'+)
5' south side (existing: 9'-10")
5' east side (proposed: 13')
20' front (existing: 20')
14. At least 50% of the existing interior and exterior walls or existing square footage
of the structure shall be retained by the approved project. Otherwise, any
nonconformities existing at the time of planning approval shall be corrected as a
part of the project.
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