PC RES 2006-024 P.C. RESOLUTION NO. -24
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHOPALOS VERDES APPROVING, IT
CONDITIONS, EI HT VARIATION (CASE ® Z 05-
0 3 ), FOR PROPERTY LOCATED AT 30612 VIA RIVERA.
WHEREAS, on December 9, 2005, the Applicant submitted a Height Variation
application requesting to construct a 548 square foot addition to an existing 3,402
square-foot single-family residence. On January 6, 2006, 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 February 22, 2006, 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
March 2, 2006; and,
WHEREAS, The property owner agreed to grant a one-time 90-day extension to
the action deadline from May 2, 2005 to August 2, 2006; 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 3 (Section 15303); 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 April 8, 2006 at which time all interested parties were given opportunities to
be heard and present evidence; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May
9, 2006, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the construction of a 548 square
foot addition to an existing 3,402 square-foot single family residence (with garage).
Section 2. The Height Variation is warranted since the Applicant has complied
with the early neighborhood consultation process established by the City by obtaining
P.C. Resolution No. 2006-24
Page 1 of 5
signatures from 100 percent of the landowners within 100 feet and 25 percent of the
total number of landowners within 500 feet.
Section 3: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height does not significantly 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. Due to the location of the site and the
topography in the area, the proposed structure is not visible from a public viewing area
or viewing site, as defined by the General Plan.
Section 4: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height 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 6: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height, as defined in Section
17.02.040(5) of this Chapter, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. As a flag lot, the
subject property is recessed behind the properties fronting Via Rivera, thus, the
proposed project is not located between nearby/adjacent properties and protected
views. Furthermore, the properties located on Calle de Sueno have a sufficient
elevation difference, such that the proposed project does not encroach into their view
frame.
Section 6: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height, does not create a view
impairment from the viewing area of another parcel.
Section 7. 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
does not create a view impairment from nearby properties, it does not contribute
towards cumulative view impairment.
Section 8: 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 addition is
compatible with the immediate neighborhood character. Based on an analysis of the
P.C. Resolution No. 2006-24
Page 2 of 5
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. Due to existing foliage in the area
and the location of the second floor addition, the portions of structure that are above
sixteen feet will not create 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 May 24, 2006.
Section 12: 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 548 square foot addition to an existing 3,402
square-foot single-family residence (Case No. ZON2005-00636); 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.
PASSED, APPROVED AND ADOPTED this 9th day of May 2006, by the following vote:
AYES: Chairman Knight, Vice Chairman Gerstner, Commissioner Ruttenberg,
Commissioner Tetreault, Commissioner Perestam, and Commissioner Lewis
NOES:
ABSTENTIONS:
ABSENT: Commissioner Karp
m Kni
C irm
hairma
Joel
r oja,
, A
1CP
Direct�r or Plan d
ing, ouilding and Code Enforcement; and,
ectaryto
thening Commission
P.C. Resolution No. 2006-24
Page 3 of 5
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2006-24)
Height Variation (Case No. Z 20 5- 0 36)
1. The approval of a Height Variation is to allow for the construction of a 548 square
foot addition to an existing 3,402 square-foot single-family residence (garage
included). More specifically, this approval allows the construction of a new
recreational room, laundry room, and wet bar. In addition, this approval allows a
120 square-foot covered balcony on the rear of the new second floor addition.
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, stamped
as received by the Planning, Building and Code Enforcement Department on
February 22, 2006.
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
P.C. Resolution No. 2006-24
Page 4 of 5
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
9. In the event that a Planning Department requirement and a Building and Safety
Department requirement are in conflict with one another, the stricter standard
shall apply.
10. All applicable permits required by the Building and Safety Department shall be
obtained by the Applicant prior to the commencement of construction.
11. Unless modified by a future City approval, the subject site shall maintain a
maximum lot coverage of 43 percent.
12. At least 50 percent 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.
13. The proposed residence shall not exceed a height of 25.1 feet, as measured
from the lowest grade adjacent to the building foundation/slab (98.8') to the
highest ridgeline of the residence (124.5'), and 24.7 feet, as measured from the
highest elevation of existing building pad covered by structure (123.9') to the
highest ridgeline of the residence.
14. Unless modified by a future City approval, the residence shall maintain the
existing 78.05-foot rear-yard setback, a 40.8-foot front-yard setback., a 5.4-foot
street-side setback, and an 8.8-foot interior-side setback.
15. Attic space over the recreation room shall not be used for human habitation or
occupation (e.g. a loft or play area) and the attic shall comply with all building
codes for such use.
P.C. Resolution No. 2006-24
Page 5 of 5