PC RES 2006-052 P.C. RESOLUTION NO. 2006-52
RESOLUTION OF THE L I COMMISSION OFTH
CITY OF RANCHOAL VERDES ITI ALLY
APPROVING A HEIGHT VARIATION ( L. NNI S
2006-00348) FOR THE CONSTRUCTION F 1,409-
SQUARE-FOOT
,409-
A E-F T 1ST- AND 2 ND-STORY ITI TO A
EXISTING 1-STORY SINGLE-FAMILY RESIDENCE,
LOCATED T 1808 VELEZ DRIVE
WHEREAS, on June 28, 2006, the applicants, Rick and Kate Gregory, submitted an
application for Planning Case No. ZON2006-00348 for a height variation to allow first and
second story additions to their existing 1-story single-family residence on a pad lot on Velez
Drive. On July 11, 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 July 31, 2006, the applicant submitted the remaining information to staff that was
needed to complete the application; and,
WHEREAS, on August 28, 2006, the application for Planning Case
No. ZON2006-00348 was deemed complete by Staff; 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 approval of the requested height variation
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Section 15301(e)(2)); 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
October 10, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW,THEREFORE,THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1 e The Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a 1,409 square-
foot one and two-story addition (548 s.f.-1St-story and 861 s.f.-2nd-story) to the existing 1-
story single-family residence on the subject property:
A. The applicant has complied with ,the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 25%of the property owners within a 500-foot radius of the subject property and
77% of the property owners within a 100-foot radius of the subject property.
B. 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.
C. 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.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel due to the orientation and relative elevations of nearby
residences.
E. 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 view impairment, it does not contribute towards cumulative view
impairment.
F. The proposed structure complies with all other Code requirements, including the RS-
2 zoning district development standards with respect to lot coverage and setbacks,
and the off-street parking requirements for single-family residences.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, including total square footage and lot
coverage of the residence; architectural styles, including facade treatments,
structure height, open space between structures, roof design, the apparent bulk or
mass of the structure, number of stories, and building materials; and front-, side-,
and rear-yard setbacks.
H. 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. The proposed addition is located on the front
P.C. Resolution No. 2006-52
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and east side of the subject residence. Further, clerestory windows will be used
along the east side of the second story in order to ensure adequate privacy, yet
allow light and air to the bedrooms. The windows at the front of the second story
only look towards the street and the front yards of the abutting properties. The
windows to the rear and west side of the residence are setback far enough from the
property lines to allow for adequate privacy. As such the proposed structure does
not result in an unreasonable infringement of privacy of the occupants of abutting
residences.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following October 10, 2006, the date of the Planning Commission's final action.
Section 3: 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 conditionally approves a Height
Variation (Planning Case No. ZON2006-00348) for the construction of 1,409-square-foot
1St- and 2nd-story additions to an existing 1-story single-family residence, located at 1808
Velez ®rive, subject to the conditions of approval in the attached Exhibit W.
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PASSED, APPROVED, AND ADOPTED this 10th day of October 2006, by the following
vote:
AYES: Gerstner, Knight, Karp, Lewis, Perestam, Ruttenberg, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: None
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P.C. Resolution No. 2006-52
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EXHIBIT 'A'
CONDITIONS F APPROVAL FOR
PLANNING CASE NO. ZON2006-00348
(Gregory, 1 Velez rive)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, 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 listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within
the public rights-of-way.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
4. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including but
not limited to height,setback and lot coverage standards.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
6. If the applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within one hundred eighty days (180)of the
final effective date of the Notice of Decision, approval of the project shall expire and
be of no further effect unless, prior to expiration, a written request for extension is
filed with the Department of Planning, Building and Code Enforcement and approved
by the Director.
7. 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.
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8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of the Notice of Decision.
9. The construction site and adjacent public and private properties and streets 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks 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 in this condition.
11. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage (45.8% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (23=9"proposed for the second floor)
Side 5 feet(6=2"proposed for the first floor& 11'-7"proposed for
the second floor)
Rear 15 feet (40'-8"feet proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
14. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
15. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
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16. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval
of the City's Building Official and shall be placed in a location that will minimize
disturbance to the surrounding property owners.
17. No more than 50% of any existing interior and exterior walls or existing square
footage may be removed or demolished.
18. No grading is approved or allowed under this permit approval.
19. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
20. This approval is for a 1,409 square-foot 2-story addition to the existing 1-story
single-family residence, consisting of a 548 square-foot 1St-floor addition, and a 861
square-foot 2"d-floor addition at the front and east side of the residence. The
additions will include an enlarged formal entry and a new master bedroom suite at
the first floor, and two new bedrooms, one bathroom and an open TV/computer
room at the second floor. BUILDING AREA CERTIFICATION IS REQUIRED, and
shall be provided by a licensed land surveyor or civil engineer prior to building permit
final.
21. The maximum ridgeline of the approved project is 24.75', as measured from the
lowest adjacent grade and 23.5', as measured from the highest adjacent grade.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION H LL BE SUBMITTEDTO THE CITY'SBUILDING FICI L
FOR REVIEWPP V L PRIOR TO ROOF FRAMING/SHEETING
INSPECTION.
22. The property owner shall provide and maintain clerestory windows along the east
side of the second story addition, per the stamped and approved plans. These
windows shall be located a minimum of 6 feet in height, as measured from the top of
the second story floor to the bottom of the window(s).
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