PC RES 2006-058 P.C. RESOLUTION NO. 2006-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2004-
00571), FOR A PROPERTY LOCATED AT 1946 UPLAND
STREET.
WHEREAS, on October 27, 2004, the Applicant submitted a Height Variation
application requesting approval to remodel the existing first floor and add a second story to
create a 4,916 square-foot residence. Staff completed an initial review of the application on
November 23, 2004, at which time the application was deemed incomplete due to missing
information on the project plans; and,
WHEREAS, the project went through several revisions including a change of
architect, thus, a new Applicant submitted plans on May 10, 2006; and,
WHEREAS, the new plans requested approval to remodel the existing first floor and
add a second story to create a 4,865 square-foot structure; and,
WHEREAS, these plans were deemed incomplete by Staff on May 30, 2006, which
was followed by a submittal of additional information on July 10, 2006; and,
WHEREAS, on July 14, 2006, Staff deemed the plans generally complete for further
processing; 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 October 10, 2006 at which time all interested parties were given opportunities to
be heard and present evidence; and,
WHEREAS, at said meeting, the Planning Commission approved a continuance of
the public hearing of this case in order for the Applicant to revise the project to address non-
compatibility issues of size, bulk and mass; and
WHEREAS, on November 9, 2006, the Applicant submitted revised plans that
addressed the Planning Commission's issues of concern by reducing the project's square
footage by 788 square feet and modifying the bulk and mass of the structure; thus, creating
a 4,077 square-foot single-family residence.
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(D (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,
P.C. Resolution No.2006-58
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WHEREAS, on November 28, 2006, the Planning Commission held a duly noticed
public hearing at which time all interested parties were given opportunities to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Saction I., That the approved project includes the remodeling of the existing
1,903 square-foot home (plus garage) with the addition of 686 square feet to the habitable
portion of the first floor and a 258 square-foot addition to the garage. The construction shall
also include the addition of a new 1,230 square-foot second story, which will result in a
4,077 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
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 5: 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(8) of
this Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel.
Section 6: 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 7: 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.
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action The Height Variation is warranted since the proposed addition is
8'8:.
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 9: 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.
action 10® 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, by submitting grounds for the appeal, in writing, and with the appropriate appeal
fee, no later than December 13, 2006.
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 Planning
Commission of the City of Rancho Palos Verdes hereby approves the Height Variation to
allow for the remodeling and expansion of the first floor and addition of a second story to
create a 4,077 square-foot single-family residence (Case No. ZON2004-00571); 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 28th day of November 2006, by the following
vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Bill Gerstner,
Vice Chairman
J of
Jae of , AicP
Dir ctor f Plannin Building
L
anUefEnforcement
P.C. Resolution No.2006-58
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2 06-5 )
Height Variation (Case No. ZON2004-00571)
1 The approval of a Height Variation is to allow for the remodeling of the existing 1,903
square-foot home (including garage) along with the addition of 686 square feet to the
habitable portion of the first floor and a 253 square-foot addition to the garage. The
construction shall also include the addition of a new 1,230 square-foot second story,
which will result in a 4,077 square-foot single-family residence (with garage).
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 November 9, 2006.
8. 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 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.
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.
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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 23.04', as measured from the
lowest finished grade adjacent to the building foundation/slab (99.14') to the highest
ridgeline of the residence (122.18'); and 20.37' as measured from the highest
elevation of the existing building pad covered by the structure (101.81 ) to the
highest ridgeline of the residence (122.18').
14. To maintain views of San Pedro Harbor, the Vincent Thomas Bridge, and the Pacific
Ocean, foliage to be planted in the front-yard setback shall not exceed 16 feet in
height or the ridgeline of the first story, whichever is lower.
15. Unless modified by a future City approval, the residence shall maintain the proposed
26'-10" front-yard setback; 77'-2 1/2" rear-yard setback; 6'-6" westside setback; and
6'-9 '/2" eastside setback.
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