PC RES 2007-009 P.C. RESOLUTION NO. 2007-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AND
SITE PLAN REVIEW (Z N2006-00447) TO CONSTRUCT A 781
SQUARE FO T ADDITON TO THE FIRST AND SECOND FLOOR OF
AN EXISTING TWO-STORY RESIDENCE at 6774 VERDE RIDGE
ROAD.
WHEREAS, on August 29, 2006, the applicant submitted an application for a Height
Variation and Site Plan Reivew (Case No. ZON2006-00447), a request to construct a 489
square foot single-story addition in the rear yard and a 292 square foot second story addition
above the garage in the front yard of the existing two-story residence; and,
WHEREAS, on December 11, 2006, the applications for Height Variation and Site Plan
Review were 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 Height Variation and Site Plan Review, will 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 noticed issued on January 11, 2007 pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on February 13, 2007, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. That the approved project includes the construction of a 489 square foot
single-story addition in the rear yard and a 292 square foot second story addition above the
garage in the front yard of the existing two-story, 2,782 square foot residence.
Section 2: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city by obtaining 27% of the
signatures within a 500 foot radius and 100% of the signatures within a 100 foot radius of the
project site.
Section 3: That the Height Variation is warranted since the proposed addition that is
above 16' in height does not significantly impair a view from public property (i.e. 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. Specifically, while
Hesse Park is located south of the subject property and has an ocean view to the west a view of
the Malibu coastline to the north. Given the location of the proposed project, neither the ocean
view nor the view of the Malibu coastline from Hesse Park will be impaired.
P.C. Resolution No. 2007-09
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Section 4: That the Height Variation is warranted since the proposed additions are
not located on a ridge or a promontory. Specifically. the subject property is located within a fully
developed single-family residential tract that is not located on a ridge or a promontory, as
defined in the Development Code.
Section 5: That the Height Variation is warranted since the proposed addition to the
existing structure that is above 16' in height, when considered exclusive of existing foliage, does
not significantly impair a view form the viewing area of another parcel. Specifically, views in the
area are to the west (ocean) and north (Malibu coastline). The proposed addition is on the north
side of the existing two-story structure with a proposed ridgeline that does not exceed the
current highest point of the structure. As such, any northerly view of the Malibu coastline is not
being further impaired by the proposed second story addition since such a view is already
obstructed by the existing two-story portion of the residence. Furthermore, the homes on Verde
Ridge Road slope down with the street in an east to west direction. Viewing areas from the first
floor of neighboring structures towards the street are already being impaired by the immediate
adjacent neighbor's main structure. Thus, the second story addition in the front yard does not
significantly impair any westerly ocean views.
Section 6: That the Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. Specifically, since the project
does not create view impairment, it does not contribute towards cumulative view impairment.
Section 7: That the Height Variation is warranted since the proposed additions
comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes
Municipal Code.
Section 8: That the Height Variation is warranted since the proposed additions are
compatible with the immediate neighborhood character. Specifically, based on the analysis of
the area, it is found that the proposed resulting structure is consistent with the immediate
neighborhood in regards to architectural style, mass and bulk, number of stories, roof design,
scale, orientation, setbacks, open space, texture, color, and building materials.
Section 9: That the Height Variation is warranted since the addition to the existing
structure that is above 16' in height does not result in an unreasonable infringement of the
privacy of the occupants of abutting residences. Due to the second story addition being located
in the front yard of the existing residence, the only visual observation of abutting neighbors is of
their front yard. Since the neighbors' front yard is already visible from the public right-of-way,
the proposed second story addition does not create unreasonable privacy infringement.
Section 10: That the Site Plan Review for the single-story, 489 square-foot addition in
the rear yard is warranted since it with the Development standards in Title 17 of the Municipal
Code.
Section 11: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, February
28, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on February 28, 2007.
P.C. Resolution No. 2007-09
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Section 1 ; For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Height Variation and Site Plan Review to allow for the construction of a
489 square foot single-story addition in the rear yard and a 292 square foot second-story
addition above the garage in the front yard of the existing two-story residence (Case No.
ZON2006-00447); 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 13th day of February 2007, by the following vote:
AYES: Commissioners Karp, Lewis, Ruttcnberg, Tctrcaults Vicom Chairman
Gerstner, Chairman Knight
NOES: Commissioner Peres
ABSTENTIONS: Moue
ABSENT: None
ChJ' Knight,
airman
Joels, AICP
Direc or f Planni uilding
and a Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2007-09
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Exhibit
"A"
Conditions of Approval
Case No. 2006-00447 (Height Variation and Site PlanReview)
6774 Verde Ridge Road
General
1. Approval of this Height Variation and Site Plan Review 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.
2. The approval shall become null and void after 180 days from the date of 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.
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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. 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. Trucks and other construction vehicles
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 above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. 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 asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
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9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Height Variation and Site Plan Review
10. This Height Variation and Site Plan Review allows the construction of a 489 square foot
single story addition in the rear yard and a 292 square foot second story addition above
the garage in the front yard of the existing two-story residence.
11. The height of the additions shall not exceed the measurements shown on the stamped
plans, approved by the Planning Department. The maximum height of the second story
addition in the front yard shall not exceed 25', as measured from the point where the
lowest foundation or slab meets the finished grade, to the ridgeline or highest point of
the structure. BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED
CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
12. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 15'
rear, and 5' sides. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
13. The approved project shall maintain 48%, but in no case shall exceed 50% maximum lot
coverage.
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.
15. A foliage analysis conducted by staff revealed no existing foliage that significantly
impairs the protected view form any surrounding properties.
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