PC RES 2007-017 P.C. RESOLUTION NO. 2007-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CAE NO. 200600505,
HEIGHT VA I TI 984 SQUARE FOOT SECOND STORY
ADDITION AND A 145 SQUARE FOOT EXPANSION TO THE FIRST
FLOOR OF AN EXISTING STORY RESIDENCE, RESULTING IN A
3,702 SQUARE FOOT STRUCTURE MEASURING 22.93-FEET I
OVERALL HEIGHT, T PROPERTY L CATS T 28045 ELLA ROAD.
WHEREAS, on January 24, 2006, the Planning Commission denied without
prejudice Case No. ZON2005-00149, a Height Variation for a 2,067 square foot two-story
addition to an existing one-story residence resulting in a 4,640 square foot residence
measuring 25.31-feet in overall height. The project was denied without prejudice because
the Planning Commission concluded that the proposed residence was not compatible with
the immediate neighborhood, and to allow the applicant another opportunity to address the
concerns raised by the Planning Commission while not being constrained by a deadline to
submit a redesigned project; and,
WHEREAS, on September 18, 2006, Jerry Rodin, representing property owners
Edward Nizamian, submitted a new Height Variation application (hereinafter referred to as
ZON2006-00505), requesting approval forthe construction of a 2,110 square foot two-story
addition measuring 23.5-feet in overall height; and,
WHEREAS, on October 18, 2006, the project was deemed incomplete pending
submittal of additional information; and,
WHEREAS, on November 14 and 22, 2006, the applicant submitted additional
information and a modified project that included a 1,485 square-foot second story addition
and a 145 square foot expansion to the first floor. The project will result in a 4,230 square
foot, 2-story residence with a maximum overall height of 23'-6" as measured from the
lowest finish grade; and,
WHEREAS, the case was deemed complete by Staff on November 27, 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 Regulation, 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 Case No. ZON2006-00505 would have a
significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt under Class 1 (Existing Facilities) since the project involves an
addition to an existing residence; 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 January 9, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on January 9,2007,the Planning Commission continued the item to the
March 13, 2007 Planning Commission meeting to allow the applicant time to modify the
project; and,
WHEREAS, on February 1, 2007, the applicant submitted a revised plan that
includes a 984 square-foot second story addition and a 145 square foot expansion to the
first floor, and a maximum overall height of 22.93-feet as measured from the lowest finish
grade; and,
WHEREAS,the applicant modified the temporary silhouette to reflect the February
1, 2007 revised plans, and submitted certification of the silhouette on February 16, 2007;
and,
WHEREAS,on March 13, 2007, the Planning Commission continued the item to the
March 27, 2007 Planning Commission meeting at the request of the applicant, 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: The applicant has complied with the Early Neighborhood Consultation
process established by the City by, with Director approval, sending the proposed project
information by certified mail to all property owners with the 500-foot radius.
Section 2: The proposed new second-story addition does not significantly impair
a view from public property which has been identified in the City's General Plan or Coastal
Specific Plan as a City-designated viewing area because there are no such areas that
overlook the subject property.
Section : The property is not located on a ridge or promontory since the subject
property is located on a graded pad lot that was created when the surrounding
neighborhood was developed in a terraced manner.
Section 4: The proposed second story addition that is above sixteen feet in
height, when considered exclusive of foliage, does not significantly impair a view from the
viewing area of another parcel. During the initial application, Staff conducted view
analyses from the viewing areas of properties at 28031, 28037 and 28045 Acana Road.
Specifically, in relation to the view of the Pacific Ocean, the 16-foot height level is located
at the horizon line or slightly above the horizon line from these residences, resulting in
views that would be impaired by a structure that is built to the maximum permissible "by
right" height of 16-feet. Thus, there is no view of the ocean above the 16-foot height limit.
Section : As concluded above, there is no view of the ocean above 16-feet ;
thus, the proposed new structure that is above sixteen feet in height is designed and
situated in such a manner as to reasonably minimize impairment of a view.
P.C. Resolution No. 2007-17
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Section 6: There is no significant cumulative view impairment caused by granting
the application since there is no view impairment created from the proposed new second
story addition.
Section 7m The proposed addition complies with all other Code requirements in
that all the development standards of the RS-4 Zoning District are met and the minimum
setback requirements are exceeded.
action 8: The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roofing material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
neighborhood. Furthermore, the resulting size of the residence does not substantially
deviate from the characteristics in the immediate neighborhood and its appearance will not
be massive or bulky.
action 9a The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to window placement and a
screen wall along the north side of the balcony at the rear.
action 10: 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 Case No. ZON2006-
00505 for a Height Variation application, thereby allowing a new 984 square foot second
story addition and a 145 square foot expansion to the first floor, resulting in a maximum
overall height of 22.93-feet and resulting in a 3,702 square foot structure(garage included),
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.
Section 11® Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 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 April 11, 2007.
P.C. Resolution No. 2007-17
Page 3
PASSED,APPROVED,AND ADOPTED this 27th
day of March 2007, by the following vote:
AYES: Gerstner, Karp, Knight, Perestam, Ruttenberg, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Lewis
Bill Gerstner
Planning Commission Chairman
Joel .la , AICP
Direc or o Plannin wilding and
Code, n rcement; and, Secretary
f
to the anning Commission
P.C. Resolution No. 2007-17
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Exhibit
"A"
Conditions of Approval
Case No. Z 2006-00505
(Height Variation)
1. Prior to the submittal of plans into Building and Safety plan check,the applicant and/or
property owner shall submit to the City a statement, in writing, that they have read,
understand and agree to all conditions of approval contained in this approval. Failure to
provide said written statement within ninety(90)days following the date of this approval
shall render this approval null and void.
2. The approval shall become null and void after one year from the date of approval
unless the approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process.
3. Approval is for a new 984 square foot second story addition along the southern portion
of the existing one-story residence and a 145 square foot expansion to the first floor,
resulting in a total structure size of 3,702 square feet(including garage). SUBJECT T
REVIEWPP L BY THE BUILDING FFI IAL, A SIZECERTIFICATION
FOR THE SECOND STORY IS REQUIREDY A LICENSED LAND SURVEYOR
ENGINEER PR1 TO FRAMINGINSPECTION F THE STRUCTURE.
4. The following minimum setbacks shall be maintained:
Front yard: 20'-0" minimum (proposed: 40'-6")
Side yard: 5'-0" minimum (proposed: 23'-6" north side / 9'-8" south side)
Rear yard: 15'-0®' minimum (proposed: no change to existing)
5. The maximum overall height of the two-story addition shall be limited to 22.93-feet, as
measured from highest ridgeline of the second story addition to the lowest grade
elevation adjacent to the structure located at the northeast corner of the existing
garage. SUBJECTT E IEW AND APPROVAL BY THE BUILDING OFFICIAL,
RIDGEHEIGHT CTIFI TI IS REQUIRED BY A LICENSED LAND SURVEYOR
ENGINEEROR PRIOR TO INSTALLATION OF ROOF MATERIALS.
6. A minimum of two enclosed garage spaces shall be maintained,with each space being
individually accessed and each maintaining a minimum unobstructed dimension of 9-
feet-wide by 20-feet-deep by 7-feet-vertical clearance.
7. Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
8. Due to the subject property's location in the RS-4 zoning district, a maximum of fifty
(50%) percent lot coverage shall be allowed on the lot (proposed: no change to
existing).
P.C. Resolution No. 2007-17
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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.The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
11.The construction site and all adjacent private and public property 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 is not 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.
12.The maximum eave projection allowed into the required setback areas shall not exceed
6-inches for each 1-foot of required setback.
13.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. In
addition, neighborhood compatibility analysis will be required if not conducted as a part
of the original Planning approval.
14.The construction site shall be temporarily enclosed with a six(6®-0")foot high chain-link
fence during the length of construction of the residential structure.
15.The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
16.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 Condition No. 10 of this Resolution.
P.C. Resolution No. 2007-17
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