PC RES 2007-039 P.G. RESOLUTION NO, 2007-39
RESOLUTION FT E PLANNING COMMISSIONFT E
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, (CASE . Z 2007-
07) FOR THE CONSTRUCTION OF A 104 SQUARE
FOOT SECOND-STORY ADDITION TO THE FRONT OF A
EXISTING 3,581 SQUARE FOOT,TWO-STORY RESIDENCE
IN THE -4 ZONING I T 1 T, LOCATED T 6408
SEABRYN DRIVE.
WHEREAS, on January 4, 2007, the property owner, Parsa Barham, submitted
applications for Planning Case No. ZON2007-00007 for a Height Variation to allow a
second-story addition to the front of the existing two-story residence on Seabryn Drive. On
January 19, 2007, Staff completed the initial review of the application, at which time the
application was deemed incomplete due to missing information on the project plans; and,
WHEREAS, on January 21, 2007, the application for Planning Case
No. ZON2007-00007 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
May 22, 2007, 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: The Height Variation to allow the construction of a 104 square foot
addition at the front of the existing two-story residence is warranted because:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 35% of the property owners within a 500-foot radius of the subject property and
72% of the property owners within a 100-foot radius of the subject property.
B. The proposed two-story addition that exceeds 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. Specifically, due to
the location of the property and the topography in the immediate area,the proposed
structure is not visible from the a public viewing area or viewing site, as defined by
the General Plan.
C. The proposed second-story addition that exceeds sixteen feet in height is not
located on a ridge or promontory as defined in the Municipal Code.. The subject
property is located within a fully developed single-family residential neighborhood,
on an existing pad lot.
D. The proposed new addition 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 location of the proposed addition and the
abundance of existing two-story residences in the neighborhood.
E. 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. Due to the location of
the two-story addition relative to the existing two-story residence and the existing physical
development in the area,portions of the structure that exceed 16'-0"in height do not create
view impairment and do not contribute towards cumulative view impairment.
F. The proposed structure complies with all other Code requirements, including the RS-4
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, bulk and mass. The square footage,
proposed lot coverage and setbacks are consistent with those of the surrounding
properties. The architectural style of the minor addition would be consistent with the
architectural style of the existing residence.
H. 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 as
no windows are proposed along the west or east sides of the addition.
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
P.C. Resolution No. 2007-39
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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 May 22, 2007, the date of the Planning Commission's final action.
Section : 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 (Case No. ZON2007-00007) for the construction of a new 104 square foot
second-story addition at the front of the existing two-story residence, located at 6408
Seabryn Drive, subject to the conditions of approval in the attached Exhibit W.
PASSED, APPROVED, AND ADOPTED this 22t day of May 2007, by the following vote:
AYES: Commissioners Karp, Knight, Lewis, Ruttenberg, Vice Chari Perestam. and
aft Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Tetreaul t
Bill Gerstner
Chairman
Joel of s, AIC
Direc or f Pla ni g, Building
and Code Enforcement; and,
Secretary to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING 4ZON2007-00007
(Barham, 64 ea n 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 year 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(41.7%proposed)and the following setbacks from
the applicable property lines:
Front 20 feet(16'-43/4" existing legal, non-conforming)
Front(2nd story) 20 feet(20'-9"proposed)
Side 5 feet (10'-5" proposed for the east side yard & 5'-8%2"
proposed for the west side yard)
Rear 15 feet(67'-0" existing and 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 provided, 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.
16. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
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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. 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:
18. This approval is for the construction of a 104 square foot second-floor addition at the
front of the existing two-story residence.
19. The residence shall maintain a maximum height of 19'-6", as measured from the
lowest finished grade adjacent to the building foundation/slab to the highest ridgeline
of the residence, and 19'-0", as measured from the highest elevation of the existing
building pad covered by the structure to the highest ridgeline of the residence.
BUILDING HEIGHT CTIFIC TI IS REQUIRED. A LICENSED CIVIL
ENGINEER V Y SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTEDTO THE CITY'S BUILDINGOFFICIAL
FOR REVIEWAND APPROVAL PRIOR TO ROOF FRAMING/SHEETING
INSPECTION.
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