PC RES 2007-055 P.C. RESOLUTION NO. 2007 56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VER ES CONDITIONALLY
APPROVING A HEIGHT VARIATION, (PLANNING CASE
® ZON2007-00085) FOR THE CONSTRUCTION OF A NEW
331 SQUARE FOOT SECOND-STORY ADDITION
WHEREAS, on February 20, 2007, the property owner, Li-Te Chen, submitted an
application for Planning Case No. ZON2007-00085 for a Height Variation to allow a new
second-story addition to an existing two-story residence. On March 5, 2007, Staff completed the
initial review of the application, at which time the application was deemed incomplete due to
missing information on the project; and,
WHEREAS, on May 12, 2007, the application for Planning Case No.ZON2007-00085
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 15303(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
June 12, 2007, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, at the June 12, 2007 Planning Commission meeting, the Planning
Commission continued the project to July 24, 2007, and granted a 90-day extension to the
Permit Streamlining Act, so that the applicant could redesign the project based upon concerns
expressed to the applicant by Staff, and,
WHEREAS, at the request of the Applicant, on July 24, 2007 the Planning Commission
continued the project to August 28, 2007; and,
WHEREAS, on August 28, 2007 the Planning Commission opened the public hearing to
review a redesigned project, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of factwith respect
to the application for a Height Variation to allow the construction of a 331 square-foot second-
story addition 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 71% of the
property owners within a 500-foot radius of the subject property and also 73% of the
property owners within a 100-foot radius of the subject property.
B. The Height Variation is warranted since the proposed second-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 Citydesignated viewing areas.
C. The Height Variation is warranted since the proposed second-story addition which
exceeds sixteen feet in height is not located on a ridge or promontory. The subject
property is located within a fully developed single-family residential neighborhood,on an
existing pad lot.
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 topography, surrounding land uses, and location of the
second-story addition.
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. Due to the topography and physical
development in the area portions of 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, architectural style and bulk and mass.The
square footage, proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The Spanish-colonial architecture would maintain the
architectural style found in the immediate neighborhood while the second-story setback
for the proposed addition would minimize the bulk and mass of the residence as seen
from the street and neighboring properties.
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.
P.C. Resolution No. 2007-55
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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 August 28,
2007, 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. ZON2007-00085) for the construction of a new 331 square foot
second-story addition above the existing garage that is setback 11 feet from the front fagade of
the existing two-story residence,subject to the conditions of approval in the attached Exhibit'A'.
PASSED, APPROVED, AND ADOPTED this2 t" day of August 2007, by the following vote:
AYES: Commissioner Karp, Knight, Lewis, Ruttenberg, Tetresnit, ®ice Chairman
Perestam
NOES: Bone
ABSTENTIONS: None
RECUSALS: None
ABSENT: Chairman Gerstner
Bill erstner
Chairman
Joe Rojas, AicP
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007-55
Page 3 of 6
XHI i g
CONDITIONS F APPROVAL FOR
PLANNING CASE NO. Z N2 -0 8
(Chen, 28445 Lomo, 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 Planning
Commission's 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.
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
P.C. Resolution No. 2007-55
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effective date of the Planning Commission 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 (31.4% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet (32'-0" proposed for the second-story addition above
the existing garage)
Side 5 feet(5-9"proposed for the north side yard&no change forthe
south street side yard)
Rear 15 feet(67'O"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.
Temporary portable bathrooms shall be provided on a construction site if required bythe
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.
P.C. Resolution No. 2007-55
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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 331 square foot second-story addition to the
existing two-story residence, above the existing garage. BUILDING AREA
CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR
SHALL PREPA RETHE CERTIFICATION.CERTIFICATION SHALL BE SUBMITTED
TO THE CITY'S BULNG OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO
BULDING PERMIT FINAL.
19. The new residence shall maintain a maximum height of 23'-0", as measured from the
lowest finished grade adjacent to the building foundation/slab to the highest ridgeline of
the residence, and 22'-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 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.
20. The second floor addition, located above the garage, shall be setback 32'-0" from the
front property line and 11'-0" from the front fagade of the existing two-story residence.
P.C. Resolution No. 2007-55
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