PC RES 2008-028 P.C. RESOLUTION NO. 2008-28
RESOLUTION FT E PLANNING COMMISSIONFT E
CITY OF RANCHOPALOS VERDES ITI LLY
APPROVING HEIGHT VARIATION AND SITE
REVIEW(PLANNING CAS NO. z N20 -00092)FOR THE
CONSTRUCTION OF AN 89-SQUARE-FOOT 1-STORY
ADDITION AND 2,487-SQUARE-FOOT2-STORY ADDITION
TO AN EXISTING1,100-SQUARE-FOOT 1-ST Y SINGLE-
FAMILY
INGL -
FA ILY RESIDENCE, LOCATED AT 29102 HIGHMORE
AVENUE
WHEREAS, on February 20, 2008, the applicant, Robert Madden, submitted an
application for Planning Case No. ZON2008-00092 for a height variation and site plan
review to allow additions totaling 2,576 square feet to an existing 1-story single-family
residence on Highmore Avenue; and,
WHEREAS, on June 30, 2008, the application for Planning Case
No. ZON2008-00092 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 and
site plan review would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt (Section 15301); 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 August 12, 2008, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a 2,487-square-
foot 2-story addition to 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 25% of the property owners within a 500-foot radius of the subject property
and 75% of the property owners within a 100-foot radius of the subject property.
B. The proposed structure that is above sixteen feet in height does not significantly
impair a view from public property(parks, major thoroughfares, bikeways,walkways
or equestrian trails),which has been identified in the City's General Plan or Coastal
Specific Plan, as City-designated viewing areas because the subject property is not
directly overlooked by any park, major thoroughfare, bikeway, walkway or
equestrian trail identified in the City's General Plan as a City-designated viewing
area.
C. The proposed structure is not located on a ridge or promontory; rather, the subject
property is a graded pad lot surrounded by similar pad lots that were all created
when the neighborhood was originally graded and developed in the early 1950s.
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. The homes across Highmore Avenue to the west are on
pads that are higher than the subject property. Although the properties at 1835
Trudie Drive and 1836 Trudie Drive appear to enjoy limited harbor views over the
subject property, the portion of the proposed project in excess of the 16-foot height
limit only appears to infringe upon views of the sky above the ocean horizon and/or
developed properties in the immediate foreground. As such, given the topography
of the area and the orientation of surrounding homes, the portion of the proposed
project that is above sixteen feet (16'-0") in height results in no impairment of view
from the viewing area of another parcel.
E. There is no significant cumulative view impairment caused by granting the
application. The portion of the proposed project that is above sixteen feet(16'-0") in
height results in no view impairment, and similar additions to surrounding, adjacent
residences would result in no view impairment either.
F. With the exception of the existing, nonconforming 4Y2-foot southerly side-yard
setback that will remain, 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, including total square footage and lot
coverage of the residence; architectural styles, including facade treatments,
structure height, open space between structures, roof design, the apparent bulk or
mass of the structure, number of stories, and building materials; and front-, side-,
and rear-yard setbacks.
H. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences. There are no second-floor windows facing
toward the abutting property at 29108 Highmore Avenue. The proposed rear
balcony would only overlook the detached garage and driveway on the north side of
P.C. Resolution No. 2008-28
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the property at 29108 Highmore Avenue, but not the primary outdoor living area
(i.e., deck)at the rear of the residence,which is located toward the south side of the
property.
Section ® The Planning Commission makes the following findings of fact with
respect to the application for site plan review to allow the construction of an 89-square-foot
1-story addition and cantilevered front porch cover for the subject property:
A. The proposed 89-square-foot addition and cantilevered front porch cover fully
comply with the development standards for the RS-4 zoning district.
Section a 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)(j) 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 fee, no later than fifteen (15)days following
August 12, 2008, the date of the Planning Commission's final action.
Section 4: 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 and site plan review(Planning Case No. ZON2008-00092)for the construction of
an 89-square-foot 1-story addition and 2,487-square-foot 2-story addition to an existing
1,100-square-foot 1-story single-family residence, located at 29102 Highmore Avenue,
subject to the conditions of approval in the attached Exhibit 'A'.
P.C. Resolution No. 2008-28
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PASSED, APPROVED, AND ADOPTED this 12 to day of August 2008, by the
following vote:
AYES: Commissioners Gerstner, Knight, Ruttenberg and Tomblin,
Vice Chairman Lewis
NOES: Chairman Perestam
ABSTENTIONS: none
ABSENT: Commissioner Tetreault
RECUSALS: none
Step en Perestam
Chairman
Joel—"a , AICP
Direcr Planning, Building
and C e Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2008-28
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I°il IT "
CONDITIONS F APPROVAL FOR
PLANNING CASE NO. ZON2008-00092
(Madden, 29102 Highmore Avenue)
General Conditions;
1. Priorto 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 contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. 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.
3. This approval is for an 89-square-foot 1-story addition and 2,487-square-foot 2-story
addition to an existing 1,100-square-foot 1-story single-family residence. The
Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would strict compliance
with the approved plans and conditions. Otherwise, any substantive change to the
project shall require approval of a revision to the height variation and/or site plan
review by the Planning Commission and shall require new and separate
environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-4 district
development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, 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.
Otherwise, a height variation and/or site plan review revision must be approved prior
to further development.
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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
effective date of this Resolution.
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 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.
11. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall trim, thin and lace
the foliage of the existing tree near the northwesterly corner of the house, above an
elevation of sixteen feet (16'-0") above grade at the base of the tree.
Height Variation Conditions:
12. This approval is for a 2,487-square-foot 2-story addition at the rear of an existing
1-story single-family residence. BUILDING AREA CERTIFICATION REQUIRED,to
be provided by a licensed land surveyor or civil engineer prior to building permit
final.
13. The maximum ridgeline of the approved project is 119.00'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
14. The approved residence shall maintain setbacks of 20.0' front, 26.25' rear, 5.0'
interior (south) side and 10.5' street (north) side. BUILDING SETBACK
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to foundation forms inspection.
P.C. Resolution No. 2008-28
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Site Plan Review Conditions:
15. This approval is for an 89-square-foot 1-story addition and cantilevered porch cover
at the front of an existing 1-story single-family residence. BUILDING AREA
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to building permit final.
16. The approved project shall maintain a maximum of 50% lot coverage (44.4%
proposed).
17. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
18. No vertical supports shall be permitted for the approved front porch cover, which
may cantilever up to six feet six inches (6-6") into the required 20-foot front-yard
setback area. This condition may be waived by the Director in the event that the
future adoption of any overlay control district development standards applicable to
the subject property permit such vertical supports, provided also that all other
Development Code provisions are met.
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