PC RES 2008-040 P.C. RESOLUTION NO. 2008-40
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYINGWITHOUT
PREJUDICE A HEIGHT VARIATION, GRADING PERMIT
AND CONDITIONAL USE PERMIT (PLANNING CA
4 Z 2007-0 593) FOR THE CONSTRUCTION OF
NEW, 6,507-SQUARE-FOOT 2-STORY SINGLE-FAMILY
RESIDENCE, INCLUDING AN ATT E , 1,118-SQUARE-
FOOT
8-5 1JA E-
F T SECOND DWELLINGIT,AND 245 CUBIC YD
F RELATED GRADING, LOCATED AT 5 C YIJ E LANE
WHEREAS, on December 10, 2007, the applicant, Laura Goddard, submitted an
application for Planning Case No. ZON2007-00593 for a height variation, grading permit
and conditional use permit to allow the construction of a neve, 2-story single-family
residence with an attached second dwelling unit on a vacant lot off Cayuse Lane near
Bronco Road; and,
WHEREAS, on June 17, 2008, the application for Planning Case
No. ZON2007-00593 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 denial of the requested height variation,
grading permit and conditional use permit would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303); 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 July 22, 2008, and August 12, 2008, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on August 12,2008,the Planning Commission reviewed the applicant's
proposal for a new 6,486-square-foot 2-story single-family residence and attached second
dwelling unit and Staff's recommendation of denial without prejudice on the basis of
neighborhood incompatibility and privacy impacts; directed the applicant to re-design the
project to address the size and scale, architectural style, apparent bulk and mass and
privacy impacts of the house; agreed with the applicant to a 90-day extension of the
decision deadline under the Permit Streamlining Act; and continued the public hearing to
October 14, 2008; and,
WHEREAS, on October 13, 2008,the applicant submitted revised project plans that
increased the overall size of the structure by twenty-one square feet (21 SF); shifted the
structure southwesterly on the lot; modified its architectural style, materials and roof
design; and reduced the total grading quantity to two hundred forty-five cubic yards
(245 CY); and,
WHEREAS, on October 14, 2008, the Planning Commission continued the public
hearing in this matter to October 30, 2008, without discussion; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code,the Planning Commission held a duly-noticed continued public
hearing on October 30, 2008, 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 Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a 6,507-square-
foot, 2-story single-family residence and attached second dwelling unit on the subject
property:
A. The proposed structure is incompatible with the immediate neighborhood character
in terms of its size, scale, bulk and mass. The immediate neighborhood is
comprised predominantly of one-story residences, ranging in size from 2,360 square
feet to 5,485 square feet, with an average structure size of 3,198 square feet. The
proposed project will result in a 6,507-square-foot overall structure size, which is
3,309 square feet (104%) larger than the average home and 1,022 square feet
(19%) larger than the largest home. The proposed residence would be the largest
home in the immediate neighborhood. Since the subject property is set back off a
private shared driveway and is well below the adjacent public right-of-way of Bronco
Road, it is most readily visible from the four (4) surrounding residences at 1, 3, 7
and 9 Cayuse Lane. The largest of these surrounding homes measures 3,060
square feet, which is less than half the size of the proposed project. As such, the
Planning Commission finds that the current proposal is still too large when
compared to surrounding residences. In terms of bulk and mass, although the
enclosed footprint of the proposed second floor is seventy-five percent(75%)of the
enclosed footprint of the proposed first floor, which is recommended in the City's
Neighborhood Compatibility Guidelines,this still leaves at least twenty five percent
(25%)of the building exterior consisting of 2-story facades,which creates an overall
boxy appearance for the house.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a grading permit for 245 cubic yards of grading for the
construction of the proposed single-family residence and attached second dwelling unit on
the subject property:
P.C. Resolution No. 2008-40
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A. The grading and/or related construction is incompatible with the immediate
neighborhood character. As discussed above in Section 1.A, the Planning
Commission finds that the proposed residence is not compatible with the character
of the immediate neighborhood in terms of the project's size, scale, bulk and mass.
Therefore,the Planning Commission cannot approve the requested grading permit
unless the project is redesigned to address the issue of neighborhood compatibility.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for a conditional use permit for an attached second dwelling unit
as a part of the proposed new single-family residence on the subject property:
A. Although the Planning Commission finds that the proposed second dwelling unit is
consistent with all of the required findings for the approval of a conditional use
permit, the second dwelling unit is also an integral part of the proposed project. As
discussed above in Section 1.A, the Planning Commission finds that the proposed
residence is not compatible with the character of the immediate neighborhood in
terms of the project's size, scale, bulk and mass. Therefore, the Planning
Commission cannot approve the requested conditional use permit unless the project
is redesigned to address the issue of neighborhood compatibility.
Section 4: 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),
17.60.060 and 17.76.040(H)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
fifteen (15) days following October 30, 2008, 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 denies without prejudice a height
variation, grading permit and conditional use permit(Planning Case No. ZON2007-00593)
for the construction of a new, 6,507-square-foot 2-story single-family residence, including
an attached 1,118-square-foot second dwelling unit, and 245 cubic yards of related
grading, located at 5 Cayuse Lane.
P.C. Resolution No. 2008-40
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PASSED, APPROVED, AND ADOPTED this 30th day of October 2008, by the
following vote:
AYES: Commissioners Gerstner, Knight, Ruttenberg, Tetreault and Tomblin,
Vice Chairman Lewis and Chairman Perestam
NOES: none
ABSTENTIONS: none
ABSENT: none
RECUSAILS: none
Step en Perestarn
Chairman
Jo '
S Roi AICP
Dir ctor fPlanninUuilding
0
anUdl Enforcement; and,
Secretary to the Planning Commission
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P.C. Resolution No. 2008- 40
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