PC RES 2009-009 P.C. RESOLUTION NO. 2009-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVINGA VARIANCE (Z 2009
00001) TO CONSTRUCT A 196 T2 ADDITION TO THE FRONT AND A
124FT2 ADDITION TO THE SIDE OF AN EXISTING TWO-STORY
RESIDENCE WITH A FRONT YARD SETBACK OF 149-7", LOCATED
AT 21 CRESTWIND DRIVE.
WHEREAS, on January 12, 2009, the applicant submitted a Variance application,
requesting to construct a 320ft2 addition to the front and side of an existing two story residence.
The proposed additions are designed with a 14'-7" front yard setback, wherein a 20' setback is
required; and,
WHEREAS, on March 2, 2009, the application for a Variance 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), Planning Commission found no evidence that the Variance will have a significant
effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice issued on March 2, 2009, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on March 24, 2009, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project involves a request to construct a 196ft2 addition
to the front and 124ft2 addition to the side of the existing residence with a front yard setback of
14'-7", wherein a 20'-0" setback is required. The proposed maximum height of the addition is
20'-0", as measured from the point where the lowest foundation or slab meets finished grade, to
the ridgeline or highest point of the structure.
Section 2m That the Variance is warranted since there are exceptional or
extraordinary circumstances or conditions applicable to the property involved, or to the intended
use of the property, which do not apply generally to other property in the same zoning district.
Specifically, the subject property has the smallest building pad area compared to the other 19
properties along Crestwind Drive due to the existing extreme slope in the rear, which is not
suitable for development. The extreme slope on the subject property takes up more than a third
of the total lot area and the flat area is already improved with a residence and a pool, leaving no
space except in the front yard for any improvement. The proposed addition will match the
existing front yard setback of 14'-7" and will not intensify the existing non-conformity.
Section 3: That the Variance is warranted since it is necessary for the preservation
and enjoyment of a substantial property right of the applicant, which right is possessed by other
P.C. Resolution No. 2009-09
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property owners under like conditions in the same zoning district. Specifically, 4 of the 20-
closest homes have a non-conforming front yard setback due to the comparable topography of
the site. Given that the subject property has a smaller building pad area; other comparable
properties have a non-conforming front yard setback and the applicant will not intensify the
existing non-conformity, granting the Variance to allow a modest improvement to the existing
homes is a right possessed by other property owners under like conditions in the same zoning
district.
Section 4s That the Variance is warranted since it will not be materially detrimental to
the public welfare or injurious to property and improvements in the area in which the property is
located. Specifically, granting of the Variance will not intensify the existing non-conforming 14'-
7" front yard setback. Given that other properties (4 of 20) within the immediate neighborhood
have a non-conforming front yard setback that is similar if not less than the subject property; the
non-conforming setback is a unique element resulting from a limited buildable area.
Additionally, improving the subject residence in a neighborhood with homes that were generally
constructed in 1960's will improve the quality of the housing stock in the area. Furthermore, the
existing parkway width when combined with the proposed setback of 14'-7" would result in a
driveway in excess of 20'-0" in length (25'-4%" total) and therefore ensure that vehicles parked
on the driveways will not cause any adverse impacts. As such, granting the Variance will
improve the neighborhood and therefore will not be materially detrimental to the public welfare
or injurious to property and improvements in the immediate area.
Section 5: That the Variance is warranted since granting the Variance will not be
contrary to the objectives of the general plan or the policies and requirements of the coastal
specific plan. Specifically, the applicant is proposing to improve and expand the existing home
in a manner that is consistent with other design elements and setbacks found in neighboring
properties. Granting the proposed request is consistent with the intent of the General Plan
because it does encourage the improvement of an existing residence which helps maintain the
local standards of housing quality and design.
Section 6: That the proposed project is compatible with the characteristics of the
immediate neighborhood in regards to architectural style, mass and bulk, size, open space and
setbacks. More specifically, the architectural style of the residence is eclectic; appearing as
what was originally a raised California Ranch blended in with a substantial Modern style addition
that occurred in 1996 according to the City's Building Permits. Although the predominate
architectural style of the immediate neighborhood is California Ranch, the proposed 320ft2
addition will not change the existing architectural style of the subject home. Given the modest
size, the applicants are proposing to utilize the same design and materials found in the existing
home and other homes in the immediate neighborhood. Additionally, a 2'-5" extension to
accommodate a 196ft2 addition along the front of the existing residence along with a 124ft2
addition to the side will not affect the overall scale, bulk and mass of the existing residence.
Furthermore, the subject residence will remain as a two story structure and the size of the
subject residence combined with the proposed addition of 320ft2 will not result as the largest
home in the immediate neighborhood. Moreover, the 2'-5" extension along the front of the
existing residence will match the existing non-conforming front yard setback of 14'-7" and will
not further intensify the non-conformity. The proposed addition to the side of the residence will
comply with all general setback requirements. The open space will reduce from 90.8% to
89.6%, which is substantially less than the minimum required open space of 60% and is
comparable to other properties in the immediate neighborhood.
P.C. Resolution No. 2009-09
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Section 7: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, April 8,
2009. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 PM on Wednesday, April 8, 2009.
Section 8m For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Variance for a 320ft2 addition with a reduced front yard setback of 14'-7"'
(Case No. ZON2009-00001).
PASSED, APPROVED AND ADOPTED this 24th day of March 2009, by the following vote:
AYES: CbhMiss4oners Knlghti.rpek- egghm, Ruttenberg, Tetreanit, Tomblin,
Vice Chairman Gerstner, Chairman Lewis
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Nome
rey Le " ,
Chairm
Joel Ioj4s, AI
Dire for f Plan g Building
and o Enfo ent; and,
Secretary of the Planning Commission
P.C. Resolution No. 2009- 09
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EXHI IT`A!
CONDITIONS OF APPROVAL FOR
CASE NO. 2009-00001
21 CRESTNND DRIVE
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 contained in this Resolution. 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 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 by the final body that approved the original project,
which may require new and separate environmental review.
5. 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.
6. 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.
7. 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 this Resolution,
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.
8. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
9. 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
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apply.
10. 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.
11. 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.
12. 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.
13. Maximum hardscape coverage within the front-yard setback area (20) shall be
maintained at maximum 50%.
14. 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.
15. All grading, 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 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.
Proiect Specific Conditions:
17. This approval allows the construction of a 320ft2 addition to the front of an existing
residence to accommodate the expansion of a garage, dining room and a new
entertainment room.
18. The height of the additions shall not exceed the measurements shown on the stamped
plans, approved by the Planning Department. The maximum height of the existing
residence shall not exceed 17'-6" (proposed additions shall not exceed 16'-0"), as
measured from the highest elevation of the existing building pad covered by structure to
the ridgeline; and 21'-6" (proposed additions shall not exceed 20'-0"), as measured from
the point where the lowest foundation or slab meets the finished grade, to the ridgeline.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
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BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL
PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
19. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (10.4% proposed) and the following
setbacks from the applicable property lines:
Front 14'-7" (proposed 14'-7")
Side 5'-0" (proposed 5'-0")
Rear 164"
SETBACK 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 THE POURING OF FOUNDATIONS.
20. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square
footage is demolished or removed within a two-year period shall be considered a new
residence and shall then conform to all current development standards for that zoning
district and the most recently adopted version of the Uniform Building Code.
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