PC RES 2009-010 P.C. RESOLUTION NO. 2009-10
A RESOLUTION OF THE PLANNING COMMISSION F THE
CITY OF RANCHO P LOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, MINOR GRADING
PERMIT & SITE PLAN REVIEW (PLANNING CASE
. ZO 2008-00266) FOR THE CONSTRUCTION F A 1,540
SQUARE FOOT ADDITION TO THE REAR
RESIDENCE,A 31 SQUARE FOOT ADDITION TO THE FRONT
F THE RESIDENCE AND 30 CUBIC YF GRADING
(CUT) AT 29 OCEANAIRE DRIVE.
WHEREAS, on May 19, 2008, the property owner, Young Li, submitted applications for
Planning Case No. ZON2008-00266 for a Height Variation, Minor Grading Permit and Site Plan
Review to construct an 1,540 square foot first floor addition and a 780 square foot second floor
addition to the existing residence. The application also requested approval for 30 cubic yards of
excavation beneath the proposed addition. On May 27, 2008, the application was deemed
incomplete due to missing information within the project application; and,
WHEREAS, on October 17, 2008, the application for Planning Case
No. ZON2008-00266 was deemed complete by Staff; and,
WHEREAS, between November 1, 2008 and December 1, 2008, Staff received four
comment letters from the neighbors relaying concerns with view impairment and bulk and mass
issues; and,
WHEREAS, on December 1, 2008, Staff informed the property owner of the neighbors'
concerns and the property owner noted that they would like to consider revising the design of
their home; Staff informed the property owner of the Permit Streamlining Act deadline to render
a decision by December 15, 2008 and noted revised plans would need to be submitted prior to
December 15, 2008 unless an extension was granted to the City by the property owner to extend
the Permit Streamlining Act by 90 days; and,
WHEREAS, on December 9, 2008, the property owner granted a 90-day extension of
time and waiver of the Permit Streamlining Act requirement (pursuant to Government Code
Section 65980)for a decision by the Director of Planning, Building and Code Enforcement; and,
WHEREAS, on February 9, 2009, the property owner submitted revised plans and
applications for a Height Variation and Minor Grading Permit whereby the revised plans
eliminated the second floor addition; and,
WHEREAS, on February 12, 2009, Staff completed an initial review of the revised plans,
at which time the application was deemed incomplete for processing, thereby nullifying the
Permit Streamlining Act extension granted on December 9, 2009; and,
WHEREAS, on March 23, 2009, Staff deemed the project complete for processing,
thereby establishing a new Permit Streamlining Act deadline, due to expire on May 21, 2009;
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, Minor Grading Permit
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 15303(x)); 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
April 28, 2009, 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 factwith respect
to the application for a Height Variation to allow the construction of a 1,540 square foot addition
at the rear of the residence which exceeds 16'-0" in height:
A. The applicant has complied with the Early Neighbor Consultation process established by
the City by obtaining property owners' acknowledgement signatures from 90% of the
property owners within a 100-foot radius of the subject property and 32% percent of the
property owners within a 500-foot radius of the subject property.
B. The Height Variation is warranted since the proposed addition which 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 a public viewing area or viewing site, as
defined by the General Plan.
C. The Height Variation is warranted since the proposed 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 tract. The tract is not located on a ridge
or a promontory, as defined in the Municipal Code.
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 of the subject property and the relative elevations
of nearby residences.
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
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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, physical
development in the area and single-story appearance from the residential neighborhood,
the project does not create view impairment and it does not contribute towards
cumulative view impairment.
F. The proposed addition complies with all other Code requirements, including the RS-2
zoning district development standards with respect to lot coverage and setbacks, and the
off-street parking requirements for single-family residences.
G. The proposed addition 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 materials and design of the proposed addition would
maintain the architectural style found on the existing residence and within the immediate
neighborhood while the proposed materials and design elements would minimize the
bulk and mass of the new addition.
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.
Section 2: The Planning Commission finds that a Minor Grading Permit for 30 cubic
yards of cut is approved because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot, which is single-family residential because the grading would be
limited to only a small area beneath the proposed addition.
B. The proposed grading and/or related construction does not significantly adversely affect
the visual relationships with nor the views from the "viewing area" of neighboring
properties. The applicant is proposing to grade down to accommodate the proposed
addition at the rear the proposed addition which would not significantly adversely affect
the visual relationships with, nor views from neighboring residential.
C. There is no grading outside of the footprint of the proposed addition,therefore the visible
natural contours and finished contours of the property would not be affected.
D. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence of
natural landscape or wildlife habitat on the property.
E. The grading conforms to the City's standards for grading on slopes and height of cut as
the grading would not occur on an extreme slope(greater than 35% slope)or on a slope
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that exceeds a 50% gradient.
Section 3. The Planning Commission finds that the 31 square foot addition to the
front of the residence shall be approved through a Site Plan Review as the addition would not
increase the lot coverage or front yard setback for the property and would not significantly alter
the appearance, design or compatibility of the residence as seen from the public right-of-way.
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)(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 April 28,
2009, the date of the Planning Commission's final action.
Section 6: 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, Minor Grading Permit and Site Plan Review(Planning Case No. ZON2008-00266)for
the construction of a new 1,540 square foot addition to the rear of the residence, a 31 square
foot addition at the front of the residence and 30 cubic yards of grading beneath the proposed
addition for the property located at 29 Oceanaire Drive, subject to the conditions of approval in
the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 28th day of April, 2009 by the following vote:
AYES: Commissioners Knight, Ruttenberg, .Tetreault, Tomblin, Vice Chair Perestam
and Chair Lewis
NOES: None
ABSTENTIONS: None
ABSENT: None
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P.C. Resolution No. 2009-10
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E HI IT m
CONDITIONS F APPROVAL FOR
PLANNING CASE NO. ZON2008-00266
(Li, 29 Oceanaire 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 ANI 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 40% lot coverage (35% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (46'-0"existing, no change)
Side 5 feet(10=0"existing, no change for west side setback& 12'-
0"proposed for east side setback)
Rear 15 feet (49'-8"proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 3-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.
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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.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Grading Permit Conditions:
18. Only 30 cubic yards of grading (cut) is approved for this project in order to
accommodate the new addition at the rear of the residence.
19. Grading shall only occur beneath the footprint of the addition.
Height Variation Conditions:
20. The new residence shall maintain a maximum height of 22'-7", as measured from
the lowest finished grade adjacent to the building foundation/slab to the highest
ridgeline of the residence, and 17'-3", 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. LICENSED
CIVIL ENGINEER OR SURVEYORH LL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDINGOFFICIAL
FOR REVIEWL PRIOR TO ROOF FRAMING/SHEETING
INSPECTION.
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