PC RES 2009-032 P.C. RESOLUTION NO. 2009-32
A RESOLUTION OF THE PLANNING COMMISSION F THE CITY
F RANCHO P L S VERDES CONDITIONALLY APP VIN
EIGHT VARIATION AND SITE PLAN REVIEW FOR THE
CONSTRUCTION A 344 SQUARE FOOT FAMILY ROOM AN
A 566 SQUARE FOOT SECOND STORY ADDITION AT THE REAR
OF THE EXISTING RESIDENCE, AND AN 86 SQUARE FOOT
DINING ROOM AT THE FRONT OF THE RESIDENCE(PLANNING
CASE NO. Z N20 -00222)AT 28003 GOLDEN MEADOW DRIVE.
WHEREAS, on May 29, 2008, the property owner, Dongho Kim, submitted applications for
Planning Case No. ZON2009-00222 for a Height Variation and Site Plan Review to allow a new 2-
story addition to be constructed at the rear of the existing residence and a new 1-story addition to be
constructed at the front of the residence. On June 8, 2009, Staff completed the initial review of the
application, at which time the application was deemed incomplete due to missing information on the
project plans; and,
WHEREAS, on July 6, 2009, the application for Planning Case No. ZON2009-00222 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 August 11,
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 offactwith respect to
the Site Plan Review to allow the new 86 square foot 1St floor addition at the front of the existing
residence can be approved because:
A. The proposed addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roofing material, exterior finishes, and
building materials will be consistent with the existing home and other homes in the
neighborhood. Although the resulting 3,190 square foot residence will be greater than the
neighborhood average,the size of the proposed residence is found to be within the range of
the homes in the immediate neighborhood, which range from 1,942 square feet to 3,836
square feet. Further,the first floor addition will be located behind the existing garage and will
not be easily visible from the public right-of-way or neighboring properties. Lastly, the
building setbacks will.
Section 2: The Planning Commission makes the following findings offactwith respectto
the application for a Height Variation to allow the construction of a two-story addition to the existing
residence:
A. The applicant has complied with the Early Neighbor Consultation process established by the
City by obtaining property owners' acknowledgement signatures from 60% of the property
owners within a 500-foot radius of the subject property.
E. The Height Variation is warranted since the proposed two-story residence 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 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 and will therefore, not impair
a view.
C. The Height Variation is warranted since the proposed two-story addition that 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. The
residence is not located on a ridge or a promontory, as defined in the Municipal Code.
D. The Height Variation is warranted since the proposed new two-story addition 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, and location of
the two-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. The portions of the proposed project which exceed the 16'-0""by-right"height
limit, do not create view impairment to a protected view outside of what would otherwise be
permitted "by-right" on the existing building pad.
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 architectural style of the proposed additions would maintain the architectural
style of the existing residence and residences found in the immediate neighborhood.
H. The Height Variation is warranted since the new residence would not create an
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unreasonable infringement of the privacy of the occupants of abutting residences as the
windows along the west and south facing facades will be opaque in order to obscure any
visibility of neighboring properties.
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 August 26, 2009,the date of the
Planning Commission's final action.
Section 5: 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. ZON2009-00222)for the construction of a new 344 square foot first-floor family
room, a 566 square foot second floor addition at the rear of the residence and an 86 square foot first
floor addition at the front of the residence, located at 28003 Golden Meadow Drive, subject to the
conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this lith day of August 2009, by the following vote:
AYES: Commissioners Ruttenberg, Tomblin, Vice ChAir Gerstner and
Chairman Lewis
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners Knight and Tetrault
re .
hairma
Joe Rojas, AiCP
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2009-32
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EX 1 IT e '
CONDITIONS APPROVAL F
PLANNING CASE NO. 2009-00222
(Kim, 28003 Golden Meadow 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.
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
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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 40% lot coverage(37% proposed) and the following setbacks from
the applicable property lines:
Front 20 feet(11=0"existing, no change)
Side (north) 5 feet(6=9"existing, no change)
Side (south) 5 feet(7'8"proposed)
Rear 15 feet(52'3"proposed)
Top of Slope 5 feet(9'-10"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. The project includes the
construction of a 3-car garage.
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 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.
18. This approval is for the construction of a 344 square foot first floor addition with a 566
square foot second floor addition at the rear of the existing residence and an 86 square foot
first floor addition at the front of the existing residence. The overall square footage of the
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residence and garage would be 3,190 BUILDING AREA CERTIFICATION IS REQUIRED.A
LICENSED CML ENGINEER URVEY SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL.
19. The new residence shall maintain a maximum height of 22'-0",as measured from the lowest
finished grade adjacent to the building foundation/slab to the highest ridgeline of the
residence. BUILDING HEIGHT CTIFICATI N IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION
SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR EVIE AND
APPROVAL PRIOR TO ROOF FI /SHEETING INSPECTION.
20. The property owner shall trim the existing front yard tree to a maximum height of 16'-0"prior
to issuance of a building permit.
21. All windows along the west and south facing facades of the second story addition shall be
opaque.
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