PC RES 2009-035 P.C. RESOLUTION NO. 2009-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDESCONDITIONALLY APPROVI HEIGHT
VARIATION AND SITE PLAN REVIEW, ALLOWING THE
CONSTRUCTION OF A 22FT2 ADDITION TO THE IST FLOOR AND A
NEW 97FT2 2ND FLOOR TO AN EXISTING SINGLE-STORY
RESIDENCE WITH A MAXIMUM HEIGHT OF 21.71', LOCATED T
28816 ROTHROCK DRIVE.
WHEREAS, on April 17, 2009, the applicant (Art Hoffstrom Builders) submitted Height
Variation and Site Plan Review applications, requesting to construct a 252ft2 addition to the 1St
floor and a new 957ft2 2nd floor to an existing single-story residence with a maximum height of
21.71'; and
WHEREAS, on May 8, 2009, staff deemed the proposed project incomplete based on
missing information; and,
WHEREAS, the applicant submitted additional information and staff deemed the project
complete on July 13, 2009; and,
WHEREAS, a notice was issued on July 16, 2009, pursuant to the requirements of the
Rancho Palos Verdes Development Code; 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), the Planning Commission found no evidence that the Height Variation and Site Plan
Review will have a significant effect on the environment and, therefore, the project has been
found to be categorically exempt under Class 1 (Section 15303); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 25,
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 proposed project includes a request to construct a 252ft2 addition
to the 1St floor and a new 957ft2 2"d floor to an existing single-story residence with a maximum
height of 21.71'.
Section 2: That the applicant has complied with the early neighbor consultation
process established by the City by obtaining 41% of the landowner signatures within the 500'
radius, 71% of the landowner signatures within the 100' radius and notifying the Palos Verdes
Village Homeowner's Association of the project.
Section 3: That the proposed addition to an existing structure that is over 16' in
height does not significantly impair a view from public property which has been identified in the
P.C. Resolution No. 2009-35
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City's general plan or coastal specific plan, as city-designated viewing areas because there is
no public property within close proximity to the subject lot.
Section 4: That the proposed new structure is not located on a ridge or promontory,
as defined in the City's Development Code.
Section 5: That the area of a proposed addition to an existing structure that is above
16' in height, when considered exclusive of existing foliage, does not significantly impair a view
from the viewing area of another parcel due to the elevation difference in building pad levels of
the subject property and neighboring properties.
Section 6: That there is no cumulative view impairment caused by grant the
application since there is no view impairment caused by the proposed project.
Section 7: That the proposed structure complies with all other code requirements
including, but not limited to setbacks, lot coverage and enclosed parking. The proposed overall
height of 21.71' also meets the code requirements as it is being approved through this Height
Variation application.
Section 8: That the proposed structure is compatible with the immediate
neighborhood character in regards to architectural style (California Ranch), roof design (gable),
texture (stucco exterior and composition shingle roof), color, building materials, size, scale,
mass and bulk, number of stories and setbacks. More specifically, the proposed project
increases the front yard setback, minimizes the overall height by using 8' plate heights, locates
the first floor addition to the rear where it is not visible, and sets back the 2nd floor significantly
from the public right-of-way and from the abutting neighbor's property. These design aspects
create a home that appears smaller in size that does not overwhelm the street or the immediate
neighboring properties. As such, the resulting new home is not bulky and massive, blending in
with the immediate neighborhood.
Section 9: That the proposed addition to an existing structure that is above 16' in
height does not result in an unreasonable infringement of the privacy of the occupants of
abutting residences because there are no windows proposed over 16' in height.
Section 10: 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, September
9, 2009. A $2,255.00 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 September 9, 2009.
Section 11: 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 to allow the construction of a 252ft2 addition to the 1St floor and a
new 957ft2 2nd floor to an existing single-story residence with a maximum height of 21.71'.
(Case No. ZON2009-00113).
P.C. Resolution No. 2009-35
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PASSED, APPROVED AND ADOPTED this 25th day of August 2009, by the following vote:
AYES: Commissioners Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Gerstner,
Chairman Lewis
TOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Perestam
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JoelRoj ICP
Director f anning, Iding
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Secretary of the Planning Commission
P.C. Resolution No. 2009- 35
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EXHI IT'Ap
CONDITIONS FAP OVAL FOR
CASE NO. 2009-00143 (28816 RothrockDrive)
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 multiple-
family 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 is 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. 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.
9. 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.
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10. 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.
11. 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.
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. 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.
14. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
15. 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.
Project Specific Conditions:
16. This approval allows the construction of a 252ft2 addition to the rear and a new 957ft2 2"d
floor to an existing single-story residence.
17. The maximum overall height shall not exceed 21.71', as measured from the point where
the lowest foundation or slab meets the finished grade, to the existing ridgeline of the
structure. BUILDING HEIGHT 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 ROOF FRAMING/SHEETING INSPECTION.
18. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (27% proposed) and the following
setbacks from the applicable property lines:
Front 20' (20' proposed)
Side (E) 5'
Side (W) 5
Rear 15' (48.8' proposed)
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19. 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. Roof eaves may project into required setbacks not more than 6 inches per foot of the
required setback.
21. PRIOR TO BUILDINGPERMIT ISSUANCE and subject to review and approval by the
Director of Planning, Building and Code Enforcement, the property owner shall trim the
two pine trees located in the side (east) and rear (south) yard to 16' in height or the new
ridgeline (21.71'), whichever is lower or shall remove the pine trees.
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