PC RES 2010-005 P.C. RESOLUTION NO. 2010-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A REVISION
TO HEIGHT VARIATION PERMIT (CASE No. ZON2007-00209)
BY CONSTRUCTING A 81 SQUARE FOOT BALCONY
LOCATED AT THE REAR FACADE OF THE EXISTING MASTER
BEDROOM AT 32415 NAUTILUS DRIVE.
WHEREAS, on January 8, 2008, the Commission held a duly noticed public
hearing to consider the request, at which time, all interested parties were given an
opportunity to be heard and present evidence and the Planning Commission adopted
P.C. Resolution No. 2008-02, thereby conditionally approving Case No. ZON2007-
00209 to allow the construction of a 1,975 square foot, first and second story addition
with a maximum building height of 24.5' as measured from the lowest grade adjacent to
the building foundation/slab; and,
WHEREAS, on December 14, 2009, the applicant submitted a revision to the
approved Height Variation Permit requesting to modify the approved plans to include an
81 square foot balcony to be located at the rear façade of the existing master bedroom;
and,
WHEREAS, on December 21, 2009, staff deemed the Height Variation
application complete; 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 Height Variation revision
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, notice of the Planning Commission ("Commission") hearing was
mailed to all property owners within 500 feet of the applicant's property and published in
the Palos Verdes Peninsula News on December 24, 2009; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 9, 2010, 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 the construction of a 81 square
foot balcony at the rear façade of an existing, two-story, single-family residence. The
proposed rear facade balcony is less than 16 feet in height as measured from the
P.C. Resolution No. 2010-05
1 of 5
lowest adjacent finished floor to the top of the proposed balcony guardrail. Combined
with the approved side façade master bedroom balcony (57 square feet), the master
bedroom balcony area is proposed to be 138 square feet.
Section 2: That the Height Variation revision is warranted since the applicant
had complied with the early neighbor consultation process with the original application
by obtaining 25% of the signatures within a 500' radius and 75% of the signatures within
a 100' radius of the project site.
Section 3: That the Height Variation revision is warranted as the proposed
rear façade balcony is less than 16 feet in height as measured from the lowest adjacent
finished grade to the top of the proposed balcony guardrail and does not significantly
impair a view from public property.
Section 4: That the Height Variation revision is warranted as the subject
property is located within a fully developed single-family residential tract that is not
located on a ridge or a promontory, as defined in the Development Code.
Section 5: That the Height Variation revision is warranted as the proposed
revision, which is to add a new rear façade balcony to the master bedroom, is less than
16 feet in height as measured from the lowest adjacent finished grade to the top of the
proposed balcony guardrail. Since the proposed rear façade balcony is less than 16
feet in height, the finding is not applicable.
Section 6: If a view impairment exists from the viewing area of another parcel
but is determined not to be significant, as described in subsection (C)(1)(e)(vi) of this
section, the proposed new structure that is above 16 feet in height or addition to an
existing structure that is above 16 feet in height is designed and situated in such a
manner as to reasonably minimize the impairment of a view. Since the proposed
revision, which is to add a new rear facade balcony to the master bedroom, is less than
16 feet in height as measured from the lowest adjacent finished floor to the top of the
proposed balcony guardrail, the stated finding in the preceding sentence is not
applicable.
Section 7: That the Height Variation revision is warranted since there is no
cumulative view impairment caused by granting the application nor is the finding
applicable as the proposed revision, which is to add a new rear façade balcony to the
existing master bedroom, is less than 16 feet in height as measured from the lowest
adjacent finished grade to the top of the proposed balcony guardrail.
Section 8: That the Height Variation revision is warranted since the proposed
rear facade balcony meets all of the code requirements including, but not limited to
setbacks and height.
Section 9: That the Height Variation revision is warranted based on the
analysis of the area as it is found that the proposed rear façade balcony will be
compatible with the character of the immediate neighborhood. Utilizing the same homes
in the original analysis, staff conducted an analysis of other residences in the immediate
P.C. Resolution No. 2010-05
2 of 5
neighborhood that have balconies which are visible from the public right of way. Based
on staff's observation, all the 2nd story homes in the immediate neighborhood (Nautilus
Drive) have balconies visible from the public right of way.
Section 10: That the Height Variation revision is warranted as the proposed
balcony will not result in an unreasonable infringement of the privacy of the occupants
of abutting residences. The subject property currently has an existing rear yard deck,
where the rear yards of the abutting properties are already visible. From the rear
façade of the 2nd story master bedroom, the degree of visibility onto the rear yards of the
properties located on Conqueror Drive is the same as the existing rear yard deck. As
such, the proposed rear master bedroom balcony will not result in further visibility onto
surrounding properties than what currently exists.
Section 11: 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. 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.
Section 12: For the foregoing reasons and based on the information and
findings included in the Staff Reports, the Planning Commission of the City of Rancho
Palos Verdes hereby approves the Height Variation revision for the construction of a 81
square foot balcony located at the rear façade of the existing master bedroom (Case
No. ZON2007-00209).
PASSED, APPROVED AND ADOPTED this 9th day of February 2010, by the following
vote:
AYES: Commissioners Knight, Ruttenberg, Tomblin, Vice Chairman Gerstner,
Chairman Lewis
NOES: Commissioner Perestam
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Tetreault
.-�rLewis
Chairm.
A.
Joel 'oja• , AICP
Direc i•r o Planni, , Building
and C .• - Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2010-05
3 of 5
Exhibit"A"
Conditions of Approval
Case No. ZON2007-00209 (Height Variation Permit Approval Revision)
32415 Nautilus Drive
General
1. All previous conditions of approval adopted pursuant to Resolution No. 2008-02
shall remain in effect except the modified revision.
2. Approval of this Height Variation Permit revision shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Rancho Palos Verdes Municipal
Code shall apply.
3. The approval shall become null and void after 1 year from the date of approval
unless the approved plans are submitted to the Building and Safety Division to
initiate the "plan check" review process, pursuant to Section 17.86.070 of the
City's Development Code. This approval shall become null and void if, after
initiating the "plan check" review process, or receiving a building permit to begin
construction, said, "plan check" or permit is allowed to expire or is withdrawn by
the applicant.
4. The applicant/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.
Said statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days
of the effective date of approval, which ever occurs first. Failure to provide said
written statement shall render this approval null and void.
5. The Director of Planning, Building, and Code Enforcement is authorized to
approve minor modifications to the conditions of approval and/or the approved
plans, provided such modifications will achieve substantially the same results as
would strict compliance with the original plans or conditions.
6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays. Trucks and other
construction vehicles 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 above.
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8. The construction site, adjacent public and private properties 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.
P.C. Resolution No. 2010-05
4 of 5
9. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10. Prior to the commencement of construction, the applicant shall obtain all
applicable permits as required by the Building and Safety Division.
Heiciht Variation Revision
11. This Height Variation revision allows the construction of a 81 square foot balcony
to be located at the rear façade of the existing master bedroom. The approval
also includes a rear master bedroom glass door access. All Conditions of
Approval from Resolution No. 2008-02, which approved Height Variation,
Grading Permit and Site Plan Review Case No. Z0N2007-00209 are still
applicable to this project site.
P.C. Resolution No. 2010-05
5 of 5