PC RES 2011-011 P.C. RESOLUTION NO. 2011-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AND
SITE PLAN REVIEW FOR A 25.88' TALL 3,038.5FT2 TWO-STORY
ADDITION TO AN EXISTING SINGLE-STORY RESIDENCE AT 27921
PALOS VERDES DRIVE EAST.
WHEREAS, on October 4, 2010, the applicant submitted Height Variation and Site Plan
Review application, requesting to construct a two-story addition to an existing single-story
residence located at 27921 Palos Verdes Drive East; and
WHEREAS, on October 12, 2010, staff deemed the proposed project incomplete based
on missing information; and,
WHEREAS, the applicant submitted additional information and staff deemed the project
complete on January 17, 2011; and,
WHEREAS, a notice was published on January 20, 2011, 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 15301); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February
22, 2011, 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: A Height Variation to allow the construction of a 25.88' tall 3,038.5ft2 two-
story residence can be warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the City by collecting 61% of the landowner signatures within the 500' radius and
75% within the 100' radius.
B. The proposed addition to an existing structure that is above 16' 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, since none exist in
close proximity.
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C. The proposed new structure is located within a fully developed residential tract is not
on a ridge or a promontory, as defined in the Development Code.
D. The area of a proposed new 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 because there are no properties with views across the subject
property.
E. There is no significant cumulative view impairment caused by granting the
application because there is no view impairment caused by the proposed project.
F. The proposed structure complies with all other code requirements, including but not
limited to setbacks and open space restrictions, as well as any specific conditions
associated with the pertinent tract approval.
G. The proposed structure is compatible with the immediate neighborhood character.
Although the size of the proposed structure is double the average, but smaller than
the largest home in the neighborhood, the resulting structure would not appear out of
scale for the following reasons. First, the proposed structure will not be visible from
the public right-of-way (PVDE) because the building pad of the subject property is
approximately 50' to 110' away from PVDE and at least 40' lower in elevation.
Secondly, the proposed second floor will only be partially visible from only the
abutting properties because of the large distance between the proposed and existing
neighboring structures (80' east and 100' west) will remain the same and the dense
foliage that exists on all the PVDE properties on and near the subject site function as
a privacy screen. Additionally, the proposed project is designed with varying
setbacks and roof planes, resulting in a project that does not appear bulky or
massive. Lastly, the architectural style, roof design, setbacks, height, open space
and building materials are consistent with what exists on neighboring properties.
H. The proposed new 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 is no east facing windows while the west and north facing windows
are at least 60' from respective property lines.
Section 2: A Site Plan Review to allow a 7' tall deck and a new spa to the rear and
side of the residence can be warranted because it meets all City Development guidelines,
including, but not limited to heights, setbacks and lot coverage.
Section 3: 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, March 9,
2011. A $2,275.00 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 March 9, 2011.
Section 4: 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 approves, a Height Variation and Site
Plan Review for the construction of a 25.88' tall, 3,038.5ft2 two-story addition to an existing
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single-story residence and a spa in the side yard to a property located at 27921 Palos Verdes
Drive East (Case No. ZON2010-00343).
PASSED, APPROVED AND ADOPTED this 22nd day of February 2011, by the following vote:
AYES: Commissioners Emenhiser, Gerstner, Vice Chairman Tetreault
NOES: Commissioner Knight, Chairman Tomblin
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Lenn, Lewis
David L. Tomblin
Chairman
Joel R6nit�
AICP
CommDevelop t Director and
Secretf the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR ZON2010-00343
27921 Palos Verdes Drive East
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 conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
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 Community Development Director 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 Community Development Department 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. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. 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:
14. This approval is for a 1,007.5ft2 first story addition and a 2,031ft2 second story addition to
an existing single-story residence. The approval also allows a spa in the side yard.
15. The maximum ridgeline of the approved project is 469.93'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a
FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Floor Elevation at 446'.
16. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (31% proposed).
17. The approved residence shall maintain setbacks of 20' front (128' proposed), 15' rear
(48' proposed), 5' west side (28.7' proposed) and 5' east side (29' proposed).
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to foundation forms inspection.
18. The proposed chimney shall not exceed the minimum height required for compliance
with the Uniform Building Code.
19. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
20. A minimum 3-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.
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