PC RES 2011-021 P.C. RESOLUTION NO. 2011-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DENYING,WITHOUT PREJUDICE,
A HEIGHT VARIATION AND SITE PLAN REVIEW PERMIT
(PLANNING CASE NO. ZON2010-00331)TO CONSTRUCT A 131
SQUARE FOOT SINGLE STORY ADDITION AND A 1,250
SQUARE FOOT SECOND STORY ADDITION AT THE PROPERTY
LOCATED AT 6530 LA GARITA.
WHEREAS, on September 20, 2010,the property owners, Mr.and Mrs. Magalnic,submitted
a Height Variation and Site Plan Review Permit application to the Community Development
Department for review and processing requesting approval to construct a 131 square foot first-floor
addition and a 1,467 square foot second story addition. On September 29, 2010, 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, after the submittal of multiple revisions to the project, Staff deemed the
application complete on December 16, 2010; and,
WHEREAS, on January 3, 2011, Staff mailed notices to 107 property owners within a 500-
foot radius from the subject property, providing a 30-day time period for the submittal of comments
and concerns. In addition, a Public Notice was published in the Peninsula News on January 6,2011;
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 and Site Plan Review applications 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 February 8,
2011, at which time all interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS,the Planning Commission continued the public hearing to March 22,2011,April
12, 2011 and April 26, 2011.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The Height Variation is not warranted because the portions of the new
residence which exceed sixteen feet in height, when considered exclusive of existing foliage,
significantly impair a view of the Pacific Ocean from the established viewing area,which is the dining
room, of the existing residence, located at 6517 Certa Drive.
Section 2: The Height Variation is not warranted because the proposed second story is
not compatible within the immediate neighborhood. The majority of the immediate neighborhood,
1
which is comprised of twenty (20) of the closest homes, is developed with single-story ranch-style
homes and the scale of the proposed second story would not be proportional to the scale of the
nearby homes. The proposed second story, combined with the small lot size, would change the
existing streetscape and would not result in a harmonious relationship with the immediate
neighborhood. Furthermore, the second story setbacks are not sufficient, thereby increasing the
appearance of bulk and mass.
Section 3: The Height Variation is not warranted because the proposed structure that is
above 16'-0" in height results in an unreasonable infringement of the privacy of the occupants of
abutting residences to the east, west and south. More specifically, the windows along the rear
fagade would create an unreasonable privacy impact to the east, west and south neighbors' rear
yards.
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 May 10, 2011, 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 denies,without prejudice, a Height Variation and Site Plan Review
application (Planning Case No. ZON2010-00331)for the construction of a 131 square foot first floor
addition and a 1,250 square foot second floor addition, located at 6530 La Garita Drive.
PASSED, APPROVED, AND ADOPTED this 10th day of May 2011, by the following vote:
AYES: Vice Chairman Tetreault and Chairman Tomblin,;
NOES: None
ABSTENTIONS: Commissioners Gerstner and Knight
RECUSSALS: None
ABSENT: Commissioners Emenhiser, Leon and Lewis
David L. Tomblin
Chairman
Joel Roj s, ICP
Commu ityevelop e t Director
P.C. Resolution No. 2011- 21
Page 2 of 2