PC RES 2013-020 P.0 RESOLUTION NO. 2013-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION PERMIT TO CONSTRUCT A 170 SQUARE FOOT
SECOND STORY ADDITION TO AN EXISTING 2-STORY SINGLE-
FAMILY RESIENCE LOCATED AT 27108 DIAMONDHEAD LANE
(PLANNING CASE NO. ZON2013-00226).
WHEREAS, on June 10, 2013, the applicant submitted a Height Variation
application to construct a 406 square foot second story addition above the 1-story
portion of an existing 2-story single-family residence; and,
WHEREAS, on June 20, 2013, due to missing information and concerns about
the proposed project from Staff, the application was deemed incomplete; and,
WHEREAS, on July 19, 2013, additional information and revised plans were
submitted for review, with Staff deeming the application complete on July 29, 2013 and
scheduled for the September 10, 2013 Planning Commission meeting; and,
WHEREAS, on July 31, 2013, Staff mailed notices of the public hearing to 90
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 August 1, 2013; and,
WHEREAS, in response to concerns of view impairment expressed by Staff, on
August 27, 2013 the applicant submitted a request for the public hearing to be
continued; and,
WHEREAS, on September 10, 2013, the Planning Commission continued the
public hearing to September 24, 2013; 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 application would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15301 — Existing Facilities); 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 September 24, 2013, at which time all interested parties were given an
opportunity to be heard and present evidence.
P.C. Resolution No. 2013-20
Page 1 of 7
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is a request to construct a 170 square foot
second story addition to the rear of an existing 2-story single-family residence located at
27108 Diamondhead Lane.
Section 2: The applicant has complied with the Early Neighborhood
Consultation process established by the City by obtaining signatures from a minimum of
70% (77% obtained) of the property owners within a 100-foot radius and the signatures
from a minimum of 25% (33% obtained) of the property owners within a 500-foot radius.
Section 3: The Height Variation is warranted since the portions of the
proposed additions which exceed sixteen feet in height do 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 due to the topography in the area and the location of the
subject property.
Section 4: The Height Variation is warranted since the existing residence is
not located on a ridge or promontory. The subject property is located within a hillside
community, on an existing pad lot surrounded by other single-family residences. The
residence is not located on a ridge or a promontory, as defined in the Municipal Code.
Section 5: The Height Variation is warranted because the portions of the
proposed additions which exceed sixteen feet in height, when considered exclusive of
existing foliage, will not significantly impair City-protected views from the viewing areas
of neighboring properties. Specifically, the portion of the proposed addition above
sixteen feet will cause only a slight impairment of the view as the second story will
expand just beyond the existing chimney, minimally impairing the view from the
residence across the street at 29111 Diamondhead Lane.
Section 6: The Height Variation is warranted because proposed portions of the
new residence that exceed sixteen feet in height have been designed to minimize the
impairment of a view. Specifically, the proposed addition has been reduced in scale
and location in order to minimize the impacts to the viewing areas of the neighboring
properties.
Section 7: The Height Variation is warranted because there is no significant
cumulative view impairment caused by granting the application. Specifically, the
minimal amount of view impairment caused by the expansion of proposed addition
beyond the existing chimney would also cause minimal view impairment when applied
to other parcels if similar construction were to occur, and when combined with the
proposed project would not be considered a significant cumulative impact.
P.C. Resolution No. 2013-20
Page 2 of 7
Section 8: The Height Variation is warranted as the proposed additions
comply with all other Code requirements, including compliance with all required
setbacks and lot coverage as required by the RS-4 Zoning district.
Section 9: The Height Variation is warranted because the proposed project's
design and character is compatible with the character of the immediate neighborhood.
More specifically, as the proposed addition is to be pushed to the rear of the residence,
it minimizes the scale and size of the proposed 2-story addition. Also the proposed
additions have been designed to match the existing residence, continuing to use a
stucco fagade with a hip red tile roof, all of which can be seen in the immediate
neighborhood.
Section 10: The Height Variation is warranted because no portions of the
proposed project exceeding sixteen feet in height will result in an unreasonable
infringement of privacy of the occupants of the abutting residences. Specifically, the
location of all proposed new windows above sixteen feet in height do not provide any
additional view of adjacent properties beyond what can already be seen from the
existing second story.
Section 11: The Site Plan Review approval for the existing pool, spa and
equipment (Case No. ZON2009-00324) can be re-issued as what currently exists
matches what was originally approved and re-issuance will allow a building permit to be
reissued and inspected for final.
Section 12: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Section 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 the date of the Planning Commission's final action,
which is Wednesday, October 9, 2013.
Section 13: 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, with
conditions, a Height Variation request to construct a second story addition of 170
square feet to the existing 2-story single-family residence located 27108 Diamondhead
Lane.
P.C. Resolution No. 2013-20
Page 3 of 7
PASSED, APPROVED AND ADOPTED this 24th day of September 2013, by the
following vote:
AYES: Commissioners Gerstner, Nelson, Tetreault, Vice Chairman Leon and
Chairman Emenhiser
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioners Lewis and Tomblin
menhiser
Chairman
Joel ja , AICP
Co unit Deve61a
nt Director; and
Sec etary theing Commission
P.C. Resolution No. 2013-20
Page 4 of 7
Exhibit "A"
Conditions of Approval
Case No. ZON2013-00226 (HV)
27108 Diamondhead Lane (Yee)
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. 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.
3. 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.
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
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 applicant 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 the expiration, a written request for extension is filed
with the Community Development Department 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 this Resolution.
P.C. Resolution No. 2013-20
Page 5 of 7
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 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. 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 disturbances to the surrounding property owners.
11. Permitted hours and days of 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. This approval is for a second story addition of 170 square feet to the existing 2-
story single-family residence.
13. No more than 50% of any existing interior and exterior walls or existing square
footage may be removed or demolished. Residential buildings that are
remodeled or renovated such that 50% or greater of any existing interior or
exterior walls or existing square footage is demolished or removed within a two-
year period shall be considered a new residence and shall then conform to all
current development standards for that zoning district and the most recently
adopted version of the Uniform Building Code.
14. The approved residence shall maintain the following setbacks:
■ Front yard: 20'-0"
■ Side yard: 5'-0"
■ Rear yard: 15'-0"
15. The height of the proposed residence shall measure 21.25' tall, as measured
from the lowest finished grade (200.78') to the top of the finished addition
ridgeline (222.03').
16. Based upon a foliage analysis conducted by Staff, the following must be done
prior to building permit issuance in order to restore the protected views from
surrounding properties: the palm tree in the front yard shall have the lower
fronds removed and regularly removed until the foliage head of the palm tree has
grown out of the viewing area of the adjacent property.
P.C. Resolution No. 2013-20
Page 6of7
17. PRIOR TO BUILDING PERMIT ISSUANCE, Building Permit No. BLD2009-00535
must be reissued, inspected and obtain final for the existing pool, spa and
equipment in the rear yard area.
P.C. Resolution No. 2013-20
Page 7of7