PC RES 2014-003 P.C. RESOLUTION NO. 2014-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND SITE PLAN
REVIEW TO ALLOW THE CONSTRUCTION OF A 141
SQUARE FOOT FIRST FLOOR ADDITION, 450 SQUARE
FOOT SECOND FLOOR ADDITION, 106 SQUARE FEET OF
COVERED PATIOITRELLISES, 138 SQUARE FOOT
BALCONY AND 528 SQUARE FOOT ROOF DECK TO THE
MAIN RESIDENCE AT THE PROPERTY LOCATED AT 30034
VIA VICTORIA (CASE NO ZON2013-00255).
WHEREAS, on June 21, 2013, the property owner submitted applications for
Planning Case No. ZON2013-00255 for a Height Variation and Site Plan Review to
accommodate the construction of new additions and accessory structures at the property
located at 30034 Via Victoria; and,
WHEREAS, on July 9, 2013, Staff completed the initial review of the application, at
which time the application was deemed incomplete for processing. The applicant submitted
revisions on multiple occasions; and,
WHEREAS, on November 22, 2013, the application for Planning Case
No. ZON2013-00255 was deemed complete by Staff; 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 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 January 14, 2014, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: With respect to the application for a Height Variation to allow the
construction of a new second story addition:
A. The applicant has complied with the Early Neighbor Consultation process by
obtaining 12 signatures from the properties within 100 feet(92%)and 26 signatures
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from the property owners within 500 feet (26%) of the subject property.
B. The Height Variation is warranted since the proposed addition that exceeds sixteen
feet 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. Specifically, due to the location of the property and the topography in the
immediate area, the proposed structure is not visible from a public viewing area or
viewing site and will therefore, not impair a view.
C. The Height Variation is warranted since the proposed addition that exceeds sixteen
feet in height is not located on a ridge or promontory. The subject property is
located within a fully developed single-family residential neighborhood, on an
existing pad lot. The residence is not located on a ridge or a promontory, as defined
in the Municipal Code.
D. The Height Variation is warranted because the proposed new addition that is above
sixteen feet in height, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. The subject
property is located on the east side of Via Victoria, whereby views of the Pacific
Ocean are enjoyed by properties located west of the subject property. The only
properties that could potentially be impacted by the views would be homes that are
east of the subject property. The existing residence is developed with a two-story
residence that reaches a maximum height of 26'-4". The applicant is voluntarily
proposing to lower the existing ridgeline to a maximum height of 26'-0"to conform to
the current height requirements. The proposed addition is located at the front of the
residence, along the west side of the residence, and would only be 23'-7�/2" in
height. Given that views of the Pacific Ocean are enjoyed in a westerly direction,
and the proposed additions would be located on the west side of existing ridgeline
that will be reduced 4 inches, the additions would not create any view impairment to
properties located east of the subject property
E. The Height Variation is warranted because the proposed additions that are above
sixteen feet in height do not create a view impairment from the viewing area of
another parcel Furthermore, the additions are designed and situated in such a
manner as to reasonably minimize the impairment
F. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Furthermore, the properties located
within the immediate neighborhood have been developed as two-story homes.
G. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-4 zoning district with respect to lot
coverage and setbacks.
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H. The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.
The proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The architectural style of the proposed residence would
maintain the architectural style found in the immediate neighborhood as well as the
existing residence by utilizing a stucco finish, tile roof materials, and wood and
stone veneer accents, similar to the materials found within the surrounding
neighborhood. With regard to the overall size of the residence, the proposed
addition has been designed to reduce potential bulk and mass as seen from
neighboring properties by incorporating undulating facades to break up the
appearance of the structure as seen from other properties.
With regard to the balcony and roof deck, the applicant is proposing to construct a
138 square foot balcony at the front of the residence and a 528 square foot roof
deck along the south side of the residence.There are three other homes with either
a balcony or roof deck located on their property, two of which are visible from the
street. These three properties are 30008 Via Victoria, 30014 Via Victoria and 30129
Via Victoria, which are all located within the 20 closest homes used for
Neighborhood Compatibility. Although the proposed balcony and roof deck are
compatible because similar structures can be found in the neighborhood, the
proposed 6'-0" tall solid privacy wall surrounding a portion of the 528 square foot
roof deck is not compatible. This particular wall will be easily visible from the street
and is not compatible and is no other similar structure can be found throughout the
immediate neighborhood. The applicant has agreed to reduce the privacy wall to a
maximum height of 42" to reduce the appearance of the solid privacy wall. A
condition of approval reflecting the 42"height limitation for balcony and deck railings
has been added to the project to ensure compatibility of the roof deck.
1. The Height Variation is warranted since the new addition would not create an
unreasonable infringement of the privacy of the occupants of abutting residences.
the existing property is developed with a two-story residence. The proposed addition
would be located at the front of the residence and would not create any privacy
impacts to neighboring properties. In addition to the new square footage of
habitable area, the applicant is also proposing two new second-story
balconies/decks. One balcony would be 138 square feet in area and located at the
front of the residence, and would not create any privacy impacts to neighboring
properties. A second roof deck would be 528 square feet in area, located directly
above the existing garage.
Section 2: With regard to the Site Plan Review, the proposed addition and
accessory structures would comply with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-4 zone. Specifically, the proposed project will maintain the existing, conforming
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setbacks and the existing non-conforming lot coverage will be revised to be below the
maximum allowable lot coverage for the property (50%). Further, as noted in the Height
Variation findings above, the addition will be compatible with the surrounding
neighborhood.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal the project 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 January 14, 2014, the date of the Planning Commission's final
action.
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 conditionally approves a Height
Variation and Site Plan Review to allow the construction of a 141 square foot first floor
addition, 450 square foot second floor addition, 106 square feet of covered patio/trellises,
138 square foot second story balcony at the front of the residence, and a 528 square foot
deck along the south side of the residence, subject to the conditions of approval in the
attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 14th day of January 2014, by the following
vote:
AYES: Commissioners Nelson, Tetreault, Tomblin, Vice Chairman Leon and
Chairman Emenhiser
NOES: None
ABSTENTIONS: None
RECUSSALS: None
l ,
ABSENT: Commissioners Gerstner and Lewis -,,"-
.7z,
Davi Emenhiser
Chairman
4131.1‘
Joel R•has, A CP
Comm ity IPevelopmIF
Director
Secreta • the Planning Commission
P.C. Resolution No. 2014-03
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2013-00255
(McElroy, 30034 Via Victoria)
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 listed below. 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 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 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.
6. 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
the Notice of Decision, 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 Director 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.
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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 the Notice of Decision.
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. 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.
11. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage (47.7% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (23'-7J/?existing, no change)
Side north 5'feet (12'-4"existing, no change)
Side south 5 feet(6'-0"existing, no change)
Rear 15 feet (67'-6W existing, no change)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
14. All 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.
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16. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
17. This approval is for the construction of a 141 square foot first floor addition, 450
square foot second floor addition, 106 square feet of covered patio/trellises, a 138
square foot second story balcony at the front of the residence and a 528 square foot
roof deck along the south side of the residence. BUILDING AREA CERTIFICATION
IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL
PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO
THE CITY'S BULDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO
BULDING PERMIT FINAL.
18. The proposed additions to the residence would result in a height that reaches 23'-0".
The existing highest ridgeline shall be reduced from 26'-4" to a maximum building
height of 26'-0", as measured from lowest finished grade adjacent to the
foundation/slab (elev. 202.96') to the remodeled highest ridgeline (elev. 228.96')
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to building permit final.
Roof Deck and Balcony
19. This project approves a 138 square foot balcony at the front of the residence and a
528 square foot roof deck along the south side of the residence. The roof deck is
directly accessible from the existing second story of the home.
20. All railings and/or privacy walls installed around the proposed balcony and roof deck
shall not exceed a maximum height 42".
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