PC RES 1994-053- P- *,-,I
P.C. RESOLUTION No. 94 - 53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF HEIGHT
VARIATION NO. 800 THEREBY APPROVING A SECOND STORY
ADDITION TO A MAXIMUM HEIGHT OF 261- 0"o SUBJECT TO
CONDITIONS (5303 BAYRIDGE ROAD)
WHEREAS, on May 17, 1994, the applicant, Mr. Pritam
Matharu, submitted Height Variation No. 800 to the Department
of Planning, Building, and Code Enforcement for a 2,128
square foot second story addition to a maximum height of 261-
0ff, as measured pursuant to Section 17.02.040 of the
Development Code; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections
2100 et. seq. ("CEQA"), the State's CEQA guidelines,
California Code of Regulation, Title 14, Section 15000 et.
seq., the City's Local CEQA Guidelines, and Government Code
Section 65952.5 (e) (Hazardous Waste and Substances
Statement), there was no substantial that Height Variation
No. 800 - Appeal would have any effect on the environment.
Accordingly, the proposed project has been found to be
categorically exempt (Class III).
WHEREAS, on September 22, 1994, the Director of Planning,
Building, and Code Enforcement Approved Height Variation No.
800 based on the finding that the proposed was compatible
with the immediate neighborhood character since the bulk and
mass of the structure would be mitigated by the variety of
roof planes, window treatments, architectural projections,
and the substantial setback from the front property line;
and,
WHEREAS, the appellant, Michael Mc Namara, filed a
written appeal on September 29, 1994, within fifteen (15)
days of the Director's decision, to the Planning Commission;
and,
WHEREAS, after due notice issued pursuant to the
provisions of the Rancho Palos Verdes Development Code, the
Planning Commission held a public hearing on November 9,
1994, at which time all interested parties were given an
opportunity to be heard and present evidence.
410
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: That pursuant to Section 17. 02 . 040 of the
Development Code and the adopted Height Variation Guidelines,
the applicant has complied with the provision set forth for
early neighborhood consultation, in that they discussed the
proposed project and obtained the signatures of 40% of the
property owners within a 500 foot radius of the subject
propertyand 70% of the property owner's signatures within a
100' radius of the subject property.
Section 2 : That the proposed structure does not
significantly or cumulatively impair a view from the
surrounding properties in the immediate neighborhood due to
the location of the subject property at the end of the cul-
de-sac and the topography and orientation of the surrounding
properties.
Section 3 : That the proposed structure is not located
on a ridge or promontory.
Section 4: That the architectural style, including
facade treatments, structure height, roof design and apparent
bulk and mass of the project would be compatible with other
existing residences in the neighborhood, since the front
facade is well articulated and would not appear massive or
bulky as viewed form the street.
Section 5: The time within which the judicial review of
the decision reflected in this Resolution, if available must
be sought is governed by Section 1094. 6 of the California
Code of Civil Procedure.
Section 6: For the foregoing reasons, and based on the
information and findings included in the Staff Report,
minutes and evidence presented at the public hearing, the
Planning Commission of the City of Rancho Palos Verdes
hereby Denies the Appeal of Height Variation No. 800, thereby
Upholding the Director's Approval for a 2, 125 square foot
second story addition, in conjunction with Extreme Slope
Permit No. 37, subject to the conditions of approval
contained in the attached Exhibit "A", which are necessary to
protect the public health, safety, and general welfare, for
the property located ar 5303 Bayridge Road.
P.C. Resolution No. 94 - 53
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410
PASSED, APPROVED and ADOPTED this 9th day of November, 1994 .
Gilbert Alberio
Chairman
diggir
jr
Bret r. B=rnar• AI CP
Direc or •f Pi- ruling, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 94 - 53
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111
Exhibit "A"
Conditions of Approval for Height Variation No. 800 - Appeal
(5303 Bayridge Road)
1. The second story addition shall not exceed a maximum of
twenty six feet (26'-0") in height, as measured from the
highest point of existing grade covered by the structure
(102.75' ) . THE CRITICAL RIDGE HEIGHT IS 128.75' AND
CERTIFICATION IS REQUIRED.
2. A minimum of 82% open space shall be maintained on the
lot.
3 . The following minimum setbacks shall be maintained:
front: 20'- 0"
rear: 15'- 0"
sides: 5'-0"
4 . The roof eaves shall not project into any required
setback area more than 4" per each one foot of required
setback.
5. The property owner shall submit a notarized Covenant to
Protect Views to the Department of Planning, Building
and Code Enforcement, prior to submittal of plans to the
Building and Safety Division for plan check.
6. The completed project shall substantially conform to the
plans stamped as received by the Planning Division on
May 17, 1994.
7. In the event that a Planning Division requirement and a
Building and Safety Division requirement are in conflict
with one another, the stricter standard shall apply.
P.C. Resolution No. 94 - 53
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8. The construction site shall be kept free of all loose
materials resembling trash 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 salvaged materials,
abandoned or discarded furniture, appliances or other
household fixtures.
9. The windows located on the west elevation of the home
(i.e. upper level bathroom and master bedroom) shall be
constructed of an opaque material.
(DSK#12[KK]HV800PC.RES)
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P.C. Resolution No. 94 - 53
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