PC RES 1995-022 P.C. RESOLUTION NO. 95- 22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 181 TO ALLOW A NEW
SECOND STORY ADDITION (APPROVED BY THE CITY
THROUGH HEIGHT VARIATION NO. 799 - REVISION ON
APRIL 4, 1995) TO BE USED AS A SECOND UNIT,
WITH SEPARATE KITCHEN FACILITIES, ON PROPERTY
LOCATED AT 5333 IRONWOOD STREET
WHEREAS, on July 6, 1994, the applicants, Roger and Diana
Wolff, submitted applications to the City for Height Variation No.
799, Minor Exception Permit No. 475, and Conditional Use Permit No.
181 for construction of a second story addition with separate
kitchen facilities; and,
WHEREAS, on December 20, 1994, based on direction provided by
City Staff, the applicant submitted plans for Height Variation No.
799 - Revision, which was subsequently conditionally approved by
the Director of Planning, Building, and Code Enforcement on April
4, 1995, based on the determination that the proposed construction
would not significantly or cumulatively impair views, and was
compatible with the existing neighborhood character; 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
Regulation, Title 14, Section 15000 et. seq. , the City's Local CEQA
Guidelines, and Government Code Section 65952. 5 (e) (Hazardous Waste
and Substance Statement) , the project has been found to be
Categorically Exempt (Class 1) ; and,
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on May 23, and June 13, 1995 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: Pursuant to the requirements of Section
65852 .2 (b) of the California State Planning and Zoning Law the
following findings have been made:
a. The unit is not intended for sale, and may be rented;
b. The lot is located in the RS-5 zoning district, which
allows for single family uses;
c. The subject property contains an existing 2, 153 square
foot single family residential dwelling;
d. The proposed second unit will be attached to and located
within the living area of the existing dwelling;
e. The proposed second unit is attached to the main
residential structure, and is therefore not subject to
the maximum floor area restrictions for a detached second
unit;
f. Although the structure will meet and/or exceed all
minimum setback and lot coverage restrictions, approval
of Height Variation No. 799 - Revision by the City allows
the landowner to exceed maximum height restrictions
generally applicable to residential construction;
g. The landowner will be required to comply with all
recommendations, if any, of the City's Division of
Building and Safety; and,
h. The subject property is served by the local sewer system,
and therefore no approval by the local health officer is
required.
Section 2 : The proposed second unit will be 650 square
feet in area, which is 37 percent of the living area located in the
existing residential structure. Although Section 65852 .2 (b) limits
the increase in the floor area for an attached second unit to 30
percent of the existing living area, this section also does not
limit the authority of the City to adopt less restrictive
requirements for the creation of second units. Because the
proposed project meets all City requirements for construction of
second story additions, and the structure will appear (from the
exterior) to be for single-family purposes only, the Planning
Commission finds that approval of the additional floor area in
excess of 30 percent will not adversely impact the surrounding
neighborhood.
Section 3 : The subject property is approximately 7 , 200
square feet in area, and currently supports an existing 2 , 153
square foot single family residence. Approval of Height Variation
No. 799 - Revision by the City will allow the landowner to
construct a 650 square foot second story addition, with or without
separate kitchen facilities. The proposed second unit will be
constructed in such a manner to maintain all minimum setback
requirements, and will utilize materials consisting of wood siding
and stucco, which are similar to materials used primarily on the
existing and surrounding structures. In addition, after
construction, the structure will be approximately 2,803 square feet
in area, which is consistent with other homes in the area which
range in size from 2, 000 to 3 ,500 square feet. Therefore, the
proposed structure will be compatible with the immediate
neighborhood character with respect to size. Additionally,
P.C. Resolution No. 95-22
Page 2 of 6
materials used for the construction will consist of wood siding and
stucco, similar to the materials primarily used on the existing and
surrounding structures. For these reasons, the Planning Commission
finds that the site for the intended use is adequate in size and
shape to accommodate said use, and that no conditions, other than
those contained in the attached Exhibit "A" are required to adjust
this use with abutting residential properties.
Section 4: That the site, existing single family
residence, and proposed second unit are served by Ironwood Street,
a residential street, which is accessed via Silver Spur Road and
Montemalaga Drive, which are arterial roadways that are properly
designed to carry the type and quantity of traffic generated by the
subject use. Additionally, the proposed project is not expected to
result in significant increases in traffic which would adversely
impact the surrounding neighborhood.
Section 5: As established through Height Variation No. 799
- Revision, the proposed construction will not adversely impact
views, and will be compatible with the neighborhood character with
respect to height, setbacks, lot coverage, and architectural style.
In addition, conditions have been imposed on this approval to
minimize any impacts that may result with respect to parking.
Therefore, there will be no significant adverse effect on adjacent
property or the permitted use thereof.
Section 6: The General Plan designates the subject
property for residential purposes, with 2-4 dwelling units per
acre. Pursuant to State Law, approval of the proposed second unit
shall not be construed as an increase in density for purposes of
the General Plan. For this reason, the proposed use is not
contrary to the General Plan.
Section 7 : Because the structure will continue to appear
similar to a standard single family residential structure, and will
meet and/or exceed minimum setback requirements, the Planning
Commission finds that no additional requirements are necessary
with respect to setbacks, buffers, fencing, lighting, landscaping,
or maintenance, other than those typically required for properties
located within single family residential districts. However,
during construction, the landowners will berequired to comply with
all limitations on the hours of construction as contained in the
Development Code. After construction, any excessive noise
emanating from the second unit (as well as the main residential
structure) will be subject to enforcement by the Los Angeles County
Sheriff's Department. Finally, it is not practical to require
service roads or alleys to implement the proposed use. However,
conditions of approval have been imposed on this approval to
minimize any impacts that may result with respect to parking.
P.C. Resolution No. 95-22
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Section 8: The time within which judicial review of the
decision reflected in this Resolution must be sought, if available,
is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 9: For the foregoing reasons, and based on
information and findings contained in the Staff Report and records
of the proceedings, the Planning Commission of the City of Rancho
Palos Verdes hereby approves Conditional Use Permit No. 181 for
construction of a 650 square foot second unit with its own kitchen
facilities to be located within the second story addition approved
pursuant to Height Variation No. 799 - Revision onproperty located
at 5333 Ironwood Street, subject to the Conditions of Approval
contained in the attached Exhibit "A" . which are necessary to
• protect the general health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 13th day of June 1995, by the
following vote:
AYES: Commissioners Alberio, Ferraro, Vannorsdall , Wang, Whiteneck, Chairman
Mowlds
NOES: None
ABSTENTIONS: None
ABSENT: Vice Chair Hayes
gilib
sir
�' ene Mowlds, III
irman
7l' Ils--
Bret . B rnar , AICP
Dire or of P anning, Building, and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 95-22
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 181
5333 IRONWOOD STREET
1. The landowners and their representatives shall comply with all
conditions of approval for Height Variation No. 799 -
Revision, as approved by the City on April 4, 1995.
2. Within thirty (30) days of this approval, the landowner shall
submit, in writing, a statement that they have read,
understand, and agree to all conditions of approval contained
herein. Failure to submit said written statement shall render
this approval null and void.
3 . Prior to submittal of plans to the Division of Building and
Safety for plan check, the landowner shall submit to the City
a covenant restricting use of the second unit to family
members or renters only, and prohibiting individual sale of
the second unit without prior approval of a final subdivision
map.
4 . The maximum square footage of habitable area for the second
unit shall not exceed a maximum of 650 square feet.
5. Construction of the second unit shall conform to minimum
Development Code standards with respect to height, setbacks,
and lot coverage.
6. The construction of the second unit shall comply with the
recommendations and requirements, if any, of the Division of
Building and Safety. In the event that a requirement of the
PlanningDivision conflicts with a requirement of the Division
of Building and Safety, the stricter shall apply.
7 . Prior to submittal of plans to the Division of Building and
Safety for Plan Check, the owner shall demonstrate to the
satisfaction of the Director that there is adequate on-site
parking on the property to accommodate parking for the second
unit. In the event that the owner cannot demonstrate adequate
on-sitep arking to the Director, the owner shall be required
to construct a third enclosed garage space, in accordance with
all appropriate requirements of the Rancho Palos Verdes
Development Code.
8. Construction shall conform substantially to plans stamped as
received by the City on May 30, 1995.
P.C. Resolution No. 95- 22
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9 . During construction, the site and adjacent right-of-way shall
be maintained clear of all trash, debris, and salvage
materials. All construction supplies shall be neatly stored
on the property.
10. All windows located on the eastern side of the structure which
are associated with the second unit shall consist of
translucent glass to protect the privacy of the adjacent
neighbor.
(ts16:recup181.pc)
P.C. Resolution No. 95-22
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