PC RES 1997-0450
P.C. RESOLUTION NO. 97-45
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF
HEIGHT VARIATION NO. 826, AND THEREBY APPROVING A
NEW 5,497 -SQUARE -FOOT, 2 -STORY RESIDENCE ON AN
EXISTING VACANT LOT WITH A MAXIMUM HEIGHT OF 23.4'
ABOVE EXISTING GRADE, LOCATED AT 7460 ALIDA PLACE
WHEREAS, on July 9, 1996, the applicants, Mr and Mrs Leslie Kispal, submitted an
application for Height Variation No 826 to allow a proposed new 5,497 2 -story single family
residence/garage with a total height of 23 4' above the highest point of existing grade to be
covered by structure instead of the required 16', 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 65962.5(f) (Hazardous Waste and Substances Statement), Staff
found no evidence that Height Variation No 826 would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
(Class 3, Section 15303), and,
WHEREAS, on June 13, 1997, the Director of Planning, Building and Code Enforcement
conditionally approved Height Variation No 826 and mailed a notice of decision to all property
owners who responded to the initial 30 -day public notice, and,
WHEREAS, on June 27, 1997 an appeal of Height Variation No. 826 was submitted to the
City by Jane C Botello (7400 Alida Place), Avery Knapp (7435 Alida Place), Michael Tong (7440
Alida Place), and Jimmy Naumovski (7420 Alida Place), 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 August 12,
1997 and September 9, 1997, 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: The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining acknowledgement signatures from sixty percent (60%) of the
property owners within a 500 -foot radius of the subject property
Section 2: The structure does not significantly impair a view from public property which
has been identified in the City's General plan or Coastal Specific Plan as City -designated viewing
areas because there are no City -designated public viewing areas upslope from the subject
property which would be affected by the proposed project, and the subject property is not located
within the Coastal Specific Plan area.
Section 3: Due to the topography of the subject lot and the surrounding area, the subject
lot is not considered to be on a ridge In addition, the lot is not located on a promontory since it
is not located along the coastal bluffs
Section 4: The structure is designed and situated in such a manner as to minimize
impairment of a view as the tract slopes upward from the subject property and is served by a
central street of access As such, the tract has been designed to minimize the impairment of a
view by preserving views of the ocean down the access street Additionally, the architect has
designed the structure with an angled entry way that would give some property owners located
on the surrounding lots a better view while looking at the ocean, towards the northwest Further,
the building pad will be lowered by up to 2 3' in some areas, thereby reducing the finished
elevation of the ridgeline and further minimizing the potential for view impairment
Section 5: The proposed structure, when considered exclusive of existing foliage, does
not significantly impair a view from a viewing area of another parcel because Alida Place slopes
upward from the subject lot, and most of the other properties are located at a higher elevation
than the subject site. As such, there will be no significant view impairment caused by the
structure from these existing residences. Specifically
From 7440 Alida Place, the subject site's allowable 16' building height is higher than the
horizon line as viewed from the balconies of 7440 Alida Place. As such, since the view would be
blocked by a 16' high structure, the view is not considered to be protected by the Code.
Therefore, the project would not result in significant view impairment from this property since the
view above 16' is of the sky
From 7420 Alida Place, the ocean view, while looking towards the subject lot, is entirely
blocked by the existing residence located at 7440 Alida Place, which is between the subject lot
and 7420 Alida Place
From 7400 Alida Place, which is located higher than the subject lot, only a small portion
of the proposed residence will be visible above the ndgeline of other residences The proposed
structure will be viewed entirely below the horizon line and impair only a small portion of the
existing ocean view, and is not considered to be significant.
From 7401 Alida Place, because the subject property is located at a substantially lower
elevation, only a small portion of the ridgeline would extend into the ocean view. Therefore, the
proposed structure will not significantly impair any views from 7401 Alida Place.
From 7435 Alida Place, which is located higher than the subject lot, the proposed structure
will be viewed partially below the horizon line and subsequently impair a small portion of the
existing ocean view. However, this view impairment is not significant because it will be minor in
scope and would be located in the extreme right hand side of the existing view from 7435 Alida
Place.
P C Resolution No. 97-45
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Section 6: There is no significant cumulative view impairment caused by granting the
application because although there is one additional vacant lot that is within the view -shed, which
is located on the southeast comer of Alida Place and Palos Verdes Drive West, the development
of a structure over 16' in height on this vacant lot may be significant in its own right and there are
no other lots which may also contribute to view impairment in the area Therefore, the potential
for cumulative impairment resulting from the proposed project is not significant from the homes
located on Alida Place.
Section 7: The proposed structure complies with all other Code requirements, such as
open space and setback standards
Section 8: The proposed structure is compatible with the immediate neighborhood
character for the following reasons. (1) although the proposed two-story structure, excluding the
garage, would be approximately 630 square feet (or 13%) larger than the average home in the
surrounding area, the building articulation and other design elements will conceal the additional
square footage and make the new residence compatible with the surrounding neighborhood; and
(2), at a height of 23 4' from existing grade and 25 T from finished grade, the proposed residence
would be similar in height to the other two-story homes within this development; and (3), with
regards to lot coverage, the proposed project would result in 53 5% of open space, which is 3.5%
more open space than the minimum Development Code requirement (50% in an RS -4 zoning
district), and (4), the building footprint would be 3,123 square feet (including the three car
garage), which is compatible to the other structures in the area; and (5), the proposed project
contains some of the same elements that are found throughout the tract. For example, all of the
existing homes are either split-level or two story, similar to the proposed structure; and (6), the
proposed project, which would include smooth stucco finish and a Spanish clay the roof, would
not introduce any new exterior materials to the area; and (7), the proposed structure respects the
minimum 20 foot front yard setback requirement which is consistent with the other existing homes
within this tract
Section 9: The proposed structure does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences because the proposed project's driveway and
motor court, plus the adjacent neighbor's driveway provides a sufficient buffer (25'-33') between
the proposed structure and existing neighboring structure that will provide a greater level of
privacy to the occupants of the abutting residence than if the proposed structure was constructed
at the minimum side yard setbacks (10' between structures) Additionally, since the proposed
bedroom and bathrooms tend to be more private areas than the living and dining rooms of the
adjacent residence (7440 Alida Place), privacy tends to be more of an issue for the subject
property owner then it may be for the adjacent property owner As such, once completed, the
proposed residence will most likely utilize shades or blinds to enhance the privacy between the
two residences. Further, the project will include translucent windows in the bathrooms
Section 10: 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)O) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the
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appropriate appeal fee, no later than fifteen (15) days following September 9, 1997, the date of
the Planning Commission's final action
Section 11: 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 the appeal of Height Variation No 826, thereby
approving a 5,497 -square -foot, 2 -story single-family residence, including garage, on an existing
vacant lot at 7460 Alida Place, subject to the conditions contained in Exhibit 'A', attached hereto
and made a part hereof, which are necessary to protect the public health, safety and welfare in
the area
PASSED, APPROVED, and ADOPTED this 9th day of September 1997, by the following vote
AYES Commissioners Cartwright, Clark, Ng, Slayden,
Vice Chairman Whiteneck, and Chairman Vannorsdall.
NOES Commissioner Al beri o
ABSTENTIONS
ABSENT
Carolynn Pe u, AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
<
Donald E. Vannorsdall
Chairman
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EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR HEIGHT VARIATION NO. 826 (7460 Alida Place)
A. General Conditions:
1) Within thirty (30) days following adoption of this Resolution, 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 shall render this approval null and void.
2) Construction of the project shall substantially conform to plans as approved by the
Planning Commission on September 9, 1997, which are identified as "Single
Family Residence, 7460 Alida Place, Rancho Palos Verdes, Ca 90275", prepared
by "Russell E. Barto, AIA, Architect', and noted "Received August 25, 1997
Planning, Budding & Code Enf'
3) Subject to review and approval by the Director of Planning, Building and Code
Enforcement, the bathroom windows along the East Elevation, which face towards
7440 Alida Place, shall be of a translucent glass. Additionally, there shall be no
bedroom window(s) that face east (towards 7440 Alida Place) in the bedroom
located at the southeast comer of the second story (above the first floor kitchen)
4) A minimum of 50% open space shall be maintained on the property.
5) A minimum of 50% of the required 20 foot front yard setback area shall be
maintained as landscaped area.
6) A minimum two car garage with a minimum interior dimension of 18 feet in width
and 20 feet in depth, shall be maintained for the storage of vehicles only
7) In the event that a Planning requirement and Budding & Safety requirement are in
conflict with one another, the stricter standard shall apply. Additionally, 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) The construction site 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 is not 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.
9) The approval of this height variation is contingent on the approval of Grading
Permit No 1886 from the Planning Commission for earth movement in excess of
50 cubic yards
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10) There are no trees on the subject property that impair views from any of the
nearby residences, therefore none of the vegetation on the subject lot needs to be
trimmed However, in no way would this determination preclude or prevent a
property owner from filing a View Restoration Permit against the subject property
in the future
11) The project shall comply with all conditions of approval from City Council
Resolution No 88-66 approved for Tentative Tract Map No. 46422.
12) Prior to issuance of a Certificate of Use and Occupancy, the applicant shall obtain
City approval of a Landscape Plan. All landscaping, according to such approved
plan, shall be installed within 90 days of issuance of the Certificate of Use and
Occupancy
13) All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the RS -4
district development standards of the City's Municipal Code.
14) Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
15) The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays
16) All roof pitches shall be 3 12.
B. Prior to Pouring of Concrete for Building Footings:
17) Prior to pouring concrete for the building footings, the applicant shall provide a
Setback Certification which will ensure that the building setbacks as established
through the construction of the building are consistent with the setbacks
established through the plan approved by the Planning Commission. Said
Certification shall be provided to the Budding Official by a licensed surveyor.
C. Prior to Building Permit final:
18) The maximum height of the two-story home, including roofing materials, shall not
exceed 23.4' (as measured from the highest elevation of existing grade covered
by the structure [276.8'] to the highest point on the ridge) and 25 7' (as measured
from the finished grade adjacent to the lowest foundation [274 5] to the highest
point on the ridge) Therefore, the maximum ridge height elevation shall not
exceed 300 2' Prior to Building Permit final, the applicant shall provide to the
Building Official a RIDGE HEIGHT CERTIFICATION prepared by a licensed
surveyor.
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P.C. Resolution No 97-45
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