PC RES 1997-070P.C. RESOLUTION NO. 97-70
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING HEIGHT
VARIATION NO. 844 FOR AN 855 SQUARE FOOT SECOND
STORY ADDITION TO AN EXISTING SINGLE FAMILY
RESIDENCE WITH A MAXIMUM HEIGHT OF 25'-3" ABOVE
EXISTING GRADE, LOCATED AT 30016 AVENIDA CLASSICA
WHEREAS, on July 9, 1996, the owners, Tom Kristy and Lynn Comer, submitted an
application for Height Variation No 844 to allow the construction of an 855 square foot second
story addition with a height of 20'-0" above the highest point of existing grade to be covered by
structure and 25'-3" above the point where the lowest foundation or slab meets finished grade;
and,
WHEREAS, on September 10, 1997, the owners, Tom Kristy and Lynn Comer, submitted
an application for Variance No 428 to allow the proposed second story addition to be constructed
less than the required 15'-0" from toe of slope, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 of seg ("CEQA:'), the State's CEQA Guidelines, California
Code of Regulation, Title 14, Section 15000 of seg., 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 844 would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
(Class 1, Section 15301); and,
WHEREAS, after nonce issued pursuant to the requirements of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on November
25, 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 86% (need at least 70%)
of the landowners within 100 feet of the site, and 54% (need at least 25%) of the total number of
landowners within 500 feet of the subject site
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: The subject property is located within a housing tract with varying pad
elevations for each lot The entire tract slopes downward, towards the west and away from the
subject property The applicant's 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 proposed second story addition will be located at the rear of the lot
near the existing slope, and is therefore situated in a manner to minimize impairment of views
from neighboring properties as their views are to the west and not in the direction of the proposed
addition
Section 6: The proposed structure, when considered exclusive of existing foliage, does
not significantly impair a view from a viewing area of another parcel because the view -
From the existing residence at 30002 Avenida Classica, which is located next door and to the
north of the subject property, is towards the west and over the neighboring lots below The
proposed addition is located south of this site and in an area where there will be no view
impairment to this residence
From the existing residence at 30026 Avenida Classica, which is located next door and to the
south of the subject property, similar to 30002 Avenida Classica, is also directly to the west and
over the neighboring lots below The proposed addition is located north of the site and in an area
where there will be no view impairment to this residence
From Hughes Market, which is located upslope and adjacent to the rear property line of the
subject property, is not considered because Proposition M was adopted to help protect views
from residential property and not commercial property
From other lots that are near to the subject parcel are located at a sufficiently lower elevation
(downslope) than the subject property
Section 6: There is no significant cumulative view impairment caused by granting the
application because the proposed addition is located in an existing single family subdivision which
is primarily built out, the subject site is located such that there will be no impairment on view from
any surrounding properties, and construction on other parcels of structures similar to the
proposed structure may cause view impairment on their own but would not contribute to
cumulative impacts as associated with this proposal
Section 7: The proposed structure complies with all other Code requirements, such as
open space and setback standards with the exception of the rear yard setback. However,
through approval of Planning Commission Resolution No 97-71, the applicant has obtained
approval of Variance No 428 for a reduction in the minimum setback from the toe of an existing
slope and therefore the proposed project is considered in compliance all other Code
requirements
Section 8: The proposed structure is compatible with the immediate neighborhood
character for the following reasons (1) although the proposed two-story structure after
P C Resolution No 97-70
Page 2 of 6
construction of the addition, would be approximately 1,564 square feet larger than the smallest
home in the surrounding area, it is 1,098 square feet less than the largest home in the area and
therefore is within the size range of other homes in the surrounding neighborhood, and (2), at a
height of 20'-0" to 25'-3" from existing grade, the proposed residence would be similar in height
to the other two-story homes within the surrounding neighborhood, and (3), with regards to lot
coverage, the proposed addition plus existing residence and driveway would result in 70% open
space, which is 15% more open space than the minimum Development Code requirement (55%
in an RS -3 zoning district), and (4), the proposed project, which would include asphalt shingle
roof, wood shingle siding, wood trim and stucco finish, 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 windows of the closets,
bathroom and stair corridor will be of translucent glass
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)(j) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the
appropriate appeal fee, no later than fifteen (15) days following November 25, 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 approves Height Variation No 844, thereby approving an 855
square -foot, two story addition to the existing single family residence at 30016 Avenida Classica,
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
P C Resolution No 97-70
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PASSED, APPROVED, and ADOPTED this 25th day of November 1997, by the following vote
AYES Commissioners Alberio, Cartwright, Clark, Slayden,
Vice Chairman Whiteneck, and Chairman Vannorsdall.
NOES None.
ABSTENTIONS: None.
ABSENT Commissioner Ng.
Carolynn Pelru, AICP
Director of Planning, Building and
Code Enforcement, and, Secretary
to the Planning Commission
114
Donald E. Vannorsdall
Chairman
P.C. Resolution No 97-70
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR HEIGHT VARIATION NO. 844 (30016 Avenida Classica)
A. General Conditions:
1) Within ninety (90) 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 November 25, 1997, which are identified as "Remodel
for Mr. Tom Knsty and Ms Lynn Comer, 30016 Avenida Classica, Rancho Palos
Verdes, Ca 90275", prepared by "Edward Carson Beall, AIA and Associates", and
noted "Received November 20, 1997 Planning, Building & Code Enf'
3) A minimum of 55% open space shall be maintained on the property
4) In the event that a Planning requirement and Building & 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
5) 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
6) The approval of this height variation is contingent on the approval of Variance No
844 and Grading Permit No. 1971 from the Planning Commission for a reduced
slope setback and earth movement in excess of 50 cubic yards, respectively.
7) 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
8) 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 -3
district development standards of the City's Municipal Code.
P C Resolution No 97-70
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9) 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
10) 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
11) This permit shall be valid for one (1) year from the date of final action on the
permit The permit shall be null and void after that time unless the applicant has
commenced upon the use, as that phrase is defined in Development Code Section
17 86 070(A), or if the applicant has been granted an extension
12) The landowner shall comply with all recommendations and requirements of the
Division of Building and Safety, and the City's Geotechnical Staff
B. Prior to Building Permit final:
13) The maximum height of the two-story home, including roofing materials, shall not
exceed 20'-0" from the highest point covered by the existing structure (elevation
112.51) to the highest point on the ridge (elevation 132 51) and 25'-3" as
measured from the finished grade adjacent to the lowest foundation (elevation
107.23) to the highest point on the ridge (elevation 132 51) Therefore, the
maximum ridge height elevation shall not exceed: 132 51'. 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 97-70
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General
CONDITIONS OF APPROVAL
GRADING PERMIT NO. 1971
30016 AVENIDA CLASSICA
•
Within ninety (90) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all Conditions of
Approval contained in this document Failure to provide such statement shall render
this approval null and void
2 The landowner shall comply with all Conditions of Approval contained in P.0
Resolution Nos 97-70, and 97-71, granted in association with Height Variation No 844
and Variance No 388, respectively.
3. Construction of the project shall substantially conform to plans as approved by the
Planning Commission on November 25, 1997, which are identified as "Remodel for Mr
Tom Kristy and Ms Lynn Comer, 30016 Avenida Classica, Rancho Palos Verdes, Ca
90275", prepared by "Edward Carson Beall, AIA and Associates", and noted
"Received November 20, 1997 Planning, Building & Code Enf'
4. The hours of grading and construction shall be limited to 7 00 a.m. to 7*00 p m ,
Monday through Saturday only No construction shall be permitted on Sundays or
Legal Holidays
Grading
5 The maximum height of the proposed retaining wall is 6'-6" The maximum amount of
cut shall be 90 cubic yards.
6. The landowner shall comply with all recommendations and requirements, if any, of the
Division of Building and Safety and of the City's Geotechnical Staff. In the event that
two conditions are in conflict with one another, the stricter shall apply
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