PC RES 1998-042P.C. RESOLUTION NO. 98-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING HEIGHT
VARIATION NO. 856 FOR A 173 SQUARE FOOT
EXPANSION TO THE EXISTING THREE -CAR GARAGE,
AND CONSTRUCTION OF A 996 SQUARE FOOT SECOND
STORY EXPANSION WITH BALCONY OVER THE THREE -
CAR GARAGE AT A MAXIMUM HEIGHT OF 20'-6" AS
MEASURED FROM THE HIGHEST GRADE COVERED BY
THE STRUCTURE TO RIDGE. SAID APPLICATION IS
REQUESTED FOR PROPERTY LOCATED AT 32415
NAUTILUS DRIVE.
WHEREAS, on February 16, 1998, Magaly Perea, the applicant representing the
landowner Michael Snbney, submitted application for Height Variation No 856, requesting
approval for a 173 square foot expansion to the existing three -car garage, and a 996
square foot second -story expansion over the three -car garage, up to a maximum height
of 20'-6" as measured from the highest grade covered by the structure to ridge; and,
WHEREAS, on June 15, 1998, the application for Height Variation No 856 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 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. 856 would have a significant
effect on the environment and, therefore, the project has been found to be statutorily
exempt (Section 15270), 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 July 28, 1998, at which time all interested parties were given an opportunity to be heard
and present evidence, and,
WHEREAS, on July 28, 1998, the Planning Commission directed the applicant to
re -design the proposed protect and continued the meeting to a future date, pending the
submittal of a revised application and a re -designed protect that addresses the concern
of view impairment, and,
WHEREAS, on August 12, 1998, the landowner submitted a written statement
granting a total of a 150 day extension of the Permit Streamlining Act to January 12, 1999;
and,
f
WHEREAS, on October 27, 1998, the applicant submitted a revised application and
a modified project; and,
WHEREAS, after re -notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on December 8, 1998,
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 Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 90% of the
property owners within 500 feet of the subject property.
Section 2: The proposed addition does not significantly impair a view from public
property that has been identified in the City's General Plan or Coastal Specific Plan as
City -designated viewing areas since there are no City -designated public viewing areas
located in this subdivision, and the subject property is not located within the Coastal
Specific Plan area.
Section 3: The proposed structure is not located on a ridge or promontory since
the property is located within a tract that does not project onto a lowland or body of water
Further, the property is not located along the coastal bluffs
Section 4: The proposed second -story expansion, when considered exclusive of
foliage, does not significantly impair a view from the viewing area of another parcel. The
Planning Commission reviewed the application, and with additional input from the property
owner at 32410 Nautilus Drive, concluded that the addition with a 3.12 pitched roof at a
height of 20'-6" as measured from the highest point covered by the structure will not
significantly impair the primary view from the viewing area at 32410 Nautilus Drive.
Section 5: There is no significant cumulative view impairment caused by granting
the application since construction of similar structures on other parcels is not feasible due
to the lack of vacant developable parcels in the view area The pending Ocean Trails
development will result in some residences slightly projecting into the ocean view enjoyed
by the residence at 32410 Nautilus Drive; however, the new residences are being
constructed within the 16 -foot height limit permitted by the Development Code
Section 6: The proposed structure is designed and situated in such a manner as
to minimize view impairment, since it was determined that the addition would not
significantly impair a protect view from the viewing area at 32410 Nautilus Drive Further,
the addition will be set back 4 -feet from the first story elevation to provide articulation and
P C Resolution No 98-42
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break the appearance between the garage on the first floor and the office and bedroom
addition on the second floor
Section 7: The proposed second story addition complies with all other Code
requirements, including established setbacks from the property lines, open space and
maximum structure size
Section 8: The proposed second -story addition is compatible with the immediate
neighborhood character since the second story expansion will result in a residence that
continues to be the smallest structure in the Nautilus Drive neighborhood; the design and
exterior finish materials are similar to the neighborhood, and the structure height is
consistent with other residences in the neighborhood
Section 9: The proposed addition will not infringe on the privacy of abutting
residences since the proposed second story expansion does not contain windows that are
oriented towards the neighboring residence, nor do the windows look directly into the yard
and private gathering spaces of the adjacent properties
Section 10: Any interested person may appeal this decision or any portion of this
decision 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 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, the information and findings included in the Memorandum
analyzing the modified project, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Height Variation No
856, thereby approving enlarging the existing three -car garage by 173 square feet, and
the construction of a 996 square foot second -story expansion with balcony over the 3 -car
garage, up to a maximum height of 20'-6" as measured from the highest existing grade
covered by the structure to ridge, 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 98-42
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PASSED, APPROVED, AND ADOPTED this 8th day of December 1998, by the following
vote
AYES Alberio, Cartwright, Clark, Lyon, Slayden, Vannorsdall
NOES Paris
ABSTENTIONS None
ABSENT None
Joel qpjas, AICP
Direc r of Planning, uilding and
Enforcement; and, Secretary
to the Planning Commission
A:\HV856\RES02.WPD
Iczece.,
Lawrence E
Clark
Planning Commission
Chairman
P C Resolution No 98-42
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EXHIBIT "A"
CONDITIONS OF APPROVAL
HEIGHT VARIATION NO. 856
Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or 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 approval.
Failure to provide said written statement within ninety (90) days following the date
of this approval shall render this approval null and void
2. The second story expansion over the three -car garage is limited to an overall
height of twenty feet six -inches (20'-6") as measured from the highest existing
grade covered by the structure to ridge Height shall be measured from the north-
east corner of the existing garage RIDGE HEIGHT CERTIFICATION REQUIRED.
3. The minimum setback for the proposed addition shall conform to the approved
plans, but in no case shall be less than -
Front yard 20'-0" minimum (proposed. 39'-5")
25'-0" minimum for second story (proposed: 39'-5")
Side yard 5'-8" minimum (proposed- 5'-8")
Rear yard 15'-0" minimum (no change to existing)
4. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or to any of the conditions of approval
if such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions
5. If the project has not been established (i e, building permits obtained) within one
hundred eighty (180) days of approval, or if construction has not been completed
within one hundred eighty (180) days of the issuance of building permits, approval
of the protect shall expire and be of no further effect unless, prior to expiration, a
written request for extension is filed with the Department of Planning, Building and
Code Enforcement and approved by the Director Otherwise, a height variation
revision must be approved prior to further development
6. No grading is approved in conjunction with the construction of this protect.
7. A minimum 55% open space shall be maintained on the property, as the property
is located within the RS -13 district
8. In the event that a Planning requirement and a Building and Safety requirement are
in conflict with one another, the stricter shall apply.
9. The project shall be constructed in substantial conformance with the approved plans
stamped and submitted to the Planning Department by the applicant and/or owner
10. The hours of construction shall be limited to 7:00 a m. to 7 00 p m, Monday through
Saturday. No construction shall be permitted on Sundays or legal holidays.
11 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 materials 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
12. The appearance and color of the exterior stucco and finish materials for the
proposed addition shall be compatible with the existing structure, as determined by
the Director of Planning, Building and Code Enforcement.
13. The applicant shall maintain a two -car garage with a minimum, unobstructed,
interior dimension of 18'-0" (width) by 20'-0" (depth), for the parking and storage of
automobiles within the garage on the subject property Modifications to the interior
area of the garage which includes the conversion of non -habitable space into
habitable space shall require Planning Department approval
14 The office area of the second story addition shall be setback a minimum of 4 -feet
from the front facade of the garage
P.C. Resolution No. 98 - 42
Exhibit "A"
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