PC RES 1999-016P.C. RESOLUTION NO. 99-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING HEIGHT
VARIATION NO. 877, THEREBY ALLOWING A 432 SQUARE
FOOT SECOND STORY ADDITION ABOVE AN EXISTING
480 SQUARE FOOT GARAGE AT A MAXIMUM HEIGHT OF
16'-8" AS MEASURED FROM ADJACENT GRADE TO TOP
OF RIDGE, FOR AN EXISTING RESIDENCE LOCATED AT
5 CINNAMON LANE.
WHEREAS, on December 14, 1998, the Director of Planning, Building and Code
Enforcement approved Landslide Moratorium Exception Permit No 25 (LME No 25) for
a room addition over the existing garage, thereby allowing the applicant to submit the
required height variation application for consideration, review and analysis of the second
story addition, and,
WHEREAS, on February 1, 1999, the applicant and landowner, James Knight
submitted Height Variation No 877, requesting approval for the construction of a 432
square foot second story addition over the existing garage to cover 92% of the garage
footprint, at a height of 16-0" as measured from adjacent grade to the top of ridge, for
property located at 5 Cinnamon Lane, and,
WHEREAS, on February 26, 1999, Staff deemed the application incomplete to allow
the applicant to redesign the proposed second story addition, since the request did not
comply with the minimum requirements of the Uniform Building Code, and,
WHEREAS, on March 24, 1999, the applicant resubmitted Height Variation No 877,
requesting approval for a second story addition over the existing garage at a height of 16'-
8" as measured from adjacent grade to the top of ridge, and,
WHEREAS, on March 29, 1999, after review of the modified plans and verification
of the temporary frame silhouette, Height Variation No 877 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 877 would have a significant
effect on the environment and, therefore, the proposed project was found to be
categorically exempt (Section 15301), 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 May 11, 1999, at which time all interested parties were given an opportunity to be heard
and present evidence
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Section 1: The applicant has complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 27 9% of
the property owners within 500 feet of the subject property, and 70% of the owners within
100 feet of the subject property who have reviewed the plans.
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 with varying pad elevations Further, the property is
not located along the coastal bluffs
Section 4: The proposed second -story addition, when considered exclusive of
foliage, does not significantly impair a view from the viewing area of another parcel, since
it was determined that the only residence, located at 9 Cinnamon Lane, that could be
impacted by the proposed second story addition at 5 Cinnamon Lane does not maintain
a protected view as defined by the Development Code since the view is over and through
the building envelope of a potentially developable parcel Further, the views from the
vacant developable parcel will not be impaired by the proposed second -story addition
Section 5: There is no significant cumulative view impairment caused by granting
the application since it was determined that the residence located at 9 Cinnamon Lane
does not maintain a protected view
Section 6: There are no protected views from the surrounding properties that will
be significantly impaired by the proposed project, and the design of the proposed second
story expansion will contain a flat roof and be situated above the existing garage, which
will be approximately one foot higher than the existing residence.
Section 7: The proposed addition complies with all other Code requirements
since the addition will not result in a structure size that exceeds the maximum allowable
structure size Further, the existing from, rear and side yard setbacks, and open space will
not be modified and will continue to meet or exceed the minimum requirements of the
P C Resolution No 99 - 16
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Development Code Additionally, the proposed addition is subject to, and must comply
with, the standards contained within the Uniform Building Code
Section 8: The proposed second -story addition is compatible with the immediate
neighborhood character, and the bulk and mass is mitigated since the second story will be
over the existing garage located at the rear of the property, sufficiently setback from the
street. Further, since the pad is at a higher elevation than the street, the second story
addition will not be readily visible from the street In addition, the second story addition
will contain similar finish materials, consistent with the existing residence and the
immediate neighborhood
Section 9: The proposed addition will not infringe on the privacy of abutting
residences since the proposal incorporates translucent/frosted window treatment for the
windows on the east fagade of the second story addition
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, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Height Variation No
877, thereby approving a 432 square foot second story addition over the existing garage
to cover 92% of the garage footprint, at a maximum height of 16'-8" as measured from
adjacent grade to top of ridge, for property located at 5 Cinnamon Lane, 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 99 - 16
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PASSED, APPROVED, AND ADOPTED this 11th day of May 1999, by the following vote:
AYES Alberio, Cartwright, Lyon, Paris, Slayden
NOES None
ABSTENTIONS. None
ABSENT Clark, Vannorsdall
Joel qpjas, Aicn
Dire or of Plannin , B ilding and
jaode Enforcement, nd, Secretary
to the Planning Commission
Jbn Cartwright
Planning Commission Chairman
P C Resolution No 99 - 16
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EXHIBIT fW
CONDITIONS OF APPROVAL
HEIGHT VARIATION NO. 877
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 addition over the existing two -car garage is limited to an overall
height of sixteen -feet eight -inches (16-8") as measured from adjacent grade to
ridge Height shall be measured from the middle of the existing garage, along the
rear fagade. 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 (no change)
Side yard- 5'-0" minimum (no change to existing 24'-0")
Rear yard. 15'-0" minimum (no change to existing 21'-0")
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 The second story windows on the east facade (in the direction of 7 Cinnamon Lane)
shall contain a frosted/translucent window treatment
6. If the project has not been established (i e, building permits obtained) within one
year of Planning Commission approval, or if construction has not been completed
within one hundred eighty (180) days of the issuance of building permits, approval
of Height Variation No. 877 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 new
height variation request must be approved prior to further development
7 No grading is approved in conjunction with the construction of this project
8. A minimum 75% open space shall be maintained on the property, as the property
is located within the RS -1 district
9 In the event that a Planning requirement and a Building and Safety requirement are
in conflict with one another, the stricter shall apply
10 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
11 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
12 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
13 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.
14 The applicant shall maintain the existing two -car garage with a minimum,
unobstructed, interior dimension of 18'-0" (width) by 20'-0" (depth), and a minimum
unobstructed vertical clearance of 7 -feet.
15 The office area of the second story addition shall be setback a minimum of 4 -feet
from the rear facade of the garage
16 All conditions of approval associated with the approval of Landslide Moratorium
Exception Permit No 25 shall remain in full force and effect.
P.C. Resolution No. 99 -16
Exhibit "A"
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