PC RES 1999-034P.C. RESOLUTION NO. 99- 34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 459 FOR THE
CONSTRUCTION OF A 112 SQUARE FOOT PORTION OF A BALCONY
CONSIDERED TO BE A ROOF DECK, FOR AN EXISTING SPLIT-LEVEL,
TWO-STORY RESIDENCE AT 6608 VIA LA PALOMA.
WHEREAS, on August 10, 1999, the applicant, Frank Politeo, representing property
owners Mr and Mrs. Larry Cohn, submitted applications for Variance No 459 and Site Plan
Review No. 8699 requesting approval for the construction of a 206 square foot lower -level
addition along the rear of an existing split-level, two-story residence, with a 335 square foot
upper-level balcony, which contains a 112 -square foot portion considered as a roof deck;
and,
WHEREAS, on August 19, 1999, the applications for Variance No 459 and Site
Plan Review No. 8699 were 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, Tale 14, Section 15000 of seq , the City's Local CEQA
Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 459 and Site Plan Review No. 8699
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class 1 (Existing Structures) since the project
involves an addition to an existing residential structure; 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 September 28, 1999, at which time all interested parties were given an opportunity to
be heard and present evidence,
! •' ' i i ! • ! 9.11010
Section 1: The project site is subject to exceptional or extraordinary circumstances
or conditions which do not apply generally to other properties in the RS -3 zoning district,
and the project site is different from other properties in the neighborhood in a material way;
since the property is a lot of record existing prior to the City's incorporation and is located
in an area that was developed prior to said incorporation. Further, there are other
residences in the area that contain balconies and portions that would be classified as roof
decks
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property owners under like
conditions in the same zoning district since other residences in the area contain what the
Development Code defines as roof decks. These are features to alleviate flat fagades for
portions of structures that face the public right-of-way.
Section 3: The granting of the variance will not be detrimental to the public welfare
or injurious to property and improvements in the area in which the property is located. The
roof deck will not be located on the highest roof plane of the residential structure, and will
located at the rear of the residential structure and directed towards the public right-of-way
(i.e., towards Via Colinita)
Section 4: The variance will not be contrary to the objectives of the General Plan
or the policies and requirements of the Coastal Specific Plan in that the roof deck will not
be detrimental to the public welfare, or injurious to property and improvements in the area.
Further, there are other residences in the area with roof deck features, and the proposed
roof deck will be compatible with the neighborhood, and thus the character of the
neighborhood will be maintained
Section 5: The addition complies with all other Code requirements for building
height, setbacks, structure size, and open space. As such, Site Plan Review No. 8699 can
be approved for the 209 square foot addition and balcony.
Section 6: 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 Variance No. 459 and
Site Plan Review No. 8699, for the construction of a 206 square foot lower -level addition
along the rear of the existing residence with a 335 square foot upper-level balcony, which
contains a 112 square foot portion considered as a roof deck created by a portion of the
proposed balcony located over enclosed habitable space on the lower level, subject to the
conditions contained in the attached Exhibit "A".
Section 7: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17 76 040(H) 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
September 28, 1999, the date of the Planning Commission's final action.
Resolution N• 99-34
Page of
PASSED, APPROVED, AND ADOPTED this 28th day of September 1999, by the following
vote:
AYES: Alberio, Cartwright, Clark, Lyon, Paris, Slayden, Vannorsdall
NOES: None
ABSTENTIONS. None
Joel Rqjas, A[cp
Direct gIr of Plannit?, Bu Iding and
ciadeltriforcement; d. Secretary
to the Planning Commission
Jo/f Cartwright
Manning Commission Chairman
P C Resolution No 99-34
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General Conditions:
EXHIBIT 'A'
CONDITIONS OF APPROVAL
VARIANCE NO. 459
SITE PLAN REVIEW NO. 8699
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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
Variance:
2 The Variance application is to allow for the 112 square foot portion of the new
balcony that is considered to be a roof deck
3. Modifications to the roof deck that includes enlargement, relocation or the like, shall
require review and approval by the Planning Department.
Site Plan Review
4. The following minimum setbacks shall be maintained for the addition:
• Front yard: 20'-0" minimum (proposed: no change)
• Side yard. 5'-0" minimum (proposed 10' minimum)
• Rear yard: 15'-0" minimum (proposed: ±100)
5 The proposed addition will not alter the existing overall building height of ±25'-9"
since the addition will be located within the existing building height envelope
However, the addition in no way shall result in a structure height that exceeds a
16'/30' building envelope; 16 -feet as measured from the average elevation of the
front setback line to ridge, and 30 -feet as measured from the lowest finished grade
adjacent to the structure to ridge.
6. Since the subject property is located within the RS -3 zoning district, the parcel shall
maintain a minimum open space of 55% (proposed 88 33%)
PC Resolution No. 99-34
Exhibit "A" -Conditions of Approval
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7 No grading, as defined by the City's Development Code, is approved with this permit
application
8 Construction of the project shall substantially conform to the plans provided by Frank
Politeo, stamped as approved by the Planning Department.
9 The maximum structure size allowed for this property is 6,548 square feet, based
on a 100% expansion of the original structure size of 3,274 square feet as indicated
in the building permits of the address file (2,874 square foot residence and 400
square foot detached garage) This 206 square foot addition to the lower -level will
result in a structure size of 3,080 square feet.
10 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply
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 on 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 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
13 The maximum eave projection allowed into the required setback areas shall not
exceed 6 -inches for each 1 -foot of required setback.
14 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions
PC Resolution No. 99-34
Exhibit "A" -Conditions of Approval
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