PC RES 1999-045P.C. RESOLUTION NO. 99-45
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 891,
VARIANCE NO. 462, AND FENCE, WALL AND HEDGE PERMIT NO. 30.
THE HEIGHT VARIATION IS FOR A TWO-STORY ADDITION OVER THE
EXISTING ONE-STORY RESIDENCE WITH ATTACHED GARAGE. THE
ADDITION MEASURES 670 SQUARE FEET ON. THE FIRST FLOOR AND
1,280 SQUARE FEET ON THE SECOND FLOOR, FOR A TOTAL OF 1,950
SQUARE FEET. THE HEIGHT OF THE STRUCTURE MEASURES 237',
AS MEASURED- FROM HIGHEST EXISTING PAD ELEVATION TO THE
HIGHEST RIDGELINE, AND A MAXIMUM OVERALL HEIGHT OF 24 -
FEET THE VARIANCE ALLOWS A 240 SQUARE FOOT ROOF DECK,
AND ALLOWS THE ADDITION TO RESULT IN AN OVERALL
STRUCTURE SIZE THAT EXCEEDS THE MAXIMUM ALLOWABLE
STRUCTURE SIZE BY 208 SQUARE FEET. FENCE, WALL AND HEDGE
PERMIT ALLOWS FOR AN 8 -FOOT LONG, 11 -FOOT HIGH HEDGE,
ALONG THE WEST PROPERTY LINE. THE IMPROVEMENTS ARE FOR
PROPERTY LOCATED AT 27026 FREEPORT ROAD.
WHEREAS, on June 22; 1,999, the applicant/landowner, Martha Gaglio and Carlos
Amezcua, submitted Height Variation No 891, requesting approval for the construction of
a 1,280 square foot two-story addition up to an overall height of 26 -feet, for property
located at 27026 Freeport Road, and,
WHEREAS, on July 13, 1999, the application was deemed incomplete pending the
submittal of additional information, and,
WHEREAS, on September 27, 1999, Variance No 462 was submitted, requesting
approval for a 240 square foot roof deck as part of the two story addition and approval to
exceed the maximum structure.size. allowed for the property; and,
WHEREAS, on September 27, 1999, Staff deemed the applications generally
complete for processing, 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 884 would have a significant
effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 1 (Section 15301) since the project involves an addition
to an existing single-family 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 November 9, 1999, at which time all interested parties were given an opportunity to be
heard and present evidence. At which time the Planning Commission also raised concerns
and provided the applicant with direction in modifying the project, and continued the item
to the December 14, 1999 meeting, and,
WHEREAS, on November 11, 1999, the applicant submitted a written statement,
which granted a one-time 90 -day extension of the Permit Streamlining Act deadline of
November 26, 1999, and thereby establishing an action deadline of February 24, 2000;
and,
WHEREAS, on December 6, 1999, the applicant submitted revised plans for the
proposed addition, and submitted Fence, Wall and Hedge Permit No 30 for the proposed
8 -foot long, 11 -foot high, hedge proposed along the west property line, which were
subsequently deemed complete by Staff, and,
WHEREAS, on December 14, 1999, the Planning Commission held a duly noticed
public hearing on the continued item.
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 41 % of the
61 property owners within a 500 -foot radius of the subject property and 70% of the property
owners within a 100 -foot radius of the subject property, where a minimum of 25% and 70%,
respectively, are required by Code.
Section 2: The subject property is not overlooked by any park, major
thoroughfare, bikeway, walkway, or equestrian trail identified in the City's General Plan
Section 3: The subject property is not located on a ridge or promontory, since
there are pad lots with homes located at varying elevations, both above and below, and is
not located along the coastal bluffs, nor located on a mass of land that overlooks or
projects onto a lowland or body of water.
Section 4: The proposed second -story addition, when considered exclusive of
foliage, will not significantly impair, a view from the viewing area of another parcel The
properties on the north side of the street, within the immediate neighborhood, contain
unobstructed views primarily in a north and northeasterly direction of the Santa Monica
Bay, to the Los Angeles basin, to the harbor area, and not over the subject property The
properties on the south side of Freeport Road, directly across from the subject property,
do not contain views over the subject property
Resolution • 991
Page,,.
Section 5: There is no significant cumulative view impairment caused by granting
the application since there are no properties that contain protected views over the subject
property. Further, the properties on the south side of Freeport Road do not contain views
due to the topography and existing one-story residences on the north side of the street.
Section 6: The proposed second -story addition is designed and situated in such
a manner as to minimize view impairment since the properties on the north side of Freeport
Road contain views that are not in the direction of, nor overlook, the subject property.
Further, the residences on the south side do not contain views due to the topography of the
area and the existing one-story residences on the north side
Section 7: The proposed structure complies with all other Code requirements in
that the proposed 59% open space will continue to be greater than the minimum 48%
required for the zoning district The two -car garage complies with the minimum parking
requirements of the Development Code, and the existing front and side yard setbacks will
not be modified The proposed rear yard setback will also be greater than the minimum
required
Section 8: The propesed structure is compatible with the immediate
neighborhood character, and is within the range of maximum structure sizes allowed within
the immediate neighborhood; further, the architectural style and roofing material will be
consistent with other homes in the neighborhood, and will maintain the gable roof pitch of
the structure
Section 9: The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences because all the windows along the
second story east elevation will be clerestory type windows, and a six-foot high translucent
glass railing/wall along the east side of the roof deck will be constructed The two features
will mitigate privacy infringement upon the adjacent down-slope property to the east.
Further, approval of Fence, Wall and Hedge Permit No 30 allows the planting of an 8 -foot
long, 11 -foot high, hedge along the west property line, which will mitigate privacy
infringement upon the adjacent up-slope property to the west
Section 10: The subject property contains exceptional or extraordinary
circumstances or conditions which do not apply to other properties in the same zoning
district since the Development Code currently establishes a limit to structure size, while the
proposed addition will result in a structure size that is within the range of maximum
structure sizes allowed within, the immediate neighborhood, which is the area that the
proposal was determined to be compatible with. Further, the property does not currently
contain a deck over an enclosed area of the residence (Le , roof deck), and other properties
in the same zoning district have been granted approval for similar features, which provides
articulation in the building fagade
P C Resolution No 99-45
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Section 11: The variance is necessary for the preservation and enjoyment of a
substantial property right to remodel and maintain a single-family residence and make
additions to said residence This property right is allowed for other residences in the
immediate neighborhood, however, there are other homes that are allowed a larger
maximum structure size Further, the roof deck provides for a second -story open space
area that is an integral part of the development, design and improvement of the residential
structure
Section 12: The requested variance will not be materially detrimental to the public
welfare because the addition will be concentrated at the rear of the structure, and will not
be readily visible from the public right-of-way Further, appropriate measures and features
have been implemented to mitigate privacy infringement upon the adjacent properties to
the east and west of the subject property
Section 13: The variance meets the intent, goals and policies of the City's General
Plan since is the General Plan's goal to protect the general health, safety, and welfare of
the community (Land Use Plan, Page 192-193) As concluded above, the roof deck will not
be detrimental to the public welfare, or injurious to property and improvements in the area
Further, the General Plan's policy to maintain and improve the existing neighborhoods to
maintain optimum standards of housing quality and design The addition will be located at
the rear of the structure and will not be readily visible from the public right-of-way
Section 14. The hedge approved under Fence, Wall and Hedge Permit No 30 will
not significantly impair a view from the viewing area of adjacent property to the west since
the hedge will not project into the easterly view of the harbor, while the remaining view of
the Los Angeles basin and the Santa Monica Bay will remain unobstructed Further, the
subject property is not overlooked by any park, major thoroughfare, bikeway, walkway, or
equestrian trail identified in the City's General Plan
Section 15: There is no foliage on the subject property was identified as
significantly impairing a view from the viewing area of another parcel
Section 16. The placomi .pt of the hedge shall comply with the standards and
requirements of the Development Code, which allows for placement of hedges up to a
maximum height of 16 -feet along the side property line (Section 17 76 030 C 1 b) The
foliage for the hedge will be Pittosporum Tobira, which is a type of foliage that can be
maintained as a hedge up to a maximum height of 16 -feet.
Section 17: 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
P C Resolution No 99-45
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Section 18: 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. 891,
Variance No. 462, and Fence, Wall and Hedge Permit No. 30. Thus approving a two-story
addition of 1,950 square feet to an existing single-family residence with attached garage,
resulting in a structure size that exceeds the maximum allowed by 208 square feet and an
overall height of 24-feet; for a roof deck as part of the proposed addition; and for an 8-foot
long, 11-foot high, hedge along the west property line.
PASSED, APPROVED, AND ADOPTED this 14th day of December 1999, by the following
vote:
AYES: Alberio, Cartwright, Clark, Lyon, Slayden, Vannorsdall
NOES: Paris
ABSTENTIONS: None
ABSENT: None
Agron S. Cartwright
Planning Commission Chairman
Joel '•jas, AICP
Direc •r of Planning, :A ing and
Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 99-4s
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EXHIBIT W
CONDITIONS OF APPROVAL
HEIGHT VARIATION NO. 891,
VARIANCE NO. 462,
AND
General Conditions:
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 approval shall become null and void after one year from the date of Planning
Commission approval, unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process
3. The following minimum setbacks shall be maintained from property lines
• Front yard: 20'-0" minimum (proposed no change)
• Side yard 5-0" minimum (proposed: 6 -feet on east and west sides)
• Rear yard. 15'-0" minimum (proposed- 34'-3")
• Hillside Setback: 5'-0" minimum (proposed- 5 -feet minimum)
4. Raising of the ridgeline of the existing garage shall be limited to 15 -feet, as
measured from the highest pad elevation covered by the structure, located at the
southeast corner of the garage.
5. No grading is approved under this application
6. Due to the RS -5 zoning of the subject property, a minimum of 48 -percent open
space shall be maintained on the lot (proposed 59%)
7. The existing unpermitted deck located at the rear of the property that extends over
the extreme slope shall be demolished prior to final of the building permit
8. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
Exhibit "A"
P.C. Resolution No. 99 - 45
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9. 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.
10. 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
11. The maximum eave projection allowed into the required setback areas shall not
exceed 6 -inches for each 1 -foot of required setback.
12 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.
Height Variation Conditions
13. Approval of Height Variation No. 891 is for a two-story addition to the existing one-
story residence. The addition entails 670 square feet on the first floor and 1,280
square feet on the second floor, for a total of 1,950 square feet.
14. A six-foot high translucent glass railing/wall along the east side of the roof deck shall
be constructed and remain, to mitigate privacy infringement upon the adjacent
property to the east.
15. The windows along the second -story east elevation shall be clerestory type
windows
16 The maximum height of the structure shall not exceed 23'2" as measured from the
highest pad elevation of the structure, which is a benchmark elevation of 99'6"
located at the southeast corner of the existing attached garage; thus, the maximum
ridge elevation is limited to 122'8" Further, the maximum overall height of the
structure shall not exceed 24 -feet (ridge elevation of 122'8"), as measured from the
lowest pad elevation of 98'8", which is located adjacent to the west elevation (side)
of the existing structure. The benchmark elevations shall be taken from a
benchmark reference elevation, located at the southwest corner of the lot, where the
west (side) property line and the south (front) property line meet. RIDGE HEIGHT
CERTIFICATION REQUIRED.
Exhibit "A"
P.C. Resolution No. 99 - 45
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Vanance Conditions
17. Approval of Variance No. 462 is for a 240 square foot roof deck on the second story,
at the rear of the structure, which will be accessed from the new second story
master bedroom
18. Approval of Variance No 462 is also to allow for an overall structure size that
exceeds the maximum allowable by 208 square feet. Thereby, allowing for a 4,290
square foot structure, which is 208 square feet larger than the 4,082 square foot
structure size allowed by right (calculated according to the open space percentage
of the lot size)
Fence, Wail and Hedge Permit Conditions
19 Approval of Fence, Wall and Hedge Permit No 30 is for the placement of an 11 -foot
high hedge along the west side property line to mitigate privacy infringement upon
the adjacent property to the west.
20. The hedge shall be planted in a 3 -foot high planter along the west side property line
of the subject property, resulting in an overall hedge height of 14 -feet Further, the
height of the approved hedge is 9 -feet high, as measured from the adjacent
elevation of the property to the west
21. The hedge shall measure 8 -feet long, as measured from the exterior rear fagade of
the existing structure on the adjacent property to the west
22. The maximum overall height of the hedge, as measured from lowest adjacent grade
to the planter to the top of hedge, shall not exceed 16 -feet.
23 The foliage utilized for the hedge shall be Pittosporum Tobira.
Exhibit "A"
P.C. Resolution No. 99 - 45
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