PC RES 2002-001P.C. RESOLUTION NO. 2002-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING WITHOUT
PREJUDICE HEIGHT VARIATION NO. 938 FOR THE
CONSTRUCTION OF A 1,015 SQUARE FOOT FIRST STORY
ADDITION AND THE CONSTRUCTION OF A NEW 1,122
SQUARE FOOT SECOND STORY ADDITION, AT A HEIGHT OF
22.41', AS MEASURED FROM THE FINISH GRADE ADJACENT
TO THE LOWEST FOUNDATION TO THE RIDGE; AND
APPROVING WITH CONDITIONS, SITE PLAN REVIEW NO. 9202
FOR THE CONSTRUCTION OF A SINGLE STORY DINING
ROOM, KITCHEN, NOOK, AND STAIRS ADDITION, AT 4362
EXULTANT DRIVE.
WHEREAS, on May 15, 2001, the Planning Commission approved
Landslide Moratorium Exception Permit No 40 to allow the applicant to submit
the necessary Planning Department applications to request approval of a 597
square foot garage, 474 square foot first story addition, and a 1,251 square foot
second story addition; and,
WHEREAS, on July 26, 2001 an application for Height Variation No. 938
and Site Plan Review No. 9201 was submitted to the Planning Department to
allow the construction of a 1,071 square foot first story addition, including a 474
square foot garage, and the construction of a new 1,251 square foot second
story addition, and,
WHEREAS, on November 1, 2001 the subject applications were deemed
complete for processing by Staff; and,
WHEREAS, on November 3, 2001 the required public notices for the
December 11, 2001 Planning Commission meeting were mailed to property
owners within a 500 foot radius of the subject property, and a notice was
published in the Peninsula News on November 5, 2001; and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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.
938 would have a significant effect on the environment and, therefore the
proposed project has been found to be categorically exempt (Class 1, Section
15303(x)); and,
P.C. Resolution No. 2002-1
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WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on December 11, 2001, at which all interested parties were given
the opportunity to be heard and present evidence, and,
WHEREAS, on December 11, 2001 the Planning Commission continued
the public hearing to the January 22, 2002 Planning Commission meeting to
allow the applicant sufficient time to revise the proposed project to address
Planning Commission's concerns; and,
WHEREAS, on January 17, 2002, the applicant requested a continuance
of the public hearing to the February 12, 2002 meeting, and,
WHEREAS, on February 12, 2002, the Planning Commission held a duly
public hearing, at which all interested parties were given notice the 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 Planning Commission finds that the applicant
successfully completed the Early Neighborhood Consultation process by
obtaining 33 of the 56 properties within the 500' radius, which is 33%, and 10 of
the 12 properties within the 100' radius, which is 83%.
Section 2: The subject lot is not located in an area designated by the
City's General Plan and the City's Coastal Specific Plan as a viewing area and
therefore the proposed structure does not impair any public views.
Section 3: The subject lot is located on a manufactured slope that was
created at the time the building pads for the subject tract were graded and is not
located on a ridge or promontory, as defined by the City's development Code.
Section 4: Based on a site inspection, exclusive of foliage the proposed
addition will significantly block the ocean view from 4343 Dauntless Drive.
Dauntless Drive is located diagonally from the subject property and on a pad
elevation higher than the subject property with the ocean view oriented toward
the subject property Specifically, 4343 Dauntless Drive has an ocean view over
the existing garage at 4362 Exultant Drive The proposed second story addition
will be located above the existing garage therefore significantly blocking the
ocean view from 4343 Dauntless drive.
Section 5: The proposed project will create cumulative view
impairment because the properties located on Dauntless Drive are located on
higher elevations than the properties on Exultant Drive with views oriented
toward and above the houses located on Exultant Drive Therefore if the
P C. Resolution No. 2002-1
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properties located on Exultant Drive propose similar additions, they could
cumulatively block the views of the properties located on Dauntless Drive.
Section 6: The proposed addition is designed in such a manner which
will significantly impair the view of the residence at 4343 Dauntless drive
because 4343 Dauntless Drive has an existing view over the existing garage and
in the area in front of the garage, and the proposed first story addition is
proposed to be located in front of the garage and the second story addition is
proposed to be located above the first story addition and above the existing
garage.
Section 7: The proposed structure complies with the residential
development standards for a RS -4 zoning district in terms of open space, height
requirements, and setbacks. Furthermore, in addition to obtaining Planning
approval, building and grading permits must also be obtained for compliance with
the Uniform Building Code, the Development Code and the City's Municipal
Code.
Section 8: The proposed structure at 4,889 square foot will be within
the scale of the residences found in the Seaview neighborhood, therefore
compatible with the scale of the neighborhood. Furthermore, the design of the
proposed second story addition, which is located above the proposed garage is
similar to the design of the other two-story homes found in the neighborhood.
Specifically, the fagade of the proposed second story addition will be setback
away from the fagade of the first story addition, therefore providing articulation
between the first and second story, and minimizing the apparent bulk and mass
of the structure, which is compatible with the other two story homes in the
neighborhood
Section 9: The proposed second story addition will not result in an
unreasonable infringement of privacy because the residence adjacent to the
south contains a courtyard in the side yard adjacent to the addition, which does
not appear to be used as a gathering area, therefore, the windows located on the
south elevation of the second story addition will not create an infringement of
privacy on the property to the south. Additionally, there is currently a raised deck
located in the rear yard of the subject property, located at the top of the
transitional slope between the subject property and the property adjacent to the
rear, and the adjacent property to the rear is currently visible from the existing
deck, therefore, the proposed second story balcony will not increase the
infringement of privacy to the property adjacent to the rear.
Section 10: The proposed single story additions to the dining room
located to the rear of the existing residence, the kitchen and nook addition
located in the front of the existing residence and the stairs addition located to the
side of the existing residence will comply with all the Code requirements in terms
of lot coverage, setback, and height.
P C. Resolution No. 2002-1
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Section 11: A Notice of Decision shall be given to the applicant and to all
interested parties informing them of the Planning Commission's decision
Section 12: Any interested party 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 adoption of this resolution.
Section 13: 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 denies
without prejudice Height Variation No. 938, thereby denying the construction of a
1,071 square foot first story addition, and the construction of a new 1,251 square
foot second story addition, and approves with conditions, Site Plan Review No.
9202, thereby approving the construction of the dining room, kitchen, nook and
stair addition, totaling approximately 150 square feet.
PASSED, APPROVED, AND ADOPTED this 12th day of February, 2002, by
the following vote:
AYES: Commissioner Cartwright, Commissioner Long, Commissioner Mueller
NOES: Commissioner Vannorsdall, Chair Lyon
ABSTENTIONS: None
ABSENT: None
Joel F;4olas, C
A I
aQirect r of n�nping, Building
od'e Enforcement, and,
Secretary to the Planning Commission
Frank LyTn
Chairman
P.C. Resolution No. 2002- 1
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Exhibit "A"
Conditions of Approval
Height Variation No. 938 and
Site Plan Review No. 9202
The applicant/property owner shall submit to the City a statement, in writing that they
have read, understand and agree to all conditions of approval listed below. Failure to
provide said written statement within ninety (90) days of the effective date of approval
shall render this approval null and void
2. Approval of Height Variation No 938 and Site Plan Review No 9202 is for the
construction of a 1,015 square -foot first -story addition including a 581 square foot
garage and a 1,122 square foot second -story addition to an existing single -story single
family residential structure, resulting in a 4,881 square foot structure (including garage).
Said approval is also for the construction of an 182 square -foot deck attached to the
second floor addition STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A
LICENSED CIVIL ENGINEER OR SURVEYOR.
3. The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved preliminary plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions.
4 The addition shall maintain the following minimum setbacks.
15'-0" rear yard (proposed 34'-5")
5'-0" interior side yard (proposed 5'-0")
10'-0" street side yard (proposed 73'-6")
20'-0" front yard (proposed 24'-1")
INTERIOR SIDE YARD SETBACK CERTIFICATION REQUIRED BY A LICANSED
CIVIL ENGINEER OR SURVEYOR PRIOR TO THE FINAL OF THE BUILDING
PERMIT.
5 With the approval of Height Variation No 938, the height of the proposed addition shall
not exceed a maximum height of 22.41', as measured from the finish grade adjacent to
the lowest foundation (97 1') to the highest ridge (119.43'), and 19.28', as measured
from the highest elevation covered by structure (94 12') to the highest ridge. HEIGHT
CERTIFICATION REQUIRED BY A LICENSED CIVIL ENGINEER OR SURVEYOR.
A
7
9
The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as
required by the RS -4 zoning district (proposed 41 %)
All structures located within the required twenty (20) foot front yard setback area shall
not exceed a height of forty-two (42) inches in height
The required twenty (20) foot front yard setback area shall be at least fifty (50) percent
landscaped.
City Staff conducted a foliage analysis on the subject property and determined that there
is no existing foliage on the subject property that exceeds 16 feet in height and
P.0 Resolution No 2002-1
Exhibit "A" — Conditions of Approval
Page 1 of 2
significantly impairs views from neighboring properties. Therefore, City Staff finds that
no foliage shall be removed under this application request.
10 The project shall substantially conform to the plans stamped approved with the effective
date of this approval
11. No outdoor lighting shall be directed toward or results in direct illumination of a parcel of
property or properties other than that upon which such light source is physically located
Individual, nonreflector, incandescent light bulbs shall not exceed 150 watts each, or an
aggregate of 1,000 watts.
12. Permitted hours of construction are 7.00 a.m. to 7.00 p.m. Monday through Saturday
No work is permitted on Sundays or legal holidays.
13. 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, and appliances or other household fixtures
14. In the event that a Planning requirement and a Building and Safety requirement are in
conflict with one another, the stricter standard shall apply.
15. No grading is permitted with this approval
16. All applicable soils/geotechnical reports required by the Building and Safety Division
shall be obtained by the applicant and approved by the City's geologist prior to building
permit issuance.
17. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to commencing work
P.C. Resolution No. 2002-1
Exhibit "A" - Conditions of Approval
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