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WHEREAS, on May 29, 2003 the subject application, Site Plan Review Case No
ZON2003-00280 was submitted to the Planning Department for review The application
was a request to allow the construction of 3,174 square feet of first -story additions to the
existing 2,423 square foot residence (including garage area), and,
WHEREAS, on March 4, 2004 the required public notice was mailed to property
owners within a 500' foot radius of the subject property and the required notice was
published in the Peninsula News on March 6, 2004, and,
WHEREAS, on April 26, 2004 the Director of Planning, Budding and Code
Enforcement conditionally approved the requested application, and a Notice of Decision
was prepared and distributed to all interested parties; 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 Case No ZON2003-00280 would have a
significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt under Class 1 (Section 15303) since the site is developed with a
single-family residence and the proposed project consists of a minor alteration to the
existing structure on the subject property, with no significant additional site disturbance;
and,
WHEREAS, on May 12, 2004, within fifteen (15) days following the Director's Notice
of Decision, Ms Rose Marie DiSanto, from 13 Cayuse Lane submitted an appeal letter and
the associated fee to appeal the Planning Director's decision to the Planning Commission
based upon the belief that the City should not have granted the approval of the additions
on a property containing fences in the roadway easement located to the front of the subject
property; 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 27, 2004, at which time all interested parties were given an 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 upholds the Directors conditional approval
of Site Plan Review (Case No ZON2003-00280), and finds as follows:
a) That the proposed additions comply with the RS -2 Residential Development
Standards in terms of setback, lot coverage, and height requirements
b) The proposed structure's scale is compatible with the scale of surrounding
properties, in that it will be within the range of the structure sizes found within
the twenty (20) closest properties, in that the apparent bulk and mass will be
compatible since the structure will remain a single story structure and the flat
front fagade is a design found in the surrounding residences
c) The proposed structure's architectural style will be compatible with the
architectural style of the surrounding residences in that the proposed
residence will maintain a hip -pitched roof with clay -tile roofing materials,
wood siding and brick details and these are materials that are common in the
neighborhood.
d) The proposed structure's front, side and rear yard setback will be compatible
with the setbacks found in the surrounding properties since most homes in
the immediate neighborhood are smaller than the proposed residence, the
neighboring lots are comparable in size to the subject property, and the
proposed project will maintain the required setbacks for lots created after the
City's incorporation, which is larger than other lots in the immediate
neighborhood
Section 2: 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 3: For the foregoing reasons, and based on the information and findings
included in the Staff Report to the Director dated April 20, 2004, the Staff Report to the
Planning Commission dated July 27, 2004, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal,
thereby upholding the Directors conditional approval of Case No. ZON2003-00280 and all
the conditions of approval as stated in the attached Exhibit "A".
P.C. Resolution No. 2004-30
SPR Case No.ZON2003-00280
Page 2
PASSED, APPROVED, AND
ADOPTED this 27th day of July 2004, by the following vote:
AYES:
Commissioners Karp, Gerstner, Vice Chair Cote, and
Chairman Mueller
NOES: Commissioners Knight and Tetreault
ABSTENTIONS: None
ABSENT: Commissioner Van Wagner
Craig Muell
Planning Commission Chairman
11611116.
.1gi ►
Joel R%jas, ICP
Direc •r of planning, ;; sing and
Code nfor ement; a ' •, Secretary
to the P anning Commission
P.C. Resolution No.2004-3°
SPR Case No.ZON2003-00280
Page 3
Exhibit "A"
Conditions of Approval
Site Plan Review
Case No. ZON2003-00280
1 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 The approval shall become null and void after 180 days from the date of approval unless the
approved plans are submitted to the Building and Safety Division to initiate the "plan check"
review process, pursuant to Section 17 86 070 of the City's Development Code This
approval shall become null and void if, after initiating the "plan check" review process, or
receiving a building permit to begin construction, said "plan check" or permit is allowed to
expire or is withdrawn by the applicant
3 The Director of Planning, Budding 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. Approval of Site Plan Review Case No. ZON2003-00280 is for the construction of a 3,174
square foot first -story addition to the existing residence PRIOR TO THE ISSUANCE OF
CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE
DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE
BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL
ENGINEER OR SURVEYOR SHALL BE SUBMITTED.
5 The proposed structure shall maintain the following minimum setbacks
Front* 20'-0" (proposed. 20'-2")
West Side 10'-0" (proposed 22'-8")
East Side- 10'-0" (proposed- 27'-0")
Rear 20'-0" (proposed. 20'-0")
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT AND THE BUILDING OFFICIAL, FRONT AND REAR YARD SETBACK
CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE
SUBMITTED.
6 The proposed structure shall not exceed 15 98' in height, as measured from the point where
the lowest foundation meets finished grade (11197'), and 15 25', as measured from the
highest grade covered by structure (112 70) to the top of the proposed ridge (127 45).
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION, BY A
CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED.
7. The subject property shall not exceed a maximum lot coverage of forty (40) percent, as
required by the RS -2 zoning district (proposed 38 6%).
8. 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
9 The required twenty (20) foot front yard setback area shall be at least fifty (50) percent
landscaped
10 The proposed garage must maintain an unobstructed ground space of no less than eighteen
(18) feet in width by twenty (20) feet in depth, with a minimum of seven (7) feet of vertical
clearance over the space
11 No improvements shall be permitted on "extreme slopes" (35% or greater)
12 Based on a site visit, Staff found that there is no foliage on the subject property that exceeds
sixteen (16) feet in height and significantly impairs views from neighboring properties
Therefore, Staff finds that no foliage shall be removed under this application request
13 The project shall substantially conform to the plans stamped approved with the effective
date of this approval
14 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
15 The construction site and adjacent public and private properties 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.
i
16 In the event that a Planning requirement and a Building & Safety requirement are in conflict
with one another, the stricter standard shall apply
17 No grading is approved or allowed under this permit approval
18 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.
19 All applicable permits required by the Budding and Safety Division shall be obtained by the
applicant
20. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW
AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT, the applicant shall remove all existing fences and ivy from the road and
utility easement located to the front of the subject property
Exhibit "A" — Conditions of Approval
SPR Case No. ZON2003-00280
Page 2