PC RES 2003-005 •
P.C. RESOLUTION NO. 2003-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, HEIGHT VARIATION CASE NO. ZON2002-00492
TO ALLOW THE CONSTRUCTION OF A 96 SQUARE FOOT
SECOND STORY ADDITION TO THE REAR AND THE
CONSTRUCTION OF A 300 SQUARE FOOT BALCONY ALONG
THE FRONT FACADE OF THE EXISTING RESIDENCE
LOCATED AT 30148 VIA BORICA.
WHEREAS, on September 30, 2002 Height Variation Case No. ZON2002-
00492 was submitted to the Planning Department to allow the construction of a
96 square foot second story addition, and the construction of a 300 square foot
second story balcony; and,
WHEREAS, on January 10, 2003 the subject application was deemed
complete for processing by Staff; and,
WHEREAS, on January 16, 2003 a public notice was mailed to property
owners within a 500 foot radius of the subject property informing them of the
proposed project. Furthermore, a notice was published in the Palos Verdes
Peninsula News on January 18, 2003; 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 Case
No. ZON2002-00492 would have a significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class
1, Section 15303(a)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on February 25, 2003, at which all interested parties were given
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 59 of the 90 properties within the 500' radius, which is 66%, and 9 of
the 12 properties within the 100' radius, which is 75%.
P.C. Resolution No.2003-05
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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 an analysis of the existing neighborhood, the
surrounding residences do not have any views through the proposed addition.
The residential structure to the north side of the subject property is located on
similar elevation as the subject residence, therefore, it does not contain any
views through the subject property. The properties located to the rear of the
subject property are on much higher elevation than the subject property, that the
building pads of these properties are higher than the existing ridge of the
residence. Therefore the proposed addition will not significantly impair a view
from the viewing area of another parcel.
Section 5: The proposed project will not create a cumulative view
impairment from surrounding properties in that if the 4 closest properties to the
subject property propose similar additions to the proposed addition, the additions
will not cause a view impairment from another property.
Section 6: The proposed structure has been designed to minimize the
impairment of views from surrounding properties by situating the addition in the
existing void corner of the residence, and not extending closer to any property
line, or exceeding the height of the existing structure.
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 will be compatible with the character
of the immediate neighborhood in that the resulting square footage of the
proposed structure will be within the scale of the homes found in the
neighborhood; and that the proposed addition will not alter the architectural style
of existing residence, which is currently compatible with the design of the
surrounding homes; and that the proposed addition will be located in the rear,
and therefore not alter the front yard setback, and therefore, maintain the
compatibility with the surrounding properties.
Section 9: According to the layout of the proposed addition in relation to
the surrounding neighboring, the proposed project will not result in an
P.C. Resolution No. 2003-05
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unreasonable infringement of privacy since no windows are proposed on the
north elevation, and the property to the rear is at a much higher elevation than
the subject property.
Section 10: A Notice of Decision shall be given to the applicant and to all
interested parties informing them of the Planning Commission's decision.
Section 11: 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 12: 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 Case No. ZON2002-00492, thereby approving the 96 square
foot second story addition, at a height of 19'-6", as measured from the adjacent
grade to the top of the addition, and the 300 square foot second story front
balcony, at a height of 12'-0", as measured from the adjacent grade to the top of
y
the railing, subject to the conditions of approval in Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 25th day of February, 2003, by
the following vote:
AYES: Commissioners Cartwright, Cote, Lyon, Vice Chair Mueller, and
Chairman Long
NOES: None
ABSTENTIONS: Commissioner Tomblin
ABSENT: Commissioner Duran Reed
Thomas Long
Chairman
Jfojas, Al leDor of Pla Building
and Code Enfo . ent; and,
Secretary to the Planning Commission
P.C. Resolution No. 2003-05
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Exhibit "A"
Conditions of Approval
Height Variation Case No. ZON2002-00492
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 one (1) year 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 abandonment or non-use of this approval after a period of one (1) year shall
terminate the approval and any privileges hereunder shall become null and void.
4. 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.
5. The project shall substantially conform to the plans stamped approved with the
effective date of this approval.
6. 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.
7. 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. No grading is approved or allowed under this permit approval.
10.A11 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.
11.All applicable permits required by the Building and Safety Division shall be obtained
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by the applicant.
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.Approval of Height Variation (Case No. ZON2002-00492) allows for the construction
of 96 square foot second story addition to the rear of an existing 2,830 square foot
residence, and for the construction of an approximately 300 square foot second
story balcony, along the front façade.
14. The proposed second story addition is proposed at a height of 19'-6", as measured
from the adjacent grade to the top of the addition, and the proposed second story
balcony is proposed at a height of 12'-0", as measured from the adjacent grade to
the top of the railing.
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.
15.The proposed new additions approved under this permit shall maintain the following
minimum setbacks:
Front: 20'-0" (proposed: 31'-8")
South Side: 5'-0" (proposed: 12'-6")
North Side: 5'-0" (proposed: 8'-0")
Rear: 15'-0" (proposed: 134'-0")
16.The subject property shall not exceed a maximum lot coverage of fifty (50) percent,
as required by the RS-4 zoning district (proposed 19.3%).
17.All structures located between the front façade closest to the front property line and
the front property line shall not exceed a height of forty-two (42) inches in height.
18.The required twenty (20) foot front yard setback area shall be at least fifty (50)
percent landscaped.
19.No improvements shall be permitted on "extreme slopes" (35% or greater).
Exhibit"A"—Conditions of Approval
HV Case No.ZON2002-00492
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