PC RES 2003-042 P.C. RESOLUTION NO. 2003-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING WITH
CONDITIONS HEIGHT VARIATION AND SITE PLAN REVIEW
CASE NO. ZON2003-00059 TO ALLOW THE CONSTRUCTION
OF 618 SQUARE FEET OF FIRST STORY ADDITIONS
THROUGHOUT AN EXISTING RESIDENCE AND A 563 SQUARE
FOOT SECOND STORY ADDITION ABOVE THE EXISITNG
GARAGE LOCATED AT 38 CINNAMON LANE.
WHEREAS, on December 17, 2002, the City Council approved Landslide
Moratorium Exception Permit Case No. ZON2002-00347 to allow the landowners
to proceed with the appropriate planning applications to construct 618 square
feet of first story additions and to construct a new 563 square foot new second-
story addition to an existing single-story residence; and,
WHEREAS, On February 7, 2003, Height Variation Permit and Site Plan
Review Case No. ZON2003-00059 was submitted to the Planning, Building and
Code Enforcement Department for processing; and,
WHEREAS, on July 11, 2003 the subject application was deemed
complete for processing by Staff; and,
WHEREAS, on July 31, 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 August 2, 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 and
Site Plan Review Case No. ZON2003-00059 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 September 9, 2003 and September 23, 2003, at which time 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:
P.C. Resolution No.2003-42
Page 1 of 4
Section 1: The Planning Commission finds that the applicant
successfully completed the Early Neighborhood Consultation process by
obtaining 13 of the 33 properties within the 500' radius, which is 39.4%, and 6 of
the 8 properties within the 100' radius, which is 75%.
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 homes on the same side of Cinnamon Lane contain views toward the south
and not in the direction of the subject property, and views from the developable
areas of the vacant properties across the street would likely be impaired by the
existing residence on the subject property. Therefore, the additions will not
significantly impair a view from another parcel's viewing area.
Section 5: The proposed project will not create cumulative view
impairment from surrounding properties in that views from the developable area
of the vacant lots across the street are already impaired by the 3 existing single-
story homes adjacent to the subject property.
Section 6: The proposed structure has been designed to minimize the
impairment of views from surrounding properties since the homes in the vicinity
do not contain a view through the subject property.
Section 7: The proposed structure complies with the residential
development standards for a RS-2 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 scale of
the immediate neighborhood in that although the final square footage will be
larger than the average square footage found in the immediate neighborhood,
the proposed additions have been designed to not significantly increase the
apparent bulk and mass of the existing structure. Further, the property is
situated in such a way, that the second story addition above the existing garage
will not be readily visible, hidden behind existing foliage.
P.C. Resolution No. 2003-42
Page 2 of 4
Section 9: The proposed architectural style will be compatible with the
proposed architectural style of the immediate neighborhood in that the
surrounding homes consist mainly of stucco finish with wood trim, and the roof
material is mainly imitation wood shake. The proposed structure is also
proposed to be finished with stucco and wood trim with clay tile roof material,
similar materials as the ones found in the neighborhood, therefore the
architectural style of the proposed structure will be compatible with the
architectural style of the homes found in the immediate neighborhood.
Section 10: The proposed structure will be compatible with the front,
sides and rear yard setback of the immediate neighborhood in that the proposed
additions will not significantly alter the appearance of the existing setbacks since
the additions will not project closer to the property lines than the existing
residence.
Section 11: According to the layout of the proposed addition in relation to
the surrounding neighboring, the proposed second-story addition will not result in
an unreasonable infringement of privacy since the windows proposed on the
west elevation will be facing the driveway of the home to the west, an area not
used for gathering.
Section 12: A Notice of Decision shall be given to the applicant and to all
interested parties informing them of the Planning Commission's decision.
Section 13: 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 14: 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
with conditions Height Variation and Site Plan Review Case No. ZON2003-
00059, thereby approving the construction of 618 square feet of first-story
additions throughout the residence and the construction of a new 563 square foot
second-story addition above the existing garage, subject to the conditions of
approval in Exhibit "A".
P.C. Resolution No.2003-42
Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2003, by
the following vote:
AYES: Commissioners Cote, Tomblin, Cartwright, Lyon, and Vice Chair Mueller
NOES: none
ABSTENTIONS: Commissioner Duran Reed
ABSENT: Chairman Long
-6‘a;
C(A1C, IKV LL 1tt--
VkCe Chairman
Adak
Jtel 1Rojas, Al
D re for of Pla nin•, Building
an. Code Enfor ement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2003- 42
Page 4of4
Exhibit "A"
Conditions of Approval
Site Plan Review and Height Variation
Case No. Z0N2003-00059
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
by the applicant.
12.The project shall not involve the renovation and remodel such that 50% or greater of
any existing interior and exterior walls or existing square footage is demolished or
removed.
13.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.
14.Approval of Height Variation and Site Plan Review (Case No. ZON2003-00219)
allows for the construction of 618 square feet first-story additions throughout the
existing residence and the construction of a new 563 square foot second-story
addition above the existing garage.
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.
15.The entry addition is proposed at a height of 20.5', as measured from the point
where the lowest foundation meets finished grade (451.0') to the proposed ridge
(471.5'), and 15.5', as measured from the highest elevation of building pad covered
by structure (456.0') to the proposed ridge. The master bedroom addition is
proposed at a height of 19.5', as measured from the point where the lowest
foundation meets finished grade (451.0') to the proposed ridge (470.5'), and 14.5',
as measured from the highest elevation of building pad covered by structure (456.0')
to the proposed ridge. The proposed second story addition is proposed at a height
of 24.75', as measured from the point where the lowest foundation meets finished
grade (451.0') to the proposed ridge (475.75'), and 19.75', as measured from the
highest elevation of building pad covered by structure (456.0') to the proposed ridge.
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.
SPR & HV Case No.ZON2003-00059
PC Resolution 2003.42
Page2of3
16.The proposed structure shall maintain the following minimum setbacks:
Front: 20'-0" (proposed: 24'-0")
East Side: 5'-0" (proposed: 25'-9")
West Side: 5'-0" (proposed: 5'-2")
Rear: 15'-0" (proposed: 51'-0")
17.The subject property shall not exceed a maximum lot coverage of forty (40) percent,
as required by the RS-2 zoning district (proposed 34.3%).
18.All structures located between the front façade closest to the front property line and
the frontp roperty line shall not exceed a height of forty-two (42) inches in height.
19.No improvements shall be permitted on "extreme slopes" (35% or greater).
20.The proposed fountain in the rear yard shall be less than 24" deep. The fountain
shall include a leak detection system approved by the City's Building Official.
21.The resulting garage must maintain an unobstructed ground space of no less than
ei hteen (18) feet in width by twenty (20) feet in depth, with a minimum of seven (7)
g
feet of vertical clearance over the space.
22.All conditions of approval from Landslide Moratorium Exception Permit Case No.
ZON2002-00347 shall remain in full force and effect.
SPR&HV Case No.ZON2003-00059
PC Resolution 2003- 42
Page 3 of 3