PC RES 2004-034P.C. RESOLUTION NO. 2004-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION AND A MINOR
EXCEPTION PERMIT (CASE NO. ZON2004-00164), FOR
PROPERTY LOCATED AT 5416 LITTLEBOW.
WHEREAS, on April 5, 2004, the applicant submitted a Height Variation
application requesting to construct a 1,587 square foot two-story addition to an existing
1,929 square foot single-family residence On May 6, 2004, staff completed the initial
review of the proposed plans, at which time the application was deemed incomplete due
to missing information on the project plans and/or applications The applicant submitted
the additional information to the City on May 14, 2004, and,
WHEREAS, the Height Variation application was deemed complete by staff on
June 11, 2004, and,
WHEREAS, on July 26, 2004, pursuant to the provisions of the Permit
Streamlining Act, the applicant granted a 90 -day extension on the action deadline to the
City Furthermore, the applicant requested a Minor Exception Permit to allow a 22
square foot portion of the addition to encroach 3'-11" into the front setback, 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 Regulations, 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 the Height Variation and
Minor Exception Permit will have a significant effect on the environment and, therefore,
the proposed project has been found to be categorically exempt under Class 1 (Section
15301), and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on July 27, 2004 and August 24, 2004, at which times all interested parties
were given opportunities to be heard and present evidence, and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS
Section 1: That the approved project includes the construction of a 1,587
square foot two-story addition to a 1,929 square foot residence Furthermore, the
approved project allows a 22 square foot portion of the addition to encroach 3'-10" into
the front yard setback.
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Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
70% of the property owners' signatures within 100 feet and 25% of the signatures of the
property owners within 500 feet of the subject site.
Section 3: The Height Variation is warranted since the proposed addition to
the existing structure that is above sixteen feet in height does not significantly impair a
view from public property (parks, major thoroughfares, bike ways, walkways or
equestrian trails), which has been identified in the City's General Plan or Coastal
Specific Plan, as City -designated viewing areas There are no public property viewing
areas, as designated within the General Plan, within the vicinity of, or that look over, the
subject site.
Section 4: The Height Variation is warranted since the proposed structure is
not located on a ridge or promontory. The subject property is located within a fully
developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code.
Section 5: The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet in height, as defined in Section 17 02 040(B) of this
Chapter, when considered exclusive of existing foliage, does not significantly impair a
view from the viewing area of another parcel Based on an analysis of the area, the
only view impairment caused by the proposed structure is from the viewing area of
26630 Shorewood. However, this impairment is not considered significant due to the
amount of impairment, as compared to the entire view.
Section 6: The Height Variation is warranted since although view impairment
exists from the viewing area of another parcel, it is determined not to be significant, as
described in the previous section. Further, the proposed addition is designed and
situated in such a manner as to reasonably minimize the impairment of a view. This
was accomplished by minimizing the plate height within the residence and utilizing a low
roof pitch.
Section 7: The Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment that
would be caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height, and (b) considering the
amount of view impairment that would be caused by the construction on other parcels of
similar new structures or additions that exceed sixteen feet in height. In an analysis of
the area, it is found that should the four adjacent parcels build to the same height as the
applicant, they would not create any additional impairment due to the topography of the
area
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Section 8: The Height Variation is warranted since the proposed structure
complies with all other code requirements, in as much as the proposal meets all
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code
Section 9: The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character Based on an analysis of the
area, it is found that the proposed structure is consistent with the character of the
immediate neighborhood with respect to architectural style and materials, bulk and
mass, number of stories, structure size, front, side, and rear yard setbacks, and open
space between structures
Section 10: The Height Variation is warranted since the addition to the existing
structure that is above sixteen feet does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences A condition of approval has been
added that requires the windows in the south bedrooms on the second floor to either be
clerestory or translucent glass to address the privacy impacts to the neighbors With
the implementation of this condition of approval, the privacy impact has been mitigated
beyond a level of significance.
Section 11: The Minor Exception Permit is warranted by a practical difficulty
Inasmuch as an encroachment into the front yard setback is needed to maintain the
neighborhood compatibly of the protect, a practical difficulty exists for the applicant
Section 12: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council Pursuant to Sections 17 02 040,
17 76.040(H) and 17.80.070 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 September 8, 2004
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 approve the Height
Variation and Minor Exception Permit to allow for the construction of a 1,587 square foot
addition to a 1,929 square foot residence and a 3'-11" encroachment into the front yard
setback (Case No. ZON2004-00164); subject to the conditions contained in Exhibit 'A',
attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare in the area.
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PASSED, APPROVED AND ADOPTED this 24th day of August 2004, by the following
vote.
NOES. iw(w
ABSTENTIONS:ME
ABSENT am
Craig Mueller,
Chairman
4oel
Rojas,
for of PI ing, Building and Code Enforcement, and,
Secretary to the Planning Commission
P C Resolution No. 2004- 34
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-34)
Height Variation and Minor Exception Permit
(Case No. ZON2004-00164)
Approval of this Height Variation and Minor Exception Permit shall not be
construed to mean any waiver of applicable and appropriate zoning regulations,
or any Federal, State, County, and City laws and regulations Unless otherwise
expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
2 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
3 The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Budding 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.
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 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.
6. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department
7 The construction site, 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 not be
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 All applicable permits required by the Budding and Safety Division shall be
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obtained by the applicant prior to the commencement of construction
10. At least 50% of the existing interior and exterior walls or existing square footage
of the structure shall be retained by the approved project. Otherwise, any
nonconformities existing at the time of Planning approval shall be corrected as a
part of the project. In addition, neighborhood compatibility analysis will be
required if not conducted as a part of the original Planning approval.
Height Variation
11. The approval of this Height Variation allows for the construction of a 1,587
square foot addition to the existing 1,929 square foot residence. More
specifically, the addition shall consist of 103 square foot addition to expand the
east side of the garage and a new 1,484 second story
12. The approved project shall maintain a maximum 52% lot coverage. (Proposed
39%)
13. The proposed residence shall not exceed a height of 25 11', as measure from the
lowest grade adjacent to the foundation/slab (103.87') to the ndgelme of the
residence (128 98') and 24 33', as measured from the highest existing grade
covered by structure (104.65') to the ndgelme of the residence.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
14. The proposed structure shall maintain the following minimum setbacks -
15' rear (proposed: 38'-6"')
5' west side (proposed: 5')
5' east side (proposed: 9')
20' front (garage 16'-1" and 20' for all other portions of the residence)
SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION
SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW
AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
15. In order to protect the privacy of the neighboring properties, the second story
windows to the two south bedrooms shall adhere to the following provisions -
a) The window on the west wall of the bedroom on the southwest corner of
the second floor shall be a clerestory window The window on the south
wall of the same room shall consist of translucent glass
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b) The window on the south wall of the bedroom on the southeast comer of
the second floor shall be a clerestory window.
c) The window on the west wall in the upstairs center bedroom shall consist
of translucent glass
PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE PLANS SHALL BE
MODIFIED TO REFLECT THE CHANGES TO MEET THIS CONDITION OF
APPROVAL.
Minor Exception Permit
16 The approval of this Minor Exception Permit allows a 22 square foot addition on
the northeast corner of the garage to encroach 3'-11" into the front yard setback.
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