PC RES 2004-043P.C. RESOLUTION NO. 2004-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO. ZON2004-00366, A
VARIANCE AND HEIGHT VARIATION PERMIT FOR 3,618 SQUARE FEET
OF ADDITIONS TO AN EXISTING RESIDENTIAL STRUCTURE,
RESULTING IN A 6,632 SQUARE FOOT STRUCTURE MEASURING 34.3 -
FEET IN OVERALL HEIGHT FOR PROPERTY LOCATED AT 6512 NANCY
ROOM
WHEREAS, on July 9, 2004, Leslie Tillmann submitted a new Variance application
and a Height Variation application (hereinafter referred to as ZON2004-00366) for 3,618
square feet of additions to an existing residence, and,
WHEREAS, on August 4, 2004 the required temporary silhouette certification was
submitted; and,
WHEREAS, on August 9, 2004, Case No. ZON2004-00366 was deemed complete
for processing, 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. ZON2004-00366 would have a
significant effect on thO 'environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Existing Facilities) since the project involves an
addition to an existing i residence; 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
September 28, 2004, at which time the Planning Commission continued the item to October
12,2004,and,
WHEREAS, on October 12, 2004, the Planning Commission held a duly noticed
public hearing, at which time all interested parties were given an opportunity 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: There are exceptional or extraordinary circumstances or conditions
applicable to the property, which do not apply generally to other property in the same
zoning district. Specifically, the height of the existing residence is greater than the
maximum permissible for the zoning district, and due to the topography of the property, any
addition to the residence results in a lower grade elevation for measuring height, which
results in a higher structure.
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right that is possessed by other property owners under like conditions
in the same zoning district. The subject property is unique in that the existing residence
already exceeds the height limitations of the Development Code, and due to the
topography, any addition results in a lower grade elevation. Thus, to maintain the right to
improve and add onto the residence, a variance is necessary.
Section 3: Granting the variance will not be materially detrimental to the public's
welfare or injurious to property and improvements in the area in which the property is
located since the additions will be concentrated towards the rear and since the existing
ridgeline will not be raised the appearance of the structure will remain the same. Further,
the adjacent properties to the rear will not be affected due to the distance of the structures
and the topography between them, while the adjacent properties to the sides will not be
affected since they do not directly view the structure.
Section 4: Granting the variance will not be contrary to the objectives of the
General Plan Specifically, the General Plan states, "the goal of the City is to enhance the
visual character and physical quality of existing neighborhoods" The additions will not be
visible from the street, the resulting height of the structure will not be apparent from the
street, and the front of the residence will continue to enhance the unique visual character of
the Nancy Road neighborhood.
Section 5: The owners complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 81 25% of
the property owners within 100 -feet of the subject property and 45 2% of the property
owners within 500 -feet of the subject property, who have reviewed the plans prior to filing
the application with the City.
Section 6: The proposed additions do not significantly impair a view from public
property which has been identified in the City's General Plan or Coastal Specific Plan as a
City -designated viewing area because there are no such areas that overlook the subject
property.
Section 7: The property is not located on a ridge or promontory as there are other
parcels with varying pad elevations that were terraced when initially constructed.
Section 8: The proposed additions that are above sixteen feet in height do not
significantly impair a view from the viewing area of another parcel since there are no views
in the direction of, or over the subject property The properties on either side are not
oriented towards the subject property, the parcels directly across the street from the subject
property do not contain a view in the direction of the subject property due to the topography
and development of the area, and the properties to the rear are located downslope of the
subject property and do not contain views in the direction of the subject property
P.C. Resolution No. 2004-43
Page 2
Section 9: There is no view impairment from the viewing area of another parcel
because other properties do not contain views in the direction of the subject property due to
the topography and development of the area.
Section 10: There is no significant cumulative view impairment caused by granting
the application since the view analysis has determined that the project will not result in view
impairment. Further, due to the topography and development of the area, the residences in
the area do not contain views in the direction of the subject property.
Section 11: The proposed structure complies with all other Code requirements in
that all the development standards of the RS -3 Zoning District are met and the minimum
setback requirements are exceeded.
Section 12: The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roofing material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
neighborhood. Further, the additions will not alter any governing setback that is prevalent
in the neighborhood. Lastly, the additional size of the residence will not be apparent since
it will be concentrated at the rear of the existing residence, and will therefore not appear
bulky or massive.
Section 13: The proposed structure will not result in an unreasonable infringement
of privacy of the occupants of abutting residence since the project has been conditioned to
not contain a roof deck over the entire garage, and has been conditioned to required the
planting of foliage along the east side property line between the new addition and the rear
property line.
Section 14: For the foregoing reasons and based on the information and findings
included in the Staff Reports, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Case No ZON2004-
00366 for a Height Variation and Grading Permit, thereby allowing 3,618 square feet of
additional area to the existing residence and allowing the resulting structure height at 34.3 -
feet, 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.
Section 15: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 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 November 10, 2004.
P.C. Resolution No. 2004-43
Page 3
PASSED, APPROVED, AND ADOPTED this 26h day of October 2004, by the following
vote:
AYES: Karp, Gerstner'
NOES Mueller
ABSTENTIONS. Tetrault, Perestam
ABSENT Cote, Knight
(traig Mueller
Planning Commission Chairman
Jo R jaS, AIC P
0
DVirc r of Pla g, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P C Resolution No 2004-43
Page—4
1P a 71-V
Conditions of Approval
Case No. ZON2004-00366
(Variance &Height Variation)
1 Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
property owner shall submit to the City a statement, in writing, that they have read,
understand and agree to all conditions of approval contained in this approval. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void.
2 The approval shall become null and void after one 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.
3 Approval is for a 3,618 square feet of additions to an existing residence, resulting in a
6,632 square foot structure measuring 34 3 -feet in overall height Specifically, 1,803
square feet to the lower level (including garage), 1,491 square feet to the street level,
and 324 square feet to the upper level.
4 The following minimum setbacks shall be maintained,
• Front yard: 20'-0" minimum (proposed: no change to existing)
• Side yard: 5'-0" minimum (proposed. 7'-0" east side / 14'-0" west side)
• Rear yard: 15'-0" minimum (proposed: 49 -feet)
5 The new side entry two -car garage shall maintain a minimum 25 -foot side yard setback.
6 The lowest finish grade elevation for the addition shall be 620 00', located at the
bedroom addition at the rear. SUBJECT TO REVIEW AND APPROVAL BY THE
BUILDING OFFICIAL AND DIRECTOR, AN AS -BUILT PLAN STAMPED BY A CIVIL
ENGINEER IS REQUIRED PRIOR TO FINAL OF BUILDING PERMIT.
7. The maximum overall height of the structure is limited to 34.3 -feet, as measured from
highest ridgeline of the residence (654.3') to lowest finish grade elevation (620 00')
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE
HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO FINAL OF BUILDING PERMIT.
8 The maximum ridgeline elevation of the addition to the upper level shall be limited to
654 3.
9. The maximum structure size of the residence, including garages, shall be limited to a
total area of 6,632 square feet. Specifically, the lower level will contain 2,339 square
feet (including garages), the street level will contain 2,643 square feet, and the upper
P.C. Resolution No. 2004-43
Page 5
level will contain 1,282 square feet. SUBJECT TO REVIEW AND APPROVAL BY THE
BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A
LICENSED SURVEYOR, ENGINEER OR ARCHITECT IMMEDIATELY AFTER
FRAMING OF STRUCTURE.
10. Future additions on the property shall be subject to Neighborhood Compatibility.
11 A minimum of three enclosed garage spaces shall be maintained, with each space
being individually accessed and each maintaining a minimum unobstructed dimension
of 9 -feet -wide by 20 -feet -deep by 7 -feet -vertical clearance.
12 The maximum slope of the driveway shall be limited to 20%
13. The minimum unobstructed width of the driveway shall be 10 -feet.
14. The protect shall not contain a roof deck over the area of the reconstructed garage on
the east side of the property, so that privacy infringement does not result upon the
adjacent property on the east side located at 6516 Nancy Road
15 The applicant shall plant and maintain forage along the eastern property line in the area
from the rear property line to the new addition. The foliage shall be planted so that
privacy infringement does not result upon the adjacent property to the rear located at
4105 Lorraine Road
16 Construction of ttie protect shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval
17. Due to the subject property's location in the RS -3 zoning district, a maximum of forty-
five (45%) percent lot coverage shall be allowed on the lot (proposed: 44%).
18 In the event that 'a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
19 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.
20 All necessary permits required by the Public Works Department shall be obtained for all
work including but not limited to the driveway approach, portion of the driveway, etc.
that encroach into the public right-of-way
21 The hours of construction shall be limited to 7:00 a m to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
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NJ
22. The construction site and all adjacent private and public property 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, plies of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
23 The maximum eave projection allowed into the required setback areas shall not exceed
6 -inches for each 1 -foot of required setback
24 The construction site shall be temporarily enclosed with a six (6'-0") foot high chain-link
fence during the length of construction of the residential structure
25. The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
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