PC RES 2004-045P.C. RESOLUTION NO. 2004-45
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2003-
00566), FOR PROPERTY LOCATED AT 28224 SAN NICOLAS.
WHEREAS, on October 14,
application requesting to construct
square foot single-family residence
review of the application, at which
information on the project plans a
remaining information needed to col
2004; and,
2003, the applicant submitted a Height Variation
a 990 square foot addition to an existing 2,484
On November 13, 20,03, staff completed the initial
time it was deemed incomplete due to missing
nd/or applications The applicant submitted the
nplete the application to the City on September 6,
WHEREAS, the Height Variation application was deemed complete by staff on
September 14, 2004, 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 would
have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class I (Section 15301); and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on October 26, 2004 at which time 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 990 square
foot addition to an existing 2,484 square foot three-story residence
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
74% of the property owners' signatures 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
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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 If the viewing area is located in a
structure, the viewing area shall be located in a portion of a structure which was
constructed without a height variation permit or variance, or which would not have
required a height variation or variance when originally constructed had this section, as
approved by the voters on November 7, 1989, been in effect at the time the structure
was constructed, unless the viewing area located in the portion of the existing structure
which required a height variation permit or variance constitutes the primary living area
(living room, family room, dining room or kitchen) of the residence. The proposed
addition does not extend into a view corridor of another parcel
Section 6: 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. Since the project
does not create view impairment, it does not contribute towards a cumulative view
impairment. I
Section 7: The Height Variation is warranted since the proposed addition
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.
Additionally, it is found that even though the existing residence does not meet the front
or side setback, Municipal Code Section 17.84.060(E) allows the non -conforming
setback to remain.
Section 8: 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 9: 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
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the privacy of the occupants of abutting residences. The proposed residence does not
create an unreasonable infringement of privacy on the neighbors.
Section 10: 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 November 10, 2004
Section 11.: 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 the Height
Variation to allow for the construction of a 990 square foot addition to a 2,484 square
foot residence (Case No ZON2003-00566); subject to the conditions contained in
Exhibit W, attached hereto and made a part hereof, which are necessary to protect the
public health, safety and welfare in the area
PASSED, APPROVED AND ADOPTED this 26th day of October 2004, by the followin,,w
vote:
AYES- GERSTNER, KARP, TETREAULT
NOES: NONE
ABSTENTIONS PERESTAM
ABSENT. COTE, KNIGHT, MUELLER
Craig Mueller,
Chairman
J001 has, A10116
c
Di r��
r of PIZ�ing, Building and Code Enforcement, and,
Secretary to the Planning Commission
P.C. Resolution No. 2004-45
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-45)
Height Variation (Case No. ZON2003-00566)
The approval of a Height Variation is to allow for the construction of a 990 square
foot addition to the existing 2,484 square foot residence. More specifically, the
addition shall consist of a 256 square foot addition on the second floor and a 734
square foot addition on the third floor
2. Approval of this Height Variation 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
3. 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
4 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 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 "pian check" or permit is allowed to expire or is
withdrawn by the applicant.
5 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
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 project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8 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
9 In the event that a Planning requirement and a Building & Safety requirement are
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in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
11 The approved project shall maintain a maximum 50% lot coverage. (Proposed —
25%)
12. The proposed residence shall not exceed a height of 30', as measure from the
lowest grade adjacent to the foundation/slab (101 35') to the ridgeline of the
residence (131.35') and 20.45', as measured from the highest existing grade
covered by structure (110 9') to the ridgelme 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.
13. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed: 74')
5' north side (proposed: 5')
5' south side (proposed 57existing 3'-6")
20' front (proposed 207existing 11'-6")
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 POURING OF FOUNDATIONS.
14. No structure located within the front yard setback shall exceed a height of 42", as
measured from the adjacent grade. Prior to the submittal of plans to building
and safety plan check, the applicant shall revise the plans to remove all raised
decks, which exceed the 42" height limit, from the front yard setback.
15 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
P C Resolution No 2004-45
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