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PC RES 2005-016 P.C. RESOLUTION NO. 2 -16 RESOLUTION F THE PLANNINGCOMMISSION OF THE CITY OF RANCHOP L S VERDES APPROVING CASE NO. ZON2003-00465, VARIANCE, HEIGHT I TI PERMIT,AND GRADING PERMIT FOR DEMOLITION F AN EXISTING ONE-STORY RESIDENCE TO ACCOMMODATETHE CONSTRUCTION OF A NEW THREE-STORY SINGLE-FAMILY RESIDENCE MEASURING ,04 SQUARE FEET, IJP T MAXIMUMLL HEIGHT OF 26-FEET, ON A PROPERTY LOCATED T 4348 VIAFRASCATI. WHEREAS, on August 26, 2003,the applicant, Louis Skelton, representing property owners Darnel and Belinda Johnson, submitted a Height Variation and GradingPermit applications (hereinafter referred to as ZON2003-00465) requesting approval for the construction of a new second story addition, a new lower level addition and expansion to the street level of the existing one-story residence located at 4348 Via Frascati; and, WHEREAS, on September 18, 2003, the application was deemed incomplete pending the submittal of additional information and construction of the temporary silhouette, at which time Staff raised issues of concern with the resulting two-story structure at 17-feet from the front property line, and with the appearance of the proposed project in relation to the street in several correspondences mailed to the applicant; and, WHEREAS, after further discussions with the applicant, it was determined that the proposed remodel project would constitute a new single-family residence,thereby requiring the submittal and approval of geotechnical information; and, WHEREAS, after several attempts to complete the application and after approval of the geotechnical reports, Staff deemed the project generally complete for processing on February 1, 2005; 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 ZON2004-00115 would have a significant effect on the environment and,therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15301)since the project involves the construction of a new single-family 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 March 22, 2005, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on March 22, 2005, the Planning Commission continued the item to the April 12, 2005 Planning Commission meeting to allow the applicant time to modify the project; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 22, 2005, at which time all interested parties were given an 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 subject property contains exceptional circumstances and conditions that do not apply to other properties. Other properties in the area are larger than the subject property and contain structures that are larger than the existing residence. Further, the subject property is largely triangular in shape,which is unique among the other properties on Via Frascati that are primarily rectangular in shape. Furthermore,the subject property contains a steep topographical change along the Palos Verdes Drive East street side, which, combined with its triangular shape, limits the development of the subject property. Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is a right that other property owners maintain. The existing residence maintains a 17-foot front yard setback to the garage and the new setback will be increased to 18-feet. Other properties contain structures with significantly less than the required 20-foot front yard setback. All structures were initially constructed prior to the City's incorporation and are subject to the Palos Verdes Art Jury requirements,which affect the configuration of the residence on the lot and results in a front yard setback that is less than the minimum required. Thus, the Variance is necessary to maintain a property right consistent with the existing development of the others in the neighborhood. Section 3: The variance will not be materially detrimental to the Via Frascati neighborhood. The new residence will contain a garage that is consistent with others in the area, while the upper level will comply with the minimum front yard setback requirement. The two-story element will be articulated by stepping back the upper level and will be softened by a roof element between the two floors to reduce the bulk and mass of the structure. Further assessment of the street has determined that the paved roadway is located 7-feet from the property line, resulting in structure that will be at least 25-feet from the roadway. Section 4: The variance will not be contrary to the City's General Plan. The development of a new single-family residence is consistent with the underlying land use designation and is consistent with General Plan Housing Policy No. 3 to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." P.C. Resolution No. 2005-16 Page 2 Section o The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 87.5% of the property owners within 100-feet of the subject property and 55.5% 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 ® The proposed two-story addition does 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 adjacent parcels with varying pad elevations that were terraced when initially constructed. Section a The proposed residence that is above sixteen feet in height, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel. Due to the topography and development in the area, the viewing areas of other residences are either not oriented towards the subject property or are sufficiently higher in elevation where the new residence will not project into the view frame and will not encroach into the view of Vincent Thomas Bridge, Ocean or San Pedro. Section a There is no view impairment due to the design of the residence because the upper level of the new residence is located at the periphery of the view frame and does not encroach into the view frame. action 1 a There is no significant cumulative view impairment caused by granting the application due to the development of other properties in the area, and due to the topography and orientation of other properties in the area. action 11® The proposed structure complies with all other Code requirements in that the development standards of the RS-2 Zoning District are met. Further,the Variance request for a reduced front yard setback can be justified. Section 12: The new residence will be compatible with the immediate neighborhood. The resulting structure size will not be out of character with the immediate neighborhood, but the size of the residence will not be evident because the lower level will be partially subterranean and will not be apparent from other properties or from the public rights-of-way. The bulk and mass of the new residence has been mitigated by locating the upper level over the garage farther back from the front property line and from the garage facade. Further, a roof element will articulate the front fagade and will avoid a straight two- story plane that is apparent from or dominates the roadway. Lastly, the project will not deviate from the typical neighborhood setbacks since other residences contain similar setbacks. P.C. Resolution No. 2005-16 Page 3 Section 13: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences due to the development pattern on the adjacent properties and the topography of the area. action 14® The proposed grading is not excessive for the permitted primary use of the lot since the grading will be limited to accommodating the residence and access for the structure; the grading will not be apparent since it will be conducted under the building footprint; the grading will preserve the natural topographic features by concentrating the grading to the residence; the grading is consistent with Section 17.76.040.A, the purpose and intent to allow for grading activity since the grading is for the construction of a new residence; the grading application will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity; and the proposed grading activity will not be detrimental to the public safety or to the surrounding properties since the new residence will be reviewed, inspected and approved by the Building and Safety Division. Section 15® 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 Case No. ZON2003- 00465 for a Variance, Height Variation, and Grading Permit, for the construction of a new single-family residence, 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 16: 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 April 27, 2005. P.C. Resolution No. 2005-16 Page 4 PASSED, APPROVED, AND ADOPTED this 12th day of April 2005, by the following vote: AYES: Gerstner, Golida, Karp, Knight, Mueller, Perestam, Tetreault NOES: None ABSTENTIONS: None ABSENT: None Paul Tetreault Planning Commission Chairman J QeIRo as, AICP ir to Building and irecto of PlanU, I de nforcement; and, Secretary P1 to Planning Commission P.C. Resolution No. 2005- 16 Page 5 Exhibit "A" Conditions of'Approval Case No. ZON2003-00465 (Variance, Height Variation & Grading Permit) 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 40 cubic yards of grading to accommodate a new three-story single- family residence measuring 5,048 square feet in area. Specifically, the upper level will measure 1,226 square feet in area, the main (street level) will measure 2,534 square feet, while the lower (partially subterranean) level will measure 1,288 square feet. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION FOR THE NEW RESIDENCE IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO FRAMING INSPECTION OF THE STRUCTURE. 4. The following minimum setbacks shall be maintained: Front yard: 18'-0" minimum for garage/20'-0"for second story above garage Side yard: T-6" minimum Rear yard- 16-0" minimum SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE FIRST FLOOR,AND PRIOR TO FRAMING INSPECTION FOR THE SECOND FLOOR ABOVE. 5. The height of the new residence is limited to 22'-3"-feet as measured from the highest grade covered by structure (located at the northwest corner of the new garage) to the highest ridgeline of the new residence. Further, the new residence shall maintain a maximum overall height of 26-feet as measured from the lowest finish grade covered by structure(located at the southeast corner of the new residence)to the highest ridgeline of the new residence, SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED P.C. Resolution No. 2005-16 Page 6 LAND SURVEYOR OR ENGINEERI TO INSTALLATION OF ROOE 6. The Variance allows a minimum front yard setback of 18-feet for the garage only. 7. The Grading Permit allows a total of 40 cubic yards of grading to accommodate the new residence, all under the building footprint. 8. All existing fences,walls or other similar structures within the public right-of-way shall be removed prior to building permit final. 9. All new fences, walls, hedges or pilasters shall be limited to a maximum overall height of 42-inches. 10.A minimum two-car garage 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. 11.Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 12.Due to the subject property's location in the RS-2 zoning district, a maximum of forty percent (40%) lot coverage shall be allowed on the lot. 13.In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 14.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. 15.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, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 16.The maximum eave projection allowed into the required setback areas shall not exceed 6-inches for each 1-foot of required setback. 17.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. 18.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 P.C. Resolution No. 2005-16 Page 7 achieve substantially the same results as would strict compliance with said plans and conditions. P.C. Resolution No. 2005-16 Page 8