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PC RES 2006-009 P.C. RESOLUTION NO. 2006-09 RESOLUTION F THE PLANNING I 1 THE CITY OF RANCHOPALOS VERDES DENYINGWITHOUT PREJUDICE CASE NO. ZON2005-00569, A HEIGHT VARIATION PERMIT AITPLAN REVIEW FOR A 2,066 SQUARE FOOT TWO-STORY A ITI TO AN EXISTING a T Y RESIDENCE LOCATED T 28455 CEDARBLUFF DRIVE. WHEREAS, on November 2, 2005, the applicant submitted Case No. ZON2005- 00569, a Height Variation application requesting construction of a 2,066 square foot two- story addition to an existing 2,323 square foot one-story, single-family residence; and, WHEREAS, on November 29, 2005, the project was deemed incomplete by Staff, pending the submittal of additional information and construction of the required temporary silhouette; and, WHEREAS, on December 5, 2005, the applicant submitted a Site Plan Review application; and, WHEREAS, on December 20, 2005, the project was deemed incomplete by Staff, pending the construction of the required temporary silhouette; and, WHEREAS, on January 12, 2006, after construction of the silhouette and submittal of the silhouette certification form, the project was seemed 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 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 Case No. ZON2005-00569 would 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 a duly noticed public ,hearing on February 28, 2006, at which time all interested parties were given opportunities to be heard and present evidence. NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The second story addition will significantly impair the view from the viewing area at 6758 Eddinghill Drive since the sixteen foot height limit is located well below the horizon line, which continues to afford a view of the Pacific Ocean and Catalina Island above the sixteen foot height limit. Thus, the proposed addition will be substantially higher than the horizon line, thereby obstructing the additional view of the ocean and Catalina Island above the sixteen foot height limit. Section 2: The second story addition will significantly impair the view from the viewing area at 6742 Eddinghill Drive since its orientation is in a westerly direction over the subject property, and the addition will encroach into the view of the Pacific Ocean. Thus, it is made more prominent since the orientation of this residence is towards the subject property. Section 3: If a similar second story addition were constructed on the parcel at 28511 Cedarbluff Drive, which is two parcels south of the subject property, there would be significant cumulative view impairment for the properties at 6736 and 6742 Eddinghill Drive. The proposed addition at the subject property would encroach into the view of the Pcaific Oceam; while a similar addition at 28511 Cedarbluff Drive would encroach into the view of the Pacific Ocean and above the horizon line, in the direction of the primary view. This is made more prominent since the orientation of these residences (at 6736 and 6742 Eddinghill Drive) is towards the residence at 28511 Cedarbluff Drive. Section 4: The proposed second story addition will not be compatible with the immediate neighborhood character. The addition will result in a 4,389 square foot structure size, which is 1,665 square feet larger than the average, and will result in the largest residence in the immediate neighborhood by 699 square feet. Thus, the project is much larger than the biggest structure and so much larger than the average structure size, and results in significant view impairment and significant cumulative view impairment, which cannot justify the project's compatibility with the immediate neighborhood. Section 5: The proposed project will result in an unreasonable infringement of privacy upon the adjacent property to the north. The development pattern of the residences in the area is such that visibility onto yard areas of other properties does not occur. However, the proposed second story addition includes a deck area at the rear of the residence that will facilitate observation into the rear yard area of the adjacent property to the north, thereby infringing upon the privacy of the rear yard area. It is the proposed balcony along the rear fagade of the proposed second story that will allow direct visibility into the rear yard area, which is not a situation that currently exists. Section 6: The a site plan review application for the 186 square foot one story addition is related to the height variation since it includes a deck. Since not all findings can be made in a positive manner to warrant approval of the height variation, the Site Plan Review application cannot be approved. Section 7: For the foregoing reason 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 denies without prejudice Case No. ZON2005-00569 for a Height Variation and Site Plan Review application for a 2,066 square foot two-story addition to the existing one-story residence. Section 8: 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 P.C. Resolution No. 2006-09 Page 2 Palo Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than March 15, 2006. PAS.�ED, APPROVED, AND ADOPTED this 26th day of February 2006, by the following vote: AYES: Gerstner, Karp, Knight, Lewis, Perestam, Ruttenberg, Tetreault NOES: None ABSTENTIONS: None ABSENT: None -F I-a— u)-fe-treault Planning Commission Chairman Joel0 AICP Dire Planning, B ilding and Cod vori f Sf oI rcement; Secretary to the Planning Commission P.C. Resolution No. 2006-09 Page 3