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PC RES 2006-008 P.C. RESOLUTION NO. 2 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHOPALPALOS VERDES APPROVING, I CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2005- 00230), FOR PROPERTY LOCATED T 27600 ALVESTA PLACE. WHEREAS, on May 9, 2005, the applicant submitted a Height Variation application requesting to construct a 1,424 square foot addition to an existing 2,154 square foot single-family residence. On June 8, 2005, staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. On October 5, 2005, the applicant submitted the remaining information to staff that was needed to complete the application; and, WHEREAS, the Height Variation application was deemed complete by staff on October 10, 2005; and, WHEREAS, on November 9, 2005, pursuant to State Government Code No. 65957, the applicant granted a 90-day extension to the Permit Streamlining Act, thus the action deadline was extended from December 9, 2005 to March 10, 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 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 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 December 13, 2005 at which time all interested parties were given opportunities to be heard and present evidence; and, WHEREAS, on December 13, 2005, the Planning Commission continued the item to the February 28, 2008 Planning Commission meeting to allow the applicant time to modify the project; and, WHEREAS, on February 14, 2006, the applicant submitted a revised project; and, WHEREAS, the Planning Commission held a duly noticed public hearing on February 28, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2006-08 Page 1 of 6 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 1,424 square foot addition to an existing 2,154 square foot single family 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 signatures from 80% of the landowners within 100 feet and 46% of the total number of landowners within 500 feet. 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. Due to the location of the site and the topography in the area, the proposed structure is not visible from a public viewing area or viewing site, as defined by the General Plan. Section 4: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height 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 proposed 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 the view analysis it is found that most of the other properties in the vicinity are at a similar elevation as the subject site, thus do not benefit from a view across and/or through the subject site. Furthermore, the properties located on Avenida Aprenda have a sufficient elevation difference, such that the proposed second floor does not encroach into their view frame. Section 6: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height, when view impairment exists from the viewing area of another parcel but it is determined not to be significant, as described in the previous section, is designed and situated in such a manner as to reasonably minimize the impairment of a view. As noted in the previous section, the proposed project does not create view impairment to a protected view, therefore the project has been designed and situated in such a manner as to reasonably minimize the impairment of a view. P.C. Resolution No. 2006-08 Page 2 of 6 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. Since the project does not create view impairment, it does not contribute towards cumulative view impairment. Section 8, 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. Section 9: The Height Variation is warranted since the proposed addition 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 1 : 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. Due to existing foliage in the area and the location of the second floor windows, the portions of structure that are above sixteen feet will not create an unreasonable infringement of the privacy of the occupants of abutting residences. Section 11: 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 March 15, 2006. Section 12: 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 1,424 square foot addition to an existing 2,154 square foot single family residence (Case No. Z®N2005-00230); 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. P.C. Resolution No. 2006-08 Page 3 of 6 PASSED, APPROVED AND ADOPTED this 28th day of February 2006, by the following vote: AYES: Gerstner, Karp, Knight, Perestam, Ruttenberg, Tetreault NOES: None ABSTENTIONS: Lewis ABSENT: None Paul Tetreault, Chairman JUeas, AIC€' Dof Planni ilding and Code Enforcement, and, Sry to the Pla ing Commission P.C. Resolution No. 2006- Page 4 of 6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2006-08) Height Variation (Case No. ZON2005-00230) 1. The approval of a Height Variation is to allow for the construction of a 1,424 square foot addition to an existing 2,154 square foot single-family residence. More specifically, this approval allows the construction of 378 square foot addition on the first floor in order to expand the kitchen and provide a new family room, and the construction of a new 1,046 square foot second floor to provide a new master bedroom and an office. In addition, this approval allows a 225 square foot balcony on the rear of the new second 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. .X 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 "plan 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, stamped as received by the Planning, Building and Code Enforcement Department on February 14, 2006. 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 P.C. Resolution No. 2006-08 Page 5 of 6 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 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. Unless modified by a future City approval, the subject site shall maintain a maximum lot coverage of 36%. 12. 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. 13. The proposed residence shall not exceed a height of 24.17', as measured from the lowest grade adjacent to the building foundation/slab (102.15') to the highest ridgeline of the residence (126.32'), and 22.75', as measured from the highest elevation of existing building pad covered by structure (103.57') to the highest ridgeline of the residence. 14. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 15. Unless modified by a future City approval, the residence shall maintain a minimum 46' rear yard setback, a 25' front yard setback, a 5' north side setback, and a 7' south side setback. P.C. Resolution No. 2006-08 Page 6 of 6