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PC RES 2007-023 P.C. RESOLUTION NO. 2007-2 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALPALOS VERDESCONDITIONALLY APPROVING T L PERMIT, HEIGHT VARIATION AND SITE PLAN REVIEW(PLANNING ASE NO. ZON2006- 00168) FOR THE CONSTRUCTION OF A 1,318-SQUARE- FOOT , 18-S UARE-T 1 ST-STORY ADDITION AND 705-SQUARE-FOOT 2 ND- STORY LIVING AREA AND 396-SQUARE-FOOT ROOF DECK ON AN EXISTING2,560-SQUARE-FOOT 2-STORY SINGLE-FAMILY RESIDENCE, L T T 13 SEA COVE DRIVE WHEREAS, on March 17, 2006, the applicant, Tino Khvang, submitted an application for Planning Case No. ZON2006-00168 for a coastal permit, height variation and site plan review to allow additions totaling 2,076 square feet to an existing 2-story single-family residence on Sea Cove Drive; and, WHEREAS, on November 24, 2006, the application for Planning Case No. ZON2006-00168 was deemed complete by Staff; and, WHEREAS, on December 22, 2006, the applicant and Staff agreed to a 90-day extension of the decision deadline for this application to April 23, 2007; and, WHEREAS, on April 3, 2007,the applicant submitted revised plans to eliminate the formerly-proposed 3`d-floor addition, reduce the height of the structure by a foot and change the total area of the proposed additions to 2,023 square feet; 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 approval of the requested coastal permit, height variation and site plan review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301); 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 January 9, 2007, March 13, 2007, and April 10, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the requested coastal permit for new development within the non-appealable portion of the City's coastal zone: A. The proposed development is consistent with the Coastal Specific Plan. The Coastal Specific Plan land use designation of the property is Residential, 2-4 DU/acre and Subregion 4 Policy No. 1 calls upon the City to "[require] all new housing within the confines of Subregion 4 to be of a single-family nature". Additions to an existing single-family residence are consistent with this land use designation and policy. B. The project site lies within a non-appealable portion of Subregion 4 of the City's Coastal Specific Plan on the inland side of Sea Cove Drive, a public street. Therefore,the required coastal permit finding that the proposed development,when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act, is not applicable to the proposed project. Section : The Planning Commission makes the following findings of fact with respect to the application for a height variation to allow the construction of a 2,023-square- foot 1St- and 2n -story additions and a 396-square-foot 2nd-story roof deck to the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City. Property owners' acknowledgement signatures were obtained from 33% of the property owners within a 500-foot radius of the subject property and 100% of the property owners within a 100-foot radius of the subject property. B. The proposed new structure that is above sixteen feet in height or an addition to an existing structure that is above sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. The subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan or Coastal Specific Plan as a City-designated viewing area. C. The proposed structure is not located on a ridge or promontory. The City's Development Code defines a "ridge"as an elongated crest or linear series of crests of hills, bluffs, or highlands, while a "promontory" is defined as a prominent mass of land, large enough to support development which overlooks or projects onto a lowland or body of water on at least two sides. The subject site is one of a number P.C. Resolution No. 2007-23 Page 2 of 8 of developed lots that comprise the Abalone Cove community, and does not meet the definition of a ridge or a promontory. D. The proposed new structure that is above sixteen feet (16') in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Specifically,views of the ocean and distant horizon are currently available above the subject property and along Clipper Road from the viewing area of the vacant 1.58-acre lot on Clipper Road. Although the proposed project would block or reduce a portion of this view, the degree of impairment is minimal and is, therefore, less than significant. E. If view impairment exists from the viewing area of another parcel but it is determined not to be significant,the proposed new structure that is above sixteen feet in height is designed and situated in such a manner as to reasonably minimize impairment of a view. The portion of the proposed project that is above sixteen feet (16'-0") in height does result in less-than-significant impairment of the view from the viewing area of the vacant lot on Clipper Road. However, the proposed project does not interfere in any way with the direct view of Santa Catalina Island as seen looking down Clipper Road from the viewing area, which is the best and most important view from the viewing area. F. There is no significant cumulative view impairment caused by granting the application. Specifically, the proposed project results in less-than-significant view impairment from the viewing area of the vacant 1.58-acre lot on Clipper Road. If additions similar to the proposed project were also constructed at 11 and 15 Sea Cove Drive,the cumulative effect would be negligible upon view of the distant ocean horizon and the easterly portion of Santa Catalina Island. Furthermore, as discussed above, there are direct views of Santa Catalina Island from the front of the viewing area of the vacant lot that would be completely unaffected by the proposed addition at the subject property or similar future additions at the two (2) abutting homes. G. The proposed structure complies with all other Code requirements. The proposed addition complies with the RS-4 district development standards with respect to lot coverage and setbacks. In addition, the existing 2-car garage provides the minimum off-street parking required for the project. H. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. P.C. Resolution No. 2007-23 Page 3 of 8 I. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. With the elimination of the third story, most of the new windows on both sides of the house are on the first floor, or below the 16-foot height limit. Windows and decks on the second floor will be in generally the same locations as the existing windows and decks, thereby resulting in no more unreasonable infringement of the privacy of the abutting residences at 11 and 15 Sea Cove Drive than currently exists. Section 3; The Planning Commission finds that the 1,318-square-foot 1St-story additions and 73-square-foot rear patio deck that are less than sixteen feet (16) tall are consistent with the development standards of the RS-4 zoning district and contribute in a positive manner to the compatibility of the overall project with the immediate neighborhood. Therefore, the requested site plan review for these components of the project is also approved. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(j)and 17.72.100 of the Rancho Palos Verdes Municipal Code,any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, no later than fifteen (15)days following April 10,2007,the date of the Planning Commission's final action. Pursuant to Section 17.72.100(E), no appeal fee shall be assessed by the City. Section 5m 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 conditionally approves the requested coastal permit, height variation and site plan review (Planning Case No. ZON2006-00168) for the construction of a 1,318-square-foot 1 st-story addition and 705-square-foot 2nd-story living area and 396-square-foot roof deck on an existing 2,560- square-foot 2-story single-family residence, located at 13 Sea Cove Drive, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2007-23 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this 10 th day of April 2007, by the following vote: AYES: Commissioners Karp, Knight and Tetreault, Vice Chairman Perestam, Chairman Gerstner NOES: Commissioner Ruttenberg ABSTENTIONS: none ABSENT: Commissioner Lewis Bill Gerstner Chairman Joel R ja , AICP Dire ro Direct Plann , Building and Co Enforcement; Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-22 Page 5 of 8 EXHIBIT 'A' CONDITIONS F APPROVAL FOR PLANNING CASE NO. Z 2006-00168 (Khvang, 13 Sea Cove rive) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified,all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for 2,023-square-foot 1 st-and 2nd-story additions and a 396-square- foot roof deck on an existing 2,560-square-foot 2-story single-family residence. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the coastal permit, height variation and/or site plan review by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-4 district development standards and the OC-2 and OC-3 performance criteria of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of P.C. Resolution No. 2007-23 Page 6 of 8 Planning, Building and Code Enforcement and approved by the Director. Otherwise, a coastal permit, height variation and/or site plan review revision must be approved prior to further development. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. Unless otherwise designated in these conditions,all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 11. Prior to the issuance of a building permit for the approved project, the applicant shall be responsible for the trimming, thinning, removal or other required action identified by the City to reduce and maintain the following existing foliage along the rear property line of the subject property to a maximum height of sixteen (16)feet: a. Yuccas (2); b. Jacaranda tree; and C. Olive tree. Coastal Permit Conditions: 12. During construction, the applicant shall take reasonable steps to ensure that existing public and private coastal access and recreational facilities in the vicinity are not restricted or otherwise impinged upon by construction equipment or materials, to the satisfaction of the Director of Planning, Building and Code Enforcement. P.C. Resolution No. 2007-23 Page 7of8 Height Variation Conditions: 13. This approval is for 2,023-square-foot 1 st-and 2nd-story additions,a 396-square-foot 2nd-floor roof deck and a 73-square-foot rear patio deck for an existing 2-story single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 14. The maximum ridgeline of the approved project is 132.48'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Site Plan Review Conditions: 15. The approved residence shall maintain setbacks of 19.8' front (nonconforming), 21.89' rear, 6.1' east side and 8.2' west side. BUILDING SETBACK CERTIFI- CATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 16. The approved project shall maintain a maximum of 50% lot coverage (44.9% proposed). Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 17. 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. 18. No more than fifty percent (50%) of the existing interior and exterior walls and square footage of the structure may be demolished without bringing the nonconforming 19.8-foot front-yard setback into compliance with the current 20-foot front-yard setback. 19. PRIOR TO BUILDING PERMIT ISSUANCE,the applicant shall obtain approval of a grading permit for excavations for the 1st-floor addition from the Director of Planning, Building and Code Enforcement. MAProjects2ON2006-00168(Khvang,13 Sea Cove Dr)\20070410—Reso—PC.doc P.C. Resolution No. 2007-23 Page 8 of 8