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PC RES 2007-049 P.C. RESOLUTION NO. 200749 A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AN SITE PLAN REVIEW (ZON20 7-00027) TO DEMOLISH AN EXISTING ONE-STORY RESIDENCE AND CONSTRUCT A NEW 2,784FT2, TWO- STORY, SINGLE FAMILY RESIDENCE WITHA 430.5 T2 GARAGE AT 7026 BROOKFORD DRIVE. WHEREAS, on January 19, 2007, the applicant submitted an application for a Height Variation and Site Plan Review (Case No. ZON2007-00027), a request to demolish an existing one-story residence and construct a new 2,784ft2, two-story, single family residence with a 430.5ft2 attached garage; and, WHEREAS, on June 4, 2007, the applications for Height Variation and Site Plan Review were deemed complete by staff; 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 and Site Plan Review, will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, after noticed issued on June 4, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 24, 2007, 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 HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the approved project includes the demolition of an existing one-story residence and the construction of a new 2,784ft2, two-story, single family residence with a 430.5ft2 attached garage. The proposed maximum height of the project is 24'-3", as measured from the point where the lowest foundation meets finished grade, to the ridgeline. Section 2: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 49% of the signatures within a 500' radius and 78% of the signatures within a 100' radius of the project site. Section 3: That the Height Variation is warranted since the proposed addition that is above 16' in height does not significantly impair a view from public property (i.e. 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 is no public property near the subject property which has been identified in the city's general plan/coastal specific plan, as city designated viewing areas. Section 4: That the Height Variation is warranted since the proposed additions are not located on a ridge or a promontory. The subject property is located within a fully developed P.C. Resolution No. 2007-49 Page 1 of 5 single-family residential tract that is not located on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted since the proposed addition to the existing structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Brookford Drive slopes in an east to west direction. The subject property is located at the western end of the street, intersecting Golden Meadow Drive. Given that the ocean view is in the westerly direction, the residences located to the west of the subject property are not impacted by the proposal. Additionally, the properties to the north and south have similar building pad elevation as the subject property and therefore do not have a view over the current residence. The residence located immediately east of the property does not have a view over the existing residence since their existing solid wall blocks their potential view. Section 6: That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Most of the residences on Brookford Drive are one-story structures that block the abutting neighbors' view with their by- right building height of 16'. The residences which would have a view over their westerly neighbor's roof have an existing solid wall along the westerly property line that blocks their own view. Section 7: That the Height Variation is warranted since the proposed additions comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 8: That the Height Variation is warranted since the proposed additions are compatible with the immediate neighborhood character. Based on the analysis of the area, it is found that the proposed resulting structure is consistent with the immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. The large 29' setback to the second floor in comparison to the first floor is an efficient method to break the massive and bulky appearance of a 3,215ft2 structure as seen from the front yard (Brookford Drive). Additionally, given that some of the residences in the immediate neighborhood have non-conforming setbacks of 12'-18' and the proposal is setback 20' from the street side property line, the resulting structure will not appear prominent from the public right- of-way. The 20-closest residences use roofing materials that are either tile or composition shingle with stucco exterior. Nearly all the homes in the immediate neighborhood have a covered porch or entryway, wood fascia, and casement windows. The proposed project maintains the same architectural style and materials as the immediate neighborhood. The lot coverage and setback is consistent with the immediate neighborhood as evidenced via aerial photos available at the city. The proposal eliminates two existing setback non-conformities: 1) 12' rear yard setback to the detached wood shed/storage, when a 15' setback is required; and 2) 12'-6" front yard setback to the attached garage, when a 20' setback is required. Since the applicant is proposing to demolish all existing structures on the lot and construct a new residence, the new project would comply with the current development standards and have a larger setback than what currently exists on neighboring properties. P.C. Resolution No. 2007-49 Page 2 of 5 Section 9: That the Height Variation is warranted since the addition to the existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed windows facing the abutting neighbor to the east would only afford the subject residents a view of the neighbor's existing wall at the top of the slope and portions of their roof. As such, staff believes that the proposed project over 16' in height would not cause an unreasonable infringement of the privacy to the easterly neighbor. Currently the rear fagade of the subject property and the southern abutting property at 28116 Golden Meadow Drive aligns perfectly. Since the applicant is proposing a larger rear yard setback than the existing 34'-8", the proposed second floor windows facing in a southern direction would only afford the applicants a view of the abutting neighbor's rooftop (28116 Golden Meadow Drive). Section 1 : Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, August 8, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on August 8, 2007. Section 11: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Height Variation and Site Plan Review to allow for the demolition of an existing single-story residence and the construction of a new 3,214.5ft2 two-story residence (Case No. ZON2006-00240); 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 in the area. PASSED, APPROVED AND ADOPTED this 24th day of July 2007, by the following vote: AYES: Commissioners Karp, Lewis, Ruttenberg, Vise Chairman Perest Chairman Gerstner NOES: None ABSTENTIONS: Mone RECUSALS: None ABSENT: Commissioners Knight, Tetreault e 7/Z Bill Gerstner, �C Chairman Joel of s, AIC Dir for f Plann'n , Building and a Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2007- 49 Page 3 of 5 Exhibit"A" Conditions of Approval Case No. Z N2007-00027 (Height Variation and Site Pian Review) 7026 Brookford Drive General 1. Approval of this Height Variation and Site Plan Review 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. 2. The approval shall become null and void after 180 days from the date of 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. 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions. 5. 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. 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. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7. 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2007-49 Page 4 of 5 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Height Variation and Site Plan Review 10. This Height Variation and Site Plan Review allow the demolition of an existing one-story residence and the construction of a new 2,784ft2, two-story, single family residence with a 430.5ft2 attached garage. 11. The height of the additions shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the additions shall not exceed 24'-3", as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure. 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. 12. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20' front, 15' rear, and 5' sides. 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 TO THE POURING OF FOUNDATIONS. 13. The garage shall maintain a minimum interior clearance of 18' (width) by 20' (depth)with a minimum vertical height of 7'. 14. The approved project shall maintain 43%, but in no case shall exceed 50% maximum lot coverage. 15. A foliage analysis conducted by staff revealed no existing foliage that significantly impairs the protected view form any surrounding properties. P.C. Resolution No. 2007-49 Page 5 of 5