Loading...
PC RES 2013-011 P.C. RESOLUTION NO. 2013-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO) PALOS VERDES CONDITIONALLY APPROVING A VARIANCE REVISION (ZON2013-00073) FOR THE CONSTRUCTION OF A 429FT2 ADDITION TO AN EXISTING MULTI-LEVEL RESIDENCE, WHILE MAINTAINING AN OVERALL HEIGHT OF 32' AT 30132 VIA BORICA. WHEREAS, in 1972 and 1973, building permits were finaled for a new 2,602ft2 two-story residence and a 400ft2 detached garage on the subject property; and, WHEREAS, on July 11, 1978, the Planning Commission adopted Resolution No. 78-37, granting approval for a Variance to allow a 480ft2 addition on a slope between the detached garage and the main residence. The building permit for this addition was finaled in 1979; and, WHEREAS, on August 25, 1992, the Planning Division approved Site Plan Review No. 7099 for a 445ft2 guest house and a 32ft2 laundry room. Building permits for the guest house and the laundry room were finaled in 1979 and 1992, respectively; and, WHEREAS, on February 27, 2013, the applicant submitted a Variance Revision application„ requesting approval to construct a 429ft2 addition to the existing residence. Based on preliminary review and subsequent reviews of additional information, the project was deemed complete on April 11, 2013; 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), the Planning Commission found no evidence that the Variance revision will 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 issued on April 15, 2013, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 28, 2013, 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 proposed project is a request to construct an elevator (99ft2 addition) at the rear of the garage and expand the residence by 330ft2 at the rear, resulting in a 429ft2 addition. The proposed additions will maintain the existing 32' height of the multi-story residence, exceeding the Code allowed maximum of 30` overall height for sloping lots. Section 2: Approval of a Variance revision to allow the proposed additions to exceed the Code allowed maximum height of 30' for sloping lots and maintain the existing height of 32' is warranted because: P.C. Resolution No. 2013-11 Page 1 of 5 A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically, the garage located at the street level with the main residence located 10' above the garage level in itself is an extraordinary circumstance when compared to the usual attached garages which are prevalent in the City. Additionally, the proposed project is a relatively minor addition that does not cause the need to alter the degree of what the previous Variance No. 31 was issued for (32' height). B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. More specifically, neighboring properties with the same garage and house configurations would be permitted an addition of similar size without the need for a Variance procedure. Additionally, the garage and house layout of the subject site is not typical for properties in the same zoning district. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. More specifically, the proposed additions will not cause any visual impacts as there are no views across the proposed additions and the building heights are not being increased. Additionally, as part of the plan check review with the Building & Safety Division, the Fire Department and City Geologist will review the project, prior to building permit issuance. D. Granting the variance will not be contrary to the objectives of the general plan or policies and requirements of the coastal specific plan. More specifically, the subject property is not within the Coastal Zone of the City and therefore the Coastal Specific Plan does not apply. Additionally, the proposed project is consistent with the General Plan's Urban Environment Element goal that states "It is the goal of the City of RPV to preserve and enhance the community's quality living environment, to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community". Section 3: The proposed project is compatible with the neighborhood character, in terms of scale, architectural style and setbacks. More specifically, the proposed 429ft2 additions are expansions to three separate areas of the existing residence. These locations are not visible from the public right-of-way and only partially visible from the abutting properties as they will not extend beyond their structures. Additionally, the proposed materials and colors for the additions will match the existing home and therefore result in no changes to the overall architectural style. Furthermore, the minimal reduction to the rear setback remains significantly large and compatible with the neighboring properties based on visual surveys and aerial photographs of properties in the vicinity. Section 4: 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, June 12, 2013. A $2,275.00 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 June 12, 2011 P.C. Resolution No. 2013-11 Page 2 of 5 Section 5: 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 a Variance revision for the construction of a 42 9ft2 addition, while maintaining the existing overall height of 32' {Case No. ZON2013-00079). PASSED, APPROVED AND ADOPTED this 230.E day of May 2013, by the following vote: AYES: Commissioners Lewis, Nelson, Tomblin, Vice Chairman Leon, Chairman Emenhiser NOES: None ABSTENTIONS: None RECUSALS'. None ABSENT: Commissioners Gerstner, Tetreault Dave Emenhiser Chairman Joel a)is, ,C P Com unity evelo rr� nt Director; and, ry 0 t P g Secr 'as, a he IaOin Commission P.C. Resolution No. 2013-11 Page 3 of 5 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2013-00079 (CUP-REV) 30132 VIA BORICA 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 the date of this approval shall render this approval null and void. 2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. 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. 4. The Community Development Director 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 by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one-year of the final effective date of this Resolution, 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 Community Development Department and approved by the Director. 8, 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. 9. 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 P.C. Resolution No, 2013-11 Page 4 of 5 date of this Resolution. 10. 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. 11. 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 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 in this condition, 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. This approval is for an elevator to addition the rear of the garage (99ft2) and a 33 0ft2 expansion to the rear of the residence. 15. The maximum height of the approved project shall not exceed the existing ridgeline of the residence (32', as measured from the point where the lowest foundation meets finished grade to the highest point of the structure). Any increases to the existing ridgeline shall require separate Planning Division approval. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 50% lot coverage (29.2% proposed). 17. The approved residence shall maintain setbacks of 20' front, 15' rear 0100'), and 5' sides (7'-6" north and 8'-6" south). P.C. Resolution No. 2013-11 Page 5 of 5