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PC RES 2014-003 P.C. RESOLUTION NO. 2014-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW TO ALLOW THE CONSTRUCTION OF A 141 SQUARE FOOT FIRST FLOOR ADDITION, 450 SQUARE FOOT SECOND FLOOR ADDITION, 106 SQUARE FEET OF COVERED PATIOITRELLISES, 138 SQUARE FOOT BALCONY AND 528 SQUARE FOOT ROOF DECK TO THE MAIN RESIDENCE AT THE PROPERTY LOCATED AT 30034 VIA VICTORIA (CASE NO ZON2013-00255). WHEREAS, on June 21, 2013, the property owner submitted applications for Planning Case No. ZON2013-00255 for a Height Variation and Site Plan Review to accommodate the construction of new additions and accessory structures at the property located at 30034 Via Victoria; and, WHEREAS, on July 9, 2013, Staff completed the initial review of the application, at which time the application was deemed incomplete for processing. The applicant submitted revisions on multiple occasions; and, WHEREAS, on November 22, 2013, the application for Planning Case No. ZON2013-00255 was 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 approval of the requested applications would have a significant effect on the environment and,therefore,the proposed project has been found to be categorically exempt (Section 15303(e)(2)); 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 14, 2014, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: With respect to the application for a Height Variation to allow the construction of a new second story addition: A. The applicant has complied with the Early Neighbor Consultation process by obtaining 12 signatures from the properties within 100 feet(92%)and 26 signatures P.C. Resolution No. 2014-03 1 of 7 from the property owners within 500 feet (26%) of the subject property. B. The Height Variation is warranted since the proposed addition that exceeds 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. Specifically, due to the location of the property and the topography in the immediate area, the proposed structure is not visible from a public viewing area or viewing site and will therefore, not impair a view. C. The Height Variation is warranted since the proposed addition that exceeds sixteen feet in height is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential neighborhood, on an existing pad lot. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. D. The Height Variation is warranted because the proposed new addition that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The subject property is located on the east side of Via Victoria, whereby views of the Pacific Ocean are enjoyed by properties located west of the subject property. The only properties that could potentially be impacted by the views would be homes that are east of the subject property. The existing residence is developed with a two-story residence that reaches a maximum height of 26'-4". The applicant is voluntarily proposing to lower the existing ridgeline to a maximum height of 26'-0"to conform to the current height requirements. The proposed addition is located at the front of the residence, along the west side of the residence, and would only be 23'-7�/2" in height. Given that views of the Pacific Ocean are enjoyed in a westerly direction, and the proposed additions would be located on the west side of existing ridgeline that will be reduced 4 inches, the additions would not create any view impairment to properties located east of the subject property E. The Height Variation is warranted because the proposed additions that are above sixteen feet in height do not create a view impairment from the viewing area of another parcel Furthermore, the additions are designed and situated in such a manner as to reasonably minimize the impairment F. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Furthermore, the properties located within the immediate neighborhood have been developed as two-story homes. G. The proposed addition complies with all other Code requirements, including the development standards related to the RS-4 zoning district with respect to lot coverage and setbacks. P.C. Resolution No. 2014-03 2 of 7 H. The proposed addition is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass. The proposed lot coverage and setbacks are consistent with those of the surrounding properties. The architectural style of the proposed residence would maintain the architectural style found in the immediate neighborhood as well as the existing residence by utilizing a stucco finish, tile roof materials, and wood and stone veneer accents, similar to the materials found within the surrounding neighborhood. With regard to the overall size of the residence, the proposed addition has been designed to reduce potential bulk and mass as seen from neighboring properties by incorporating undulating facades to break up the appearance of the structure as seen from other properties. With regard to the balcony and roof deck, the applicant is proposing to construct a 138 square foot balcony at the front of the residence and a 528 square foot roof deck along the south side of the residence.There are three other homes with either a balcony or roof deck located on their property, two of which are visible from the street. These three properties are 30008 Via Victoria, 30014 Via Victoria and 30129 Via Victoria, which are all located within the 20 closest homes used for Neighborhood Compatibility. Although the proposed balcony and roof deck are compatible because similar structures can be found in the neighborhood, the proposed 6'-0" tall solid privacy wall surrounding a portion of the 528 square foot roof deck is not compatible. This particular wall will be easily visible from the street and is not compatible and is no other similar structure can be found throughout the immediate neighborhood. The applicant has agreed to reduce the privacy wall to a maximum height of 42" to reduce the appearance of the solid privacy wall. A condition of approval reflecting the 42"height limitation for balcony and deck railings has been added to the project to ensure compatibility of the roof deck. 1. The Height Variation is warranted since the new addition would not create an unreasonable infringement of the privacy of the occupants of abutting residences. the existing property is developed with a two-story residence. The proposed addition would be located at the front of the residence and would not create any privacy impacts to neighboring properties. In addition to the new square footage of habitable area, the applicant is also proposing two new second-story balconies/decks. One balcony would be 138 square feet in area and located at the front of the residence, and would not create any privacy impacts to neighboring properties. A second roof deck would be 528 square feet in area, located directly above the existing garage. Section 2: With regard to the Site Plan Review, the proposed addition and accessory structures would comply with the required residential setback standards, lot coverage and the maximum allowable heights as presented in the Development Code for the RS-4 zone. Specifically, the proposed project will maintain the existing, conforming P.C. Resolution No. 2014-03 3 of 7 • 1 setbacks and the existing non-conforming lot coverage will be revised to be below the maximum allowable lot coverage for the property (50%). Further, as noted in the Height Variation findings above, the addition will be compatible with the surrounding neighborhood. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal the project to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)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, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following January 14, 2014, the date of the Planning Commission's final action. Section 4: 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 Height Variation and Site Plan Review to allow the construction of a 141 square foot first floor addition, 450 square foot second floor addition, 106 square feet of covered patio/trellises, 138 square foot second story balcony at the front of the residence, and a 528 square foot deck along the south side of the residence, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 14th day of January 2014, by the following vote: AYES: Commissioners Nelson, Tetreault, Tomblin, Vice Chairman Leon and Chairman Emenhiser NOES: None ABSTENTIONS: None RECUSSALS: None l , ABSENT: Commissioners Gerstner and Lewis -,,"- .7z, Davi Emenhiser Chairman 4131.1‘ Joel R•has, A CP Comm ity IPevelopmIF Director Secreta • the Planning Commission P.C. Resolution No. 2014-03 Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2013-00255 (McElroy, 30034 Via Victoria) 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 listed below. 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 the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 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 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. 5. 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. 6. 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 the Notice of Decision, 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 Director and approved by the Director. 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. P.C. Resolution No. 2014-03 5 of 7 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 the Notice of Decision. 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 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. 11. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 50% lot coverage (47.7% proposed) and the following setbacks from the applicable property lines: Front 20 feet (23'-7J/?existing, no change) Side north 5'feet (12'-4"existing, no change) Side south 5 feet(6'-0"existing, no change) Rear 15 feet (67'-6W existing, no change) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 14. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 15. 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. P.C. Resolution No. 2014-03 6 of 7 16. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. Height Variation Conditions: 17. This approval is for the construction of a 141 square foot first floor addition, 450 square foot second floor addition, 106 square feet of covered patio/trellises, a 138 square foot second story balcony at the front of the residence and a 528 square foot roof deck along the south side of the residence. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 18. The proposed additions to the residence would result in a height that reaches 23'-0". The existing highest ridgeline shall be reduced from 26'-4" to a maximum building height of 26'-0", as measured from lowest finished grade adjacent to the foundation/slab (elev. 202.96') to the remodeled highest ridgeline (elev. 228.96') BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. Roof Deck and Balcony 19. This project approves a 138 square foot balcony at the front of the residence and a 528 square foot roof deck along the south side of the residence. The roof deck is directly accessible from the existing second story of the home. 20. All railings and/or privacy walls installed around the proposed balcony and roof deck shall not exceed a maximum height 42". P.C. Resolution No. 2014-03 7 of 7