Loading...
PC RES 2001-018r� • P.C. RESOLUTION NO. 2001-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY UPHOLDING THE DIRECTOR'S CONDITIONAL APPROVAL OF HEIGHT VARIATION NO. 915 AND SITE PLAN REVIEW NO. 8948, ALLOWING A 340 SQUARE FOOT ONE STORY ENCLOSED PATIO AT THE REAR OF THE STRUCTURE; A 204 SQUARE FOOT ONE-STORY ADDITION ON THE EASTERN SIDE OF THE STRUCTURE; AND A 1,208 SQUARE FOOT SECOND STORY ADDITION ALONG THE REAR AND NORTHEAST PORTION OF THE EXISTING STRUCTURE, RESULTING IN AN OVERALL HEIGHT OF 24 -FEET, FOR PROPERTY LOCATED AT 28633 MT. LASSEN LANE. WHEREAS, on July 17, 2000, the Podesta Design, representing property owner John and Genoveva Robinson at 28633 Mt. Lassen Lane, submitted Height Variation No 915 and Site Plan Review No 8948, requesting approval for 497 square feet of one-story additions, and a 396 square foot second story addition over a room at the rear of the residence, and, WHEREAS, on July 31, 2000, the application were deemed incomplete pending the resolution of issues raised by Staff and the submittal of additional information, and, WHEREAS, on November 2, 2001, the applications were deemed complete by Staff, and notices were mailed to 177 property owners within a 500 -foot radius from the subject property; 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 Regulation, 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 Height Variation No 915 and Site Plan Review No 8948 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) since the project does not intensify the use of the lot since the property is currently developed with a single-family residential structure, and, WHEREAS, on February 13, 2001, after meeting with Staff, the applicant submitted a revised proposal for 544 square feet of one-story additions and a 1,208 square foot second story addition, and, WHEREAS, on February 16, 2001, Staff mailed notices of the revised project to 177 property owners within a 500 -foot radius from the subject property; and, WHEREAS, on March 28, 2001, the Director of Planning, Building and Code Enforcement reviewed the applications for Height Variation No 915 and Site Plan Review No. 8948, and conditionally approved said application; and, WHEREAS, on March 29, 2001, a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on April 13, 2001, within fifteen (15) days following the Director's Notice of Decision, the appellants, Michael & Elizabeth Zuanich, Brian, Bill & Sandra Ruddock, Charles & Suzanne Henning, Albert & Pauline Brockmann, Tom & Helen Matulich; and Ronal & Donna Reynolds, filed an appeal to the Planning Commission requesting that the Planning Commission overturn the Director's conditional approval of Height Variation No. 915 and Site Plan Review No 8948, based upon the second story addition resulting in view impairment, will not be compatible with the immediate neighborhood, and will result in privacy infringement; 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 June 12, 2001 at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, on June 12, 2001, the Planning Commission continued the item to the July 24, 2001 Planning Commission, and directed the applicant, along with interested neighbors, to meet with Staff to clearly communicate and discuss the project. WHEREAS, on June 28, 2001, in accordance with the direction provided by the Planning Commission, Staff conducted a meeting with the applicant, landowner and the neighbors to discuss the project WHEREAS, on July 24, 2001, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence - Nk 5 0 0 O �ffi IIILXQN= NO �&�& 't ii Section 1: As indicated in the Memorandum to the Director dated March 28, 2001 and the Memorandum to the Planning Commission dated June 12, 2001, incorporated herein by reference, the second story addition will be compatible with the predominantly two-story residences in the immediate neighborhood and will not result in apparent bulk and mass impacts. The second -story ridgeline will be located 76 -feet from the front property line, and the design integrates the existing one-story residence by continuing the existing roof plane over to the second story area P C Resolution No. 2001-18 Page 2 Section 2: The second story addition will not result in significant view impairment from the viewing area of another parcel. The parcels on either side are not oriented towards the subject parcel, the parcels to the rear (along Mt Whitney Way) are not sufficiently higher in pad elevation to obtain a view from the viewing areas over the subject property; while the parcels on Toscanini Drive do not contain a view over the subject property Section 3: The second story addition will not create an unreasonable infringement upon the abutting residences. The second story has incorporated higher, clear -story -type windows that will be a minimum 6 -feet -high to the bottom of the windows, which prevents direct observation upon the adjacent side properties, while existing foliage and walls will obstruct observation from the two Juliet -balconies onto other properties. Further, since the proposed balconies only project 18 -inches from the fagade, the balconies cannot be used as gathering areas. Section 4: The Planning Commission hereby upholds the Director's approval of Height Variation No. 915 and Site Plan Review No 8948, and all the conditions of approval attached in Exhibit "A" Section 5: Any interested person may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17.02.040.C.1.j 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 fifteen (15) days following the date of the Planning Commission's final action Section 6: For the foregoing reasons, and based on the information and findings included in the Memorandums, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director's conditional approval of Height Variation No 915 and Site Plan Review No. 8948 and all the conditions of approval in the attached Exhibit "A", 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 2001-18 Page 3 9 21 PASSED, APPROVED, AND ADOPTED this 24th day of July 2001, by the following vote AYES: Cartwright, Clark, Lyon, Paulson, Vannorsdall NOES Long ABSTENTIONS' None ABSENT. Mueller A C Joel RoPS, AICP Direlcla of PlanniQ Building and Code Enforcement, and, Secretary to the Planning Commission Frank Lyon Cl Planning Commission Chairman P C Resolution No. 2001- 18 Page —4 P.G. Resolution No. 2001-18 Exhibit "A" — Conditions of Approval Height Variation No. 915 and Site Plan Review No. 8948 1. 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. Site Plan Review: 2. Approval of Site Plan Review No. 8948 is for the legalization of the 340 square foot enclosed patio attached at the rear of the structure, which was converted from a previously approved covered patio Further, approval is granted for a 47 square foot expansion to the front entrance of the residence 3 The enclosed patio and expansion on the north side of the structure shall maintain the following minimum setbacks: 15'-0" rear yard (proposed- 32 -feet) 5'-0" side yard (proposed. 33'-0" south side [no change on north side]) 20'-0" front yard (proposed. no change) 4. Based on a site visit conducted on July 27, 2000, Staff found that no forage on the subject property significantly impairs a view from the viewing area of another parcel. Height Variation 5. Approval of Height Variation No 915 is for a 157 square foot expansion on the first floor at the north side of the structure (in front of the addition that was approved in 1977), with a portion of the new second story above The total amount of second story addition is 1,208 square feet SQUARE FOOTAGE CERTIFICATION REQUIRED. 6. The maximum overall height shall not exceed 24 -feet, as measured from the lowest grade covered by the structure to the highest ridgeline elevation The lowest grade covered by the structure is located at the southeast corner of the existing residence. RIDGE HEIGHT CERTIFICATION REQUIRED. 7. The lower roof plane of the existing main residence that measures 16'2" high shall be continued towards the rear of the structure to accommodate the new second story addition over the existing main residence and over the addition that was constructed in 1977 r 8 The east facade elevation (front) of the two-story addition in front of the addition that was constructed in 1977, shall be articulated by stepping back the second floor facade from the first floor facade. 9 The second story windows shall be clear -story type windows that are a minimum 6 - feet -high to the bottom of the windows. 10 The two balconies that project 18 -inches from the rear facade of the second story shall maintain latticework along the sides General: 11 All exterior lighting (existing and proposed) shall conform to the standards of Section 17.56.030 (Outdoor Lighting for Residential Uses). 12. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval 13. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. All other revisions will require review and approval by the Planning Commission. 14. 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 15. The construction site 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 is not 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 16 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 17. No grading is approved or allowed under this permit approval. 18.All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance 19. All applicable permits required by the Building and Safety Division shall be obtained by the applicant. Exhibit "A" — Conditions of Approval HV No. 915 & SPR No. 8948 P.C. Resolution No. 2001-18