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PC RES 2002-031P.C. RESOLUTION NO. 2002-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS A HEIGHT VARIATION, VARIANCE, AND SITE PLAN REVIEW (CASE NO. ZON2002- 00361) FOR THE CONSTRUCTION OF A 1,025 SQUARE FOOT FIRST STORY ADDITION AND A NEW 1,312 SQUARE FOOT SECOND STORY ADDITION TO AN EXISTING 2,531.5 SQUARE FOOT RESIDENCE, AND TO LEGALIZE A NON -PERMITTED 672.5 SQUARE FOOT STORAGE, GUEST ROOM, CABANA, AND SAUNA, A NON -PERMITTED 200 SQUARE FOOT GREENHOUSE, A NON -PERMITTED 128 SQUARE FOOT VIEW HOUSE, AND TWO NON -PERMITTED TRELLISES, FOR PROPERTY LOCATED AT 4372 ADMIRABLE DRIVE. WHEREAS, on July 11, 2002, the Director of Planning, Building and Code Enforcement approved Landslide Moratorium Exception Permit Case No ZON2001-00056 to allow the submittal of the necessary Planning Department applications to request approval for a 1,025 square foot first story addition and a new 1,392 square foot second story addition to an existing 2,531.5 square foot residence, and to legalize a non -permitted 672 5 square foot storage, guest room, cabana, and sauna, a non -permitted 200 square foot greenhouse, and a non -permuted 128 square foot view house, and, WHEREAS, on July 18, 2002, Height Variation Permit, Variance and Site Plan Review Case No ZON2002-00361 was submitted to the Planning, Building and Code Enforcement Department for processing, and, WHEREAS, on September 25, 2002, the applications were deemed complete by Staff; and, WHEREAS, on September 26, 2002 the required public notices for the November 12, 2002 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on September 28, 2002, 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), the Planning Commission found no evidence that the Variance, Height Variation, and Site Plan Review (Case No ZON2002-00361) would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures) since the project involves an addition to an existing residential structure; 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 November 12, 2002, 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: That the applicant successfully completed the Early Neighborhood Consultation process by obtaining signatures of 15 of the 32 properties within the 500' radius, which is 47%, and 6 of the 8 properties within the 100' radius, which is 75%. Section 2: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views Section 3: The subject lot not located on a ridge, which is defined as an elongated crest or linear series of crest of hills, bluffs or highlands In addition, the subject property is not located on a promontory, which is defined as a prominent mass of land that overlooks or projects onto a lowland or body of water on at least two sides Section 4: The proposed project will not create view impairment from surrounding properties because properties located to the east and northeast of the subject property contain an unobstructed view of the ocean toward the south and west and the proposed addition will only impair a minimal portion of the ocean view or Peninsula toward the west. Section 5: The proposed addition will not cause a cumulative view impairment because if the four closest parcels to the subject property were to develop a second story addition, the properties on Exultant Drive will still maintain an open ocean view to the south and west Section 6: The proposed structure has been designed to minimize the impairment of views from surrounding properties because the proposed project does not significantly impair a view from the surrounding properties Section 7: The proposed structure will comply with the front, one side and rear setback requirements, as well as the lot coverage requirement However, with the approval of the Variance to allow for the reduction of a side setback and the Height Variation to allow for a second story addition, the proposed addition will be constructed in accordance with the residential development guidelines of the City's Municipal Code. Furthermore, in addition to obtaining Planning approval, building permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code. Section 8: The proposed project is compatible with the scale of surrounding residences because although the proposed project will be larger than the 10 closest homes, the location of the property, at the end of a cul-de-sac street, the pie -shaped lot, and large front yard setback proposed for the second story addition reduces the appearance of the P.0 Resolution No. 2002-31 Page 2 of 5 actual size of the proposed residence. As such, the apparent bulk and mass of the proposed addition will be compatible with the apparent bulk and mass of the homes found in the neighborhood Therefore, although the proposed home will be larger than the surrounding homes, the design of the proposed project creates an apparent bulk, mass and scale that are in keeping with the scale of the surrounding residences. Section 9: The proposed project is compatible with the architectural style and material of the surrounding residences because the proposed structure is proposed to be a prairie style home, which is the precedent of the ranch architectural style, which is the dominant style in the neighborhood. Section 10: The proposed project is compatible with the front yard setbacks of the surrounding residences because the surrounding properties were developed under Los Angeles County's jurisdiction, as such, some properties such as the subject property were not developed with the required 20' front yard setback. However, by developing the second story addition with more than the required 20' front yard setback, this project will comply with the Code requirement, as well as be consistent with the front yard setbacks found in the surrounding properties. Section 11: The requested Variance is warranted to allow the non -permitted addition to remain within the required side yard setback because the subject property was developed under the County, not in accordance with the City's setback requirements and that although the addition appears to have been developed without permits, denying the Variance and requiring the existing non -permitted addition to be moved 2'-0" would still leave a house that is non -conforming. This is a situation that does not generally apply to other properties within the same zoning district, since in most areas where illegal additions are found to conflict with the Code, the remaining residence is already in conformance Section 12: The requested Variance is warranted to allow the non -permitted addition to remain within the required side yard setback because Seaview Tract was developed under Los Angeles County's jurisdiction, prior to the City's incorporation, and therefore many properties in the tract, including the subject property, were developed with substandard setbacks Since the non -permitted addition is an existing part of the structure and not a new proposed addition, this Variance is necessary for the preservation and enjoyment of a substantial property right, which is possessed by other property owners, and not a granting of a special privilege to the property owners, since other properties contain substandard setbacks Section 13: The requested Variance is warranted to allow the non -permitted addition to remain within the required side yard setback because the substandard setback has not been identified as a problem since the addition has been constructed, nor does it pose as a problem currently, the applicants will be required to obtain a Building Permit from the Building and Safety Division, which will address Building and Safety issues, therefore the granting of the Variance will not be materially detrimental to the public's welfare or injurious to the property and improvements in the area in which the property is located. P.C. Resolution No. 2002-31 Page 3 of 5 Section 14: The requested Variance is warranted to allow the non -permitted view house to remain within the required side yard setback since denying the Variance and requiring the existing non -permitted view house to be moved 4'-0" away from the property line would still leave a property that is non -conforming Since the existing residence was developed with non -conforming setback, there are extraordinary circumstances to the subject property that would warrant a Variance to allow the view house to remain at its present location. Section 15: The requested Variance is warranted to allow the non -permitted view house to remain within the required side yard setback since many properties in the Seaview Tract were improved with substandard setback As such, the Variance is necessary for the preservation and enjoyment of a substantial property right, which is possessed by other property owners, and not a granting of a special privilege to the property owners, since other properties contain substandard setbacks Section 16: The requested Variance is warranted to allow the non -permitted view house to remain within the required side yard setback the view house is not readily visible from the street of access or the surrounding neighbors, and since the view house has not been identified as a problem since its construction, nor does it pose as a problem currently. Additionally, the applicants will be required to obtain a Building Permit from the Building and Safety Division, which will address Building and Safety issues. Section 17: The requested Variance is warranted because the development of accessory structures and additions for single-family residences is consistent with this underlying land use designation, and the improvements are not inconsistent with the General Plan's goals and policies. Section 18: The existing greenhouse, the existing two trellises located in the rear yard, and the proposed two trellises located in the front yard comply with the code requirement in terms of setbacks, height, and lot coverage Section 19. 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 approves with conditions Height Variation, Variance, and Site Plan Review (Case No 2002-00361) for the construction of a 1,025 square foot first story addition and a new 1,312 square foot second story addition to an existing 2,531.5 square foot residence (including a two -car garage), and to legalize 672.5 square feet of non -permitted construction. Section 20: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.80 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 November 26 , 2002, the date of the Planning Commission's final action. P.C. Resolution No. 2002-31 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 26th day of November 2002, by the following vote: AYES: Commissioners Lyon, Duran Reed, Tomblin, and Chairman Cartwright NOES: commissioner Mueller ABSTENTIONS: Vice Chair Long ABSENT: Commissioner Cote �oel pjas, A Pirecyor of PInji g, Building and U -d6 Enforce tand, Secretary to the Planning Commission Joh S Cartwright I Planning Commission Chairman P.0 Resolution No. 2002- 31 Page 5 of 5 Exhibit "A" Conditions of Approval Height Variation, Variance, and Site Plan Review Case No. ZON2002-00361 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. 2. The approval shall become null and void after one (1) year 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 abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void. 4. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5. The project shall substantially conform to the plans stamped approved with the effective date of this approval. 6. 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. 7. The construction site and 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 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 9. No grading is approved or allowed under this permit approval. 10.A11 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. 11.All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 12.Based on a site visit, Staff determined that the two pine trees located in the rear yard and the olive tree located in the front yard significantly impair the ocean view from the properties located on 4362 Exultant Drive, 4354 Exultant Drive, and 4348 Exultant Drive. Therefore, the crown of the pine trees in the rear yard shall be raised to the bottom of the fronds of the palm tree (also located in the rear yard), and the crown of the olive tree (located in the front yard) shall be lowered to the height of the existing ridgeline. After the trimming of the above mentioned foliage, if the olive tree located in the rear yard significantly impairs a ocean view, as determined by Staff based on a subsequent site visit, then the crown of the olive tree in the rear yard shall also be lowered to the height of the existing ridgeline Height Variation and Variance 13.Approval of Height Variation and Variance (Case No. ZON2002-00361) allows for the construction of a 1,025 square foot first story addition and a new 1,312 square foot second story addition to an existing 2,531.5 square foot residence (including a two-car garage), and the legalization of 672.5 square feet of non-permitted construction to be located 3'-0" from the north side property line. 14.The total square footage of the proposed structure shall not exceed 5,541 square feet. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 15.Any conversion of the existing enclosed non-habitable space into habitable space, such that the resulting square footage of habitable space is more than 5,000 sq.ft., shall not be allowed without approval and provision of a three car garage on the subject property. 16. The proposed two-story additions are proposed to be constructed at a height of 23.32', as measured from the finished grade adjacent to the lowest foundation (104.89') to the highest ridge (128.21'), and 21.51', as measured from the highest elevation to be covered by structure (106.70') to the highest ridge. The applicants propose to modify the roof over the existing garage, such that the existing garage is at a height of 13.86', as measured from the finished grade adjacent to the lowest foundation (104.89') to the ridge (118.75'), and 12.05', as measured from the highest elevation to be covered by structure (106.70') to the ridge. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION OF THE TWO STORY PORTION OF THE STRUCTURE, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. Exhibit"A"—Conditions of Approval HV,VAR, and SPR Case No.ZON2002-00361 Page 2 of 4 17.The proposed new additions approved under this permit shall maintain the following minimum setbacks: Front: 20'-0" (proposed: 54'-6") North Side: 5'-0" (proposed: ± 26'-0") South Side: 5'-0" (proposed: 5'-10") Rear: 15'-0" (proposed: >100'-0") The existing main structure and portions thereof, which were legalized with the approval of the Variance, shall maintain the following minimum setbacks: Front: 16'-0" North Side: 3'-0" South Side: 4'-10" Rear: >100'-0" PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, SOUTH SIDE SETBACK CERTIFICATION FOR THE SECOND STORY ADDITION, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. Site Plan Review 18.Approval of Site Plan Review Case No. ZON2002-00361 is for the legalization of the existing 200 square foot greenhouse located in the rear yard, the legalization of two trellises totaling 380 square feet, and the construction of two trellises located in the front yard, one measuring 465 square feet and the other trellis measuring 126 square feet. 19.The proposed accessory structures shall maintain the following minimum setbacks: .. ...................., .. ,. ,.. au .:r..r.,,.., .. ],..,.,....r...v.:..,•.•:. .. ,,..,. .. .. rc}r2. :tt. :':�: a}rom;}9,y,:iA • ...x.�. ....n. ...,r. T .... .n.w.A.,v.v.. .t.. ... .. ,. x ......,.......... .. ... Y... of .:{'4 - f ..: - ..,*£.. • ,. x.... ...t... 'tft .Y,v.:::..wku.v..)...v4.�i.v: .d..... , �'.e: .:.::rc ..0. .4... - .:. _.....d, <,,a�...$.�M,�4 .YT:.r:: ,,v:::.-S� :... ;l:S:�. �. � Fp ..Y"?kg:•l r ;];�:, �. ....n ....:tet. .. •..::..�,`�,,....�. M-�¢ .. .r.. , � .. .,k, ...,.<... .. .. ..4 r. v ,.. .,...r......rT.?x:... ..v. .a.. �. '"ise r.Sdf , .........k .... ..... ....... ..:........ :...........................?--.:t:. .:}_-:.moi. ... ...`A.lvu......... ....v..]. ....S• .I. .... } ......?x,......... ..?i}......n..w , ....:. x.ri-Y. tt�� ... ......:.K,...K..v...,. tx......w................v..,,r. .. -.. :.:-..::_:x:• ,-.,f..';:.. .. :>r--: An�C :{�`8,� ...,t..... ..... ...,,r..r.,._�......`.�,..'�'.�"... .........,.,�k 2lt+t ✓.................................. .o• ...'6-,-`...... .-:t...l.T.�6'.-,.,:..3.,.,.,..�....a..,.a .,.....t�.s........,.,t....... ..-.:.,.,,.5•::-:::..,�.-:.,.::.w::::::::::.:.,-:a:. •'�:.•:h.'.,Uv.,...:.....}.:_!k�r,,,,,......:Y. ..,.....,..... r..f.... .r,{.Y. .,,....,-,. .....-'a....,,.....x�,.............r....„k•,.. , ,,, Code Requirement 20.0' 5.0' 15.0' Greenhouse NA 19.5' 68.5' Front Trellis 1 22.5' 19.0' NA Front Trellis 247.0' 5.0' NA i Rear Trellis 1 NA 20.0' NA Rear Trellis 2 ! NA 22.0' NA 'NA=Not Applicable—substantial distance that exceeds requirement PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, SIDE SETBACK CERTIFICATION FOR THE 126 SQUARE FOOT TRELLIS BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. Exhibit"A"—Conditions of Approval HV,VAR, and SPR Case No.ZON2002-00361 Page 3of4 20.The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as required by the RS-4 zoning district (proposed 25.9%). 21.All structures located within the required twenty (20) foot front yard setback area shall not exceed a height of forty-two (42) inches in height. 22.The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 23.No improvements shall be permitted on "extreme slopes" (35% or greater). 24.In the event of any future additional enclosed square footage to the subject property, the applicant shall bring the subject property into conformance with the Development Code and provide a three car garage. Variance 25.Approval of the Variance Permit Case No. ZON2002-00361 allows for the existing 128 square foot view house to remain at 1-0" from the side property line. 26.PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE APPLICANT SHALL SUBMIT TO THE PLANNING DEPARTMENT AN APPLICATION FOR A LOT LINE ADJUSTMENT, so that the existing view house is not straddling a property line and is located entirely on one property and in compliance with the setback requirements. Exhibit"A"—Conditions of Approval HV,VAR, and SPR Case No.ZON2002-00361 Page 4 of 4