Loading...
PC RES 2003-033P.C. RESOLUTION NO. 2003-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION, (CASE NO. ZON2003-00179), THEREBY PERMITTING A 3,395 SQUARE FOOT TWO STORY SINGLE FAMILY RESIDENCE FOR PROPERTY LOCATED AT 1917 TRUDIE DRIVE WHEREAS, on April 11, 2003, the applicant submitted a Height Variation application requesting to demolish the existing residence and construct a new 3,395 square foot single- family residence on the subject site The Height Variation allows the proposed residence to have a height of 25 28', as measured from the lowest grade adjacent to the foundation/slab (402.98') to the highest ridgelme (428 26') of the proposed residence, and 24 53', as measured from the highest grade adjacent to the foundation/slab (403 73') to the highest ridgeline of the proposed residence, and, WHEREAS, on June 11, 2003, the application for Height Variation, 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 Height Variation would 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 notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 22, 2003, 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 approved project includes the construction of a 3,395 square foot single-family residence The approved residence consists of 1,300 square feet of habitable area and 400 square feet of garage on the first floor and 1,695 square feet of habitable area and a 100 square foot balcony on the second floor Section 2: The Height Variation is warranted since the applicant has compiled with the early neighborhood consultation process established by the city by obtaining 84% of the property owners' signatures within 100 feet and 35% of the signatures of the property owners' signature within 500 feet of the subject site Section 3 The Height Variation is warranted since the structure 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 Plan, as a city -designated viewing area. All views and vistas from their designated viewing areas are in directions away from the project site or there is a significant difference in elevation from the project site and the viewing area, such that the proposed project will not impair the view P.0 Resolution No 2003-33 Page 1 of 5 Section 4: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory The subject property is located in the center of a highly developed tract, which is not located on a ridge or promontory Section 5: The Height Variation is warranted since the structure is designed and situated in such a manner as to minimize impairment of a view Due to the topography and existing development area, the proposed structure will not create view impairment Section 6: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application As noted in the previous section the proposed addition does not impact any views from other properties, therefore does not contribute towards a cumulative view impact Section 7: The Height Variation is warranted since the proposed structure, when considered exclusively of existing foliage, does not significantly impair a view from the viewing area of another parcel As noted in the previous two sections no view impairment to other properties is caused by the structure Section 8: The Height Variation is warranted since the proposed structure complies with all other code requirements. Inasmuch as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code, it meets all other code requirements Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character Based upon an analysis of the immediate neighborhood, it is found that the proposed structure incorporates architectural styles and materials found in other homes, the proposed residence has a comparable scale as other residences, and the front yard setback is similar to other homes in the area Section 10: The Height Variation is warranted since the proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The design of the house minimizes infringement of privacy by limiting the location and size of windows and not having balconies and/or roof decks on the side or rear of the residence Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 17 02 040 and 17 80 070 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 August 6, 2003 Section 12: 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 the Height Variation to allow for the construction of a 3,395 square foot single family residence (Case No ZQN2003-00179), subject to the conditions contained in Exhibit W, 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. 2003-33 Page 2 of 5 PASSED, APPROVED AND ADOPTED this 22nd day of July 2003, by the following vote AYES- COTE, DURAN REED, TOMBLIN, CARTWRIGHT, LYON, MUELLER, CHAIR LONG NOES - ABSTENTIONS ABSENT Joel bojas, ICP ire or of PI nn)in, Building and Code Enforcement; and, Utary to PI anning Commission Thomas Long, Chairman P C Resolution No 2003-33 Page 3 of 5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-33) Height Variation (Case No. ZON2003-00179) This approval is for a Height Variation to allow for the construction of a 3,395 square foot single family residence, which consists of 1,300 square feet of habitable area and 400 square feet of garage on the first floor and 1,695 square feet of habitable area and a 100 square foot balcony on the second floor 2 Approval of this Height Variation 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 3. 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 4 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. 5 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 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 project shall substantially conform to the plans stamped, and dated the effective date of this resolution, approved by the Planning Commission 8 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. 9 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 10 All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction P C Resolution No. 2003-33 Page 4 of 5 11 The approved project shall maintain a maximum 50% lot coverage. (Proposed. 37%) 12 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 13. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped 14. The proposed structure shall maintain the following minimum setbacks - 15' -0" rear (proposed 15') 5'-0" side (proposed 5' on each side) 20'-0" front (proposed 20') 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. 15 The addition shall not measure more than 25 28' from the lowest elevation where the finished grade is adjacent to the building foundation/slab (402.98') to the highest roof ndgelme (428 26'), and 24 53' from the highest elevation where the finished grade is adjacent to the building foundation/slab (403 73') to the highest roof ridgeline. 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. P C Resolution No. 2003-33 Page 5 of 5