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PC RES 2003-040P.C. RESOLUTION NO. 2003-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION AND SITE PLAN REVIEW CASE NO. ZON2003-00219 TO ALLOW THE CONSTRUCTION OF A 125 SQUARE FOOT FIRST STORY ADDITION AND 368 SQUARE FEET OF SECOND STORY ADDITIONS TO AN EXISTING RESIDENCE LOCATED AT 1301 MOUNT RAINIER. WHEREAS, on May 5, 2003, Height Variation Permit and Site Plan Review Case No. ZON2003-00219 was submitted to the Planning Department to allow the construction of a 125 square foot first story addition and 368 square feet of second story additions; and, WHEREAS, on July 24, 2003 the subject application was deemed complete for processing by Staff, and, WHEREAS, on July 31, 2003 a public notice was mailed to property owners within a 500 foot radius of the subject property informing them of the proposed project Furthermore, a notice was published in the Palos Verdes Peninsula News on August 2, 2003; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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 and Site Plan Review Case No. ZON2003-00219 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class' 1, Section 15303(a)), and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 9, 2003, at which all interested parties were given the 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 43 of the 76 properties within the 500' radius, which is 56%, and 7 of the 9 properties within the 100' radius, which is 78%. P C Resolution No 2003-40 Page 1 of 4 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 is located on a manufactured slope that was created at the time the building pads for the subject tract were graded and is not located on a ridge or promontory, as defined by the City's development Code Section 4: Based on an analysis of the existing neighborhood, the surrounding residences do not have any views through the proposed addition. Most surrounding properties located on Mount Rainier are located at similar elevations as the subject property, and developed with two-story homes Any view of the Harbor, which is located to the east, is currently impaired by residences located to the east. Furthermore, the properties to the rear (north) of the subject property are developed with multi family residences, which also contain views toward the east and not in the direction of the subject property. Therefore the proposed addition will not significantly impair a view from the viewing area of another parcel. Section 5: The proposed project will not create a cumulative view impairment from surrounding properties in that if the 4 closest properties to the subject property propose similar additions to the proposed addition, the additions will not cause a view impairment from another property Section 6: The proposed structure has been designed to minimize the impairment of views from surrounding properties by locating the additions to the front and rear of the residence and not higher than the existing ridgeline Section 7: The proposed structure complies with the residential development standards for a RS -4 zoning district in terms of open space, height requirements, and setbacks Furthermore, in addition to obtaining Planning approval, building and grading 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 structure will be compatible with the scale of the immediate neighborhood in that although the resulting square footage of the proposed structure will be larger than the average structure size within the immediate neighborhood, the scale of the proposed structure will be within the scale of the 20 closest residences Section 9: The proposed structure will be compatible with the architectural style of the immediate neighborhood in that the surrounding homes consist mainly of stucco finish with wood trim, and the roof material is mainly composition shingle or imitation wood shake The existing structure is also finished with stucco with wood trim and asphalt shingle roof material, and since the proposed additions are proposed to be finished with similar materials, the P.C. Resolution No 2003-40 Page 2 of 4 architectural style of the proposed structure will be compatible with the architectural style of the homes found in the immediate neighborhood. Section 10: The proposed structure will be compatible with the front, side and rear yard setback of the immediate neighborhood in that the proposed additions will not alter the appearance of the existing setback since the additions are proposed to be located above the existing footprint, and the rear addition will only increase by 6-6", which is not a significant decrease of open space between the existing structure and the rear property line Section 11: According to the layout of the proposed addition in relation to the surrounding 'neighboring, the proposed project will not result in an unreasonable infringement of privacy since no windows are proposed on the east and west elevations and the proposed window on the rear elevation will be located approximately 27' from the rear property line and the property to the rear is developed with a multi -family residential structure, which do not contain a rear yard Section 12: A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision Section 13: Any interested party 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 adoption of this resolution Section 14: 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 Height Variation and Site Plan Review Case No. ZON2003-00219, thereby approving the construction of a 125 square foot first story addition to the rear of the existing residence and the construction of 368 square feet of second story additions, at a height of 23.13', as measured from the point where the lowest foundation meets finished grade (99.20') to the proposed ridge (122.33'), and 22 33', as measured from the highest elevation of building pad covered by structure (100.00') to the proposed ridge, subject to the conditions of approval in Exhibit "A" P.0 Resolution No. 2003-40 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 9th day of September, 2003, by the following vote: AYES: commissioners Cote, Tomblin, Cartwright, Lyon, Vice Chair Mueller, and Chairman Long NOES: None ABSTENTIONS: None ABSENT: Commissioner Duran Reed "oel (ojas, P/rlcp� ire or of Panni g, Building aftd-Code E=ement; and, Secretary to the Planning Commission Chairman P.0 Resolution No 2003-40 Page 4 of 4 \ Exhibit "A" Conditions of Approval Height Variation and Site Plan Review Case No. ZON2003-00219 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. .... ..• . -.. -. •-.- .... . 10 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 11 All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 12. Based on a site visit, Staff found that there is no foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, Staff finds that no foliage shall be removed under this application request 13 Approval of Height Variation and Site Plan Review (Case No ZON2003-00219) allows for the construction of a 125 square foot first story addition to the rear of the existing residence and 368 square feet of second story additions to the front and rear of the existing residence 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. 14. The proposed front addition above the garage is proposed at the same height as the existing structure, which is at a height of 23.13', as measured from the point where the lowest foundation meets finished grade (99.20') to the proposed ridge (12233'), and 22.33', as measured from the highest elevation of building pad covered by structure (100 00') to the proposed ridge The proposed rear additions are proposed at a maximum height of 19.8', as measured from the point where the lowest foundation meets finished grade (99 2') to the proposed ridge (119 0'), and 19.0', as measured from the highest elevation of building pad covered by structure (100 0') to the proposed 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 BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 15 The proposed structure shall maintain the following minimum setbacks Front 20'-0" (proposed 21'-0") East Side. 5'-0" (proposed. 8'-9") West Side 5'-0" (proposed- 7'-0") Rear- 15'-0" (proposed- 86'-10") 16 The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as required by the RS -4 zoning district (proposed 43%) 17 All structures located between the front facade closest to the front property line and Exhibit "A" — Conditions of Approval HV and SPR Case No. ZON2003-00219 Page 2 of 3 the front property line shall not exceed a height of forty-two (42) inches in height 18 No improvements shall be permitted on "extreme slopes" (35% or greater) Exhibit "A!- Conditions of Approval HV and SPR Case No. ZON2003-00219 Page 3 of 3