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CC RES 1998-087 RESOLUTION NO. 98-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING HEIGHT VARIATION NO. 859 AND SITE PLAN REVIEW NO. 7988 'REVISION' FOR ADDITIONS TOTALING 1,767 SQUARE FEET, CONSISTING OF A 1,196 SQUARE FOOT FIRST STORY ADDITION AND A 571 SQUARE FOOT SECOND STORY ADDITION, WITH A MAXIMUM HEIGHT OF TWENTY-ONE FEET FOUR INCHES (21'4") FROM THE HIGHEST EXISTING GRADE COVERED BY STRUCTURE TO AN EXISTING 3,692 SQUARE FOOT, ONE STORY RESIDENCE, LOCATED AT 59 OCEANAIRE DRIVE. WHEREAS, on March 25, 1998, the applicant, Mr. & Mrs. Al Edgerton submitted applications for Height Variation No. 859 and Site Plan Review No. 7988 'Revision' to construct a new 1,196 square foot addition to the first story and a 571 square foot second story addition above the new and existing building footprint located at the rear of the existing residence with a proposed height in excess of sixteen (16'0") feet, located at 59 Oceanaire Drive; and, WHEREAS, on May 4, 1998, upon submittal of all necessary information, the project was deemed complete for processing; 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 No. 859 and Site Plan Review No. 7988 'Revision' would have significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15301 (e)(1)); and, WHEREAS, on July 28, 1998, the Planning Commission conducted a duly noticed public hearing to consider the applicant's request, and adopted P.C. Resolution No. 98-28, approving Height Variation No. 859 and Site Plan Review No. 7988 Revision , and, WHEREAS, on July 28, 1998, the Planning Commission reviewed and conditionally approved the application for Height Variation No. 859, based upon the necessary findings of fact, to wit: 1) the applicant has complied with the early neighborhood consultation process established by the City; 2) the proposed addition does not significantly impair a view from a viewing area from any public property identified in the City's General Plan, and thero ert is not located within the Coastal Specific Plan area; 3) the proposed project p p Y is not located on a ridge or promontory; 4) the proposed structure, when exclusive of foliage, does not significantly impair a view from another viewing area; 5) the proposed project will not cause significant cumulative view impairment; 6) the structure is designed and situated in such a manner as to minimize view impairment; 7) the proposed structure complies with all other Code requirements; 8) the proposed structure is compatible with the immediate neighborhood; 9) the proposed structure does not result in an unreasonable infringement of privacy to the abutting residences; and the proposed structure complies with all nine findings for granting a Height Variation as established under Development Code Section 17.02.040 C.1.e.; and, WHEREAS, on July 28, 1998, the Planning Commission reviewed and conditionally approved the application for Site Plan Review No. 7988 'Revision', based upon the necessary findings of fact, to wit: the proposed project complies with all Code requirements such as height requirement, lot coverage, and minimum setbacks; and, WHEREAS, on August 6, 1998, less than fifteen (15) days following the Planning Commission's decision, the appellant, Mr. Timothy Cotter, filed an appeal to the City Council, requesting that the City Council overturn the Planning Commission's approval of Height Variation No. 859 and Site Plan Review No. 7988 'Revision'; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Codes, the City Council held a duly noticed public hearing on September 15, 1998, at which all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining acknowledgement signatures from 60% of the property owners within the 500' of the subject property. Section 2: The proposed addition does not significantly impair a view from a viewing area from any public property identified in the City's General Plan, and the property is not located within the Coastal Specific Plan area, therefore the. proposed structure would not significantly impair a view from the public property. Section 3: The proposed structure is not located on a ridge or promontory since the property is located along the south side of Oceanaire Drive at the top of the slope above Upper Portuguese Bend. Also, there are no canyons located adjacent to this neighborhood and the property is not situated along the coastal bluffs. Section 4: The proposed second story addition, when considered exclusive of foliage, does not significantly impair a primary view along the row of residences on the northern side since the potential view of the ocean to the south is blocked by existing one story residences. Also, the protected views of the adjoining properties will not be significantly impaired or impacted since the view is primarily to the south and will not be Resolution No.98-87 Page 2 of 5 impacted by the proposed additions which is the east from 57 Oceanaire Drive and to the west from 61 Oceanaire Drive. Section 5: No cumulative view impairment will result from granting the applicant's request since no primary views are impacted by the proposed addition and the residences on the northern side of Oceanaire Drive do not enjoy a view south, toward the ocean, or of the southern coastline or offshore islands. Section 6: No primary views from the surrounding properties would be significantly impacted by the proposed project since no protected view exists and no impairment is caused b the addition. Therefore, the project is designed and situated in p Y a such a way to minimize view impairment. Section 7: The proposed structure will be constructed in accordance with the residential development guidelines of the City's Municipal Code and the structure will not reduce the existing front yard setbacks and will not encroach into either the side or rear yard setbacks. Also, the proposed addition must comply with the Uniform Building Codes and be reviewed, inspected, and approved by the Building and Safety Division Section 8: The proposed structure is compatible with the residences along Oceanaire Drive since the total bulk and mass is comparable to other existing two-story residences in the area and the appearance will not significantly change as a result of the proposed addition. The proposed addition will be located at the rear of the existing residence, and the new building footprint will not encroach into the side or rear yard setbacks. Also, the proposed size of the residence is consistent with the surrounding home sizes. Section 9: The proposed addition will not infringe on the privacy of the occupants of the abutting residence to the east at 61 Oceanaire Drive due to the large distance between the two structures that the second story addition is approximately 133'0" from the sidep roperty line, and due to the lack of windows on that side. Further, the addition will not infringe on the privacy of the property to the west at 57 Oceanaire Drive since the 2 windows facing west and the 1 corner window facing southwest will be permanently placed with opaque glass to adequately protect the privacy of the abutting residence. Also, the windows that face south would not create an infringement of privacy since a direct view overlooking the entire rear yard will not result, and the tennis court on the adjacent property is not a main gathering area. The proposed addition will not afford the subject p Y property a view into the private interior area of the neighboring residences, and the p Y proposed addition will not create unreasonable infringement to the interior or outdoor privacy rivac of any abutting residences. However, the applicant shall plant foliage on the subject site adjacent to the western property line to the abutting residence at 57 Oceanaire Drive, in order to further mitigate potential infringement of privacy from the proposed southern windows. The number, type, and location of said foliage shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. Resolution No. 98-87 Page 3of5 Section 10: A Foliage Analysis was conducted in conjunction with the Height Variation No. 859 application and Staff determined that there is no existing foliage on the subject site that significantly impairs a protected view from the adjacent neighbors, and the applicant is not required to remove any of the foliage from the subject site. Section 11: The proposed first story addition proposed as Site Plan Review No. 7988 'Revision' complies with the height requirements, lot coverage, and minimum setbacks. Therefore, the proposed addition will conform to the Development Code standards. Section 12: The time within which judicial review of the decision reflected in this Resolution must be sought, if available, is governed by Section 1094.6 of the California Code of Civil Procedure. Section 13: For the foregoing reasons based on the information and findings included in the Staff Report, Minutes and other record of proceeding, and P.C. Resolution No. 98-28, which are attached hereto by reference, the City Council of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Planning Commission's decision and approving Height Variation No. 859 and Site Plan Review No. 7988 'Revision' for a 1,196 square foot one story addition, and a 571 square foot second story addition which totals 1,767 square feet, with a proposed height of twenty-one feet four inches (21'4") measured from the highest existing grade covered by structure (elevation of 102.3'), to an existing 3,692 square foot, one story residence, for the property located at 59 Oceanaire Drive, subject to the conditions contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Resolution No. 98-87 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 15th day of September 1998. Mayor ATTEST: City Jerk Sta of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 98-87 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof on September 15, 1998. City Irk Resolution No. 98-87 Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 859 AND SITE PLAN REVIEW NO. 7988 'REVISION' 1 . Prior to the submittal of plans into Building and Safety "plan check", the applicant shall submit to the City a statement, that they have read, understand and agree to all the conditions of approval contained in this resolution. Failure to provide said written statement within ninety (90) days of approval shall render this approval null and void. 2. The approval shall be 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 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 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. 4. The abandonment or non-use of this approval after a period of one year shall terminate the approval and any privileges hereunder shall become null and void. 5. The proposed addition shall not exceed a total of 1,767 square feet in area (which includes a 1 ,196 square foot addition to the first story and a 571 square foot second story addition) and twenty-one feet four inches (21'4") in height, measured from highest existing grade covered by structure (elevation of 102.03) at the north- western corner of the garage to the proposed ridgeline (elevation of 123.38). 6. The minimum setbacks shall conform to the approved plans, but in no case shall be less than: Front: 11'0" (existing) Sides: 5' Rear: 15' rear 7. The applicant shall provide to the Building and Safety a certification that the proposed ridgeline does not exceed twenty-one feet four inch (21'4") from finished grade, measured from the north-western corner of the garage (elevation of 102.03) to the proposed ridgeline (elevation of 123.38). RIDGE HEIGHT CERTIFICATION REQUIRED. Resolution No. 98-87 Exhibit "A" Page 1 of 3 8. The proposed height increase of the garage ridgeline shall not exceed sixteen (160") feet in height (proposed: 14'0"), measured from the north-western corner of the garage (elevation of 102.03) to the ridge (elevation of 116.03). 9. Prior to submittal of plans to "plan check" in the Building and Safety Division, the applicant shall submit a geology trust deposit for the City's Geotechnical Engineer to conduct a site visit*to determine if a geology/soils report is required for the proposed project. 10. The three windows facing west (2 windows at the western side and 1 at the south- western corner), toward the abutting property at 57 Oceanaire Drive shall be permanently placed with opaque glass. The translucent windows shall be maintained from hereon and any replacement to clear glass shall be considered a code violation. 11. A minimum of sixty (60%) percent of open space shall be maintained on the property (proposed: 93%). 12. The appearance of the exterior finishes of the proposed addition must be compatible with the existing structure. 13. No grading has been proposed or approved in conjunction with the construction of this project. 14. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 15. No foliage shall be required to be removed during the time of construction. 16. 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 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. 17. The construction of the 1,767 square foot addition shall conform to the approved plans submitted to the Department of Planning, Building and Code Enforcement stamp dated on June 23, 1998. 18. The applicant shall plant and maintain mature foliage on the subject site adjacent to the western property line to the abutting residence at 57 Oceanaire Drive, in order to futher mitigate potential infringement of privacy from the proposed southern windows. The number, type, and location of said foliage shall be reviewed and Resolution No. 98-87 Exhibit "A" Page 2 of 3 approved by the Director of Planning, Building and Code Enforcement. The applicant shall record with the covenant and agreement with the County of Los Angeles that runds with the land agreeing to this condition. Resolution No. 98-87 Exhibit "A" Page 3 of 3