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PC RES 2006-057 P.C. RESOLUTION NO. 2006-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO POS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION PERMIT (CASE NO. ZON2006-00207), FOR AN 876 SQUARE FOOT SECOND-STORY ADDITION AND A 119 SQUARE FOOT ONE-STORY ADDITION ON A PROPERTY LOCATED AT 28708 GUNTER ROAD WHEREAS, on April 10, 2006, the applicant submitted a Height Variation application requesting to construct a 1,144 square foot addition to an existing 1,498 square foot one-story residence. On May 4, 2006 and June 6, 2006, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The applicant submitted the remaining information to staff that was needed to complete the application and the Height Variation application was deemed complete by staff on August 3, 2006; 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 the Height Variation would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class I (Section 15301); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 24, 2006, at which time the Planning Commission granted the applicant's request to continue the discussion and the review of the proposed project to the November 28, 2006 Planning Commission meeting to address the concerns raised by Staff and the neighbors, as well as to re-construct the silhouette frame which reflects the modified plans and, WHEREAS, the Planning Commission held a duly noticed public hearing on November 28, 2006, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The applicant has complied with the early neighborhood consultation process established by the City by obtaining signatures from 70% of the landowners within 100 feet and 36% of the total number of landowners within 500 feet. Section 2: The proposed addition that is above sixteen feet in height 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 P.C. Resolution No. 2006- 57 Page 1 of 7 Coastal Specific Plan, as City-designated viewing areas. There are no public property viewing areas, as designated within the General Plan, within the vicinity of, or that look over, the subject site. Section 3: The proposed structure is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract and the grade at the subject site is similar to those existing on the adjoining properties. The tract is not located on a ridge or a promontory, as defined in the Municipal Code. Section 4: The view analyses conducted from 2043 Dorado Drive, 2116 Mendon Drive, 2044 Mendon Drive, 2038 Mendon Drive, 2022 Mendon Drive, found that the view of the Long Beach harbor will not be impaired since the proposed project will not encroach into the view corridor. View analyses conducted from 28618 Gunter Road found that as seen from the viewing area, the view of the commercial buildings on Western Avenue can be seen through the silhouette frame of the proposed project. Additionally, the view of the Long Beach harbor is situated away from the proposed project will not encroach into the view and therefore, the proposed project will not cause significant view impairment as seen from the viewing area on this parcel. The view analyses conducted from 28629 Gunter Road found that, as seen from the viewing area on this parcel, there is a limited view of the Vincent Thomas Bridge, which will not be obstructed by the proposed project, since it is situated lower than the bridge. As such, there is no significant view impairment from the viewing area of this parcel. Therefore, Staff determined that the proposed addition to the existing structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of other parcels identified in this paragraph. Section 5: There will be no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Since the project does not create view impairment, it does not contribute towards cumulative view impairment. Section : The proposed second-story addition complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 7: The proposed project is compatible with the immediate neighborhood character. The resulting structure size, at 2,493 square feet is within the range of the neighborhood, which is 1,245 square feet to 2,679 square feet, and thus will not be the largest structure in the immediate neighborhood. The proposed additions are designed by incorporating building materials that are commonly found in the homes within the immediate neighborhood. The resulting design, consisting of dutch gable roof with composition shingle roofing materials and stucco finish, will maintain the P.C. Resolution No. 2006-57 Page 2 of 7 appearance found in the immediate neighborhood and hence its compatibility. By recessing the proposed second-story by 12'-6" from the first-story fagade, the appearance of bulk and mass as seen from the adjoining property to the northwest and from the street of access is considerably mitigated. The proposed project will be constructed outside of the required setback area and will continue to maintain the existing open space on the subject side. Section 8: The addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The previous design which consisted of two rear balconies on the second- story addition had been modified so that the balcony on the northwest side has been eliminated; further, windows proposed on the west elevation have been eliminated to ensure there is no visibility on to the residence abutting the subject property to the northwest. As for the remaining balcony, there exists a distance between said property to the northwest of at least 50' and viewing ability on to said parcel is not anticipated. As such, the proposed additions have been modified to eliminate concerns for an unreasonable infringement of privacy on the adjoining properties. Section ® For the foregoing reason 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 Permit application to allow for the proposed project on the subject parcel (Case No. ZON2006-00207), 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. Section a 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 stating the grounds for the appeal and with the appropriate appeal fee, no later than 5;30 PM on December 13, 2006. P.C. Resolution No. 2006-57 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 28th day of November 2006, by the following vote: AYES: Ruttenberg, Tetreault, Gerstner, Karp NOES: None ABSTENTIONS: None ABSENT: Perestam, Knight , Lewis Bill Gerstner, Vice Chairman Joe ojas, AIC Dir ct r of PI ni g, Building and Code Enforcement; and, Se cat tot lanning Commission P.C. Resolution No. 2006- 57 Page 4 of 7 Exhibit "A" Conditions of Approval Height Variation (Case No. 2006®00207) 1. The approval of Height Variation Permit is to allow for the construction of an 876 square foot second-story addition and a 119 square foot one-story addition to an existing 1,498 square foot one-story residence. 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 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. 4. The approval shall become null and void after one (1) year from the date of this 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. 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 approval, 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 P.C. Resolution No. 2006-57 Page 5 of 7 obtained by the applicant prior to the commencement of construction. 11. The approved project shall maintain a maximum 50% lot coverage. (Proposed — 34.8%) 12. The proposed residence shall not exceed a height of 23.75', as measured from the lowest grade adjacent to the building foundation/slab (101.25') to the ridge line of the residence (126), and 23.5 , as measured from the highest elevation of existing building pad covered by structure (101.5') to the ridge line of the residence. 13. The proposed structure shall maintain the following minimum setbacks, unless modified in the future through subsequent City approvals: 15'rear (existing: 30.5', proposed: no change) 5' northwest side (existing: 5.5', proposed: no change) 5' southeast side (existing: 6', proposed: no change) 20' front (existing: 18.5', proposed: no change) 14. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public right-of-way. 15. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 16. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 17. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within 180 days of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. 18. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this resolution. 19. The construction site and adjacent public and private properties and streets 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 P.C. Resolution No. 2006-57 Page 6 of 7 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. 20. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 21. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building official and shall be places in a location that will minimize disturbance to the surrounding property owners. P.C. Resolution No. 2006-57 Page 7 of 7