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PC RES 2007-013 P.C. RESOLUTION NO. 2007-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE DES APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW ( ON2006-00240) TO CONSTUCT AN 884 SQUARE-FOOT SINGLE-STORY ADDITION AND A 472 SQUARE- FOOT SECOND STORY ADDITION TO AN EXISTING SINGLE-STORY RESIDENCE LOCATED AT 4249 DAUNTLESS DRIVE. WHEREAS, on May 1, 2006, the applicant submitted an application for a Height Variation and Site Plan Reivew (Case No. ZON2006-00240), a request to construct a 884 square-foot, single-story addition to the front, side, and rear of an existing single-story residence; and, WHEREAS, on January 3, 2007, the applications for Height Variation and Site Plan Review were 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 the Height Variation and Site Plan Review, will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after noticed issued on January 17, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 27, 2007, 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 an 884 square-foot addition to the first floor and 472 square-foot second story addition to the second floor to a single-story residence to the front, side, and rear of an existing single-story residence. The proposed structure height is 17' as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline or highest point of the structure. Section 2: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 37% of the signatures within a 500 foot radius and 100% of the signatures within a 100 foot radius of the project site. Section 3: That the Height Variation is warranted since the proposed addition that is above 16' in height does not significantly impair a view from public property (i.e. parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the city's general plan or coastal specific plan, as city designated viewing areas. Specifically, Ladera Linda Park is located at a higher elevation north of the subject property and has an ocean view to the south. Given that the proposed site is located significantly lower in elevation than Ladera Linda Park; the ocean view will not be impaired. P.C. Resolution No. 2007-13 Page 1 of 5 Section 4e That the Height Variation is warranted since the proposed additions are not located on a ridge or a promontory. The subject property is located within a fully developed single-family residential tract that is not located on a ridge or a promontory, as defined in the Development Code. Section 5® That the Height Variation is warranted since the proposed addition to the existing structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Views in the area are generally of the ocean in the southerly direction. As such, the proposed project does not impair the views from the residences located east, west, and south of the subject property. The view from the living room of 32203 Avenger Place, located north of the subject property currently has a small ocean view (south) over the existing ridgeline that would be slightly impaired by the proposed roofline of the subject property. The sliver of ocean view that would be impaired is insignificant when compared to the overall degree of view the view owner currently has. Section 6® That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. The analysis of cumulative view impairment is performed by assessing the amount of view impairment resulting from the proposed structure over 16' together with the amount of view impairment that would result by the construction on other parcels similar additions that exceed 16' in height. In accordance with the City Height Variation guidelines, staff selected three one-story residences in close proximity to the proposed project for the cumulative view impact analysis. Staff chose 4214 Dauntless Drive, 4222 Dauntless Drive, and 4230 Dauntless Drive, all located across the street from the subject property to include in the cumulative view analysis. Exhibit 'B' illustrates the entire view as seen from 32203 Avenger Place showing the potential view impairment if those three parcels were to be built to a height of 16' and 17' maximum height. As shown on Exhibit 'B', if the three parcels were to build to the maximum allowed by-right height of 16', it would significantly impair the ocean view from 32203 Avenger Place. Consequently, the areas over 16' in height would not impair the view any further. Given that the area of the proposed project over 16' together with the portions of the three nearby parcels over 16' would not significantly impair a view. Section 7. That the Height Variation is warranted since the proposed additions comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 89 That the Height Variation is warranted since the proposed additions are compatible with the immediate neighborhood character. Based on the analysis of the area, it is found that the proposed resulting structure is consistent with the immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. Section 9® That the Height Variation is warranted since the addition to the existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Since the applicant is not proposing to install windows on the proposed construction that exceed 16' in height, it does not result in any infringement of the privacy of the occupants of abutting residences. Section 10. That the proposed single-story addition that do not exceed 16' in height comply with the Development standards in Title 17 of the Municipal Code. P.C. Resolution No. 2007-13 Page 2 of 5 Section 11.- Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fiftee (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, March 14, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Panning Commission's decision will be final at 5:30 PM on March 14, 2007. Section 1212: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Height Variation and Site Plan Review to allow for the construction of an 884 square-foot addition to the front, side, and rear of an existing single-story residence (Case No. ZON2006-00240); 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. PASSED, APPROVED AND ADOPTED this 27th day of February 2007, by the following vote: AYES: CommIssioners Karp, Lewis, Ruttenberg, Tetreault, Vice Chairman Gerstner Chairman Knight NOES: Nome ABSTENTIONS: None ABSENT": Commissioner Perestam � J' Knig , hairm Joel RoAsAAICP Directoof lannin uiiding and Co nforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2007-13 Page 3 of 5 Exhibit" " Conditions of Approval Case No. 2006-00240 (sleight Variation and Site Plan Review) 4249 Dauntless Drive General 1. Approval of this Height Variation and Site Plan Review 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. 2. The approval shall become null and void after 180 days 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 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. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions. 5. 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. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7. 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2007-13 Page 4 of 5 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Heiia t Variation and Site Pian Review 10. This Height Variation and Site Plan Review allow the construction of an 884 square-foot, single-story addition and a 472 square-foot second story addition to the front, side, and rear of an existing single-story residence. 11. The height of the additions shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the additions shall not exceed 17', as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure. 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. 12. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20' front, 15' rear, and 5' sides. 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. 13. The garage shall maintain a minimum interior clearance of 18' (width) by 20' (depth). 14. The approved project shall maintain 31%, but in no case shall exceed 45% maximum lot coverage. 15. A foliage analysis conducted by staff revealed no existing foliage that significantly impairs the protected view form any surrounding properties. P.C. Resolution No. 2007-13 Page 5 of 5