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PC RES 2007-058 P.C. RESOLUTION NO. 2007-58 RESOLUTION OTHE PLANNING COMMISSION F THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING COASTAL PERMIT AND HEIGHT VARIATION (PLANNING A NO. Z 2006-00453) FOR THE CONSTRUCTION OF A 2,865-SQUARE-FOOT 2- STORY ADDITION TO AN EXISTING1-STORY SINGLE- FAMILY RESIDENCE, AND DENYING WITHOUT PREJUDICE A VARIANCE FOR AFTER-THE-FACT APPROVAL OF A TRELLIS, E UE AND FIREPLACE IN THE SIDE-YARD T , LOCATED T 1 SEA COVE DRIVE WHEREAS, on August 23, 2006, the applicant, Dana Ireland, submitted an application for Planning Case No.ZON2006-00453 for a coastal permit and height variation to allow a 2-story addition totaling 2,865 square feet to an existing 1-story single-family residence on Sea Cove Drive; and, WHEREAS, in the course of reviewing the proposed project, Staff determined that the applicant had constructed a trellis, barbeque and fireplace within the interior side-yard setback area without prior Planning Division approval; and. WHEREAS,the applicant subsequently amended the application to include an after- the-fact variance for the trellis, barbeque and fireplace; and, WHEREAS, on July 31, 2007, the application for Planning Case No. ZON2006-00453 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 the approval of the requested coastal permit and height variation, and denial of the request variance, would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on September 11, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the requested coastal permit for new development within the non-appealable portion of the City's coastal zone: A. The proposed development is consistent with the Coastal Specific Plan. The Coastal Specific Plan land use designation of the property is Residential, 2-4 DU/acre and Subregion 4 Policy No. 1 calls upon the City to "[require] all new housing within the confines of Subregion 4 to be of a single-family nature". Additions to an existing single-family residence are consistent with this land use designation and policy. B. The project site lies within a non-appealable portion of Subregion 4 of the City's Coastal Specific Plan on the inland side of Sea Cove Drive, a public street. Therefore,the required coastal permit finding that the proposed development,when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act, is not applicable to the proposed project. Section 2- The Planning Commission makes the following findings of fact with respect to the application for a height variation to allow the construction of a 2,865-square- foot 2-story addition to the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City. Property owners' acknowledgement signatures were obtained from 70% of the property owners within a 500-foot radius of the subject property. B. The proposed new structure that is above sixteen feet in height or an addition to an existing structure that is above sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. The subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan or Coastal Specific Plan as a City-designated viewing area. C. The proposed structure is not located on a ridge or promontory. The City's Development Code defines a "ridge"as an elongated crest or linear series of crests of hills, bluffs, or highlands, while a "promontory" is defined as a prominent mass of land, large enough to support development which overlooks or projects onto a lowland or body of water on at least two sides. The subject site is a pad lot at the southwest corner of Palos Verdes Drive South and Sea Cove Drive, and does not meet the definition of a ridge or a promontory. P.C. Resolution No. 2007-58 Page 2 of 8 D. The proposed neve structure that is above sixteen feet (16') in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Specifically, views of the ocean,distant horizon and Santa Catalina Island are currently available above the subject property from residences on Arrowroot Lane. The proposed project would have no impact upon these views. E. If view impairment exists from the viewing area of another parcel but it is determined not to be significant, the proposed new structure that is above sixteen feet in height is designed and situated in such a manner as to reasonably minimize impairment of a view. The portion of the proposed project that is above sixteen feet (16'-0") in height results in no impairment of the view from the viewing area of any other property. F. There is no significant cumulative view impairment caused by granting the application. Specifically, the proposed project results in no view impairment from the viewing area of any other property. G. The proposed structure complies with all other Code requirements. The proposed addition complies with the RS-4 district development standards with respect to lot coverage and setbacks. In addition, the proposed 3-car garage exceeds the minimum off-street parking required for a residence with less than five thousand square feet (5,000 SF) of living area. H. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. I. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. There are no residences abutting the subject property due to the natural drainage course that separates it from the other homes. The owner of the property at 6132 Arrowroot Lane, Mr. Gomez, has expressed concern about privacy infringement regarding his backyard deck and hot tub, but it should be noted that this property is not an "abutting" property. The deck and hot tub at 6132 Arrowroot Lane are located approximately forty feet(40')higher and two hundred twenty-five feet (225') away from the proposed 2-story addition. As proposed, there are secondary bedroom and bathroom windows on the north facade that face toward Palos Verdes Drive South and the Gomez property. However, given the horizontal distance, difference in elevation and the intervening foliage on both properties, the proposed addition will not create unreasonable privacy infringement for the property 6132 Arrowroot Lane. P.C. Resolution No. 2007-58 Page 3 of 8 1v Sections 3m The Planning Commission makes the following findings of fact with respect to the application for a variance for after-the-fact approval of the non-permitted trellis, barbeque and fireplace in the interior side-yard setback area of the subject property: A. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. The applicant asserts that his property is unique in that the existing structure has no setback from the interior side property line because it was originally a commercial structure, for which no setback was required. The Planning Commission acknowledges that the existing structure is nonconforming, and was made even more so by the change from commercial to residential zoning. However, the intent of the City's Development Code is not to perpetuate nonconformities, but to remedy them. Furthermore, the barbeque and fireplace could be easily modified so as to avoid the need for a variance, but the applicant is unwilling to make these modifications. S. Such variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. The applicant asserts that,without the approval of the variance, the trellis, barbeque and fireplace would have to be relocated so that they were not "aligned" with the exterior wall of the building. He further asserts that this would damage his view of Abalone Cove and Portuguese Point, which is a view that is enjoyed by other property owners in the area. Again, the Planning Commission agrees that the trellis, barbeque and fireplace would need to be "re-aligned" without the approval of the requested variance. However, the Planning Commission finds that the desire to enjoy a view while using the barbeque or fireplace is inadequate justification to grant a variance. In nearly all cases,when the City acts to protect views, it does so for views from the inside of residences, not from outdoor living areas. As such, denying the requested variance does not deprive the applicant of the protection of a view in a manner that is unlike the treatment of other similarly-situated properties in the City. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(j), 17.64.060 and 17.72.100 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, no later than fifteen (15) days following September 11, 2007, the date of the Planning Commission's final action. Pursuant to Section 17.72.100(E), no appeal fee shall be assessed by the City. Section ® 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 conditionally approves the requested coastal permit and height variation (Planning Case No. ZON2006-00453)forthe P.C. Resolution No. 2007-58 Page 4 of 8 construction of a 2,865-square-foot 2-story addition to an existing 1-story single-family UL residence, and denies witW,, Prejudice a variance for after-the-fact approval of a trellis, barbeque and fireplace in the side-yard setback area, located at 1 Sea Cove Drive, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 11th day of September 2007, by the following vote: AYES: Commissioners Karp, Knight, Ruttenberg and Tetreault, Vice Chairman Perestam NOES: Commissioner Lewis and Chairman Gerstner ABSTENTIONS: none ABSENT: none RECUSALS: none t A-7 Bill Gerstner Chairman Joelof s, aic Dire for f Plann ng, Building and qodp Enforcement; and, Secre ry to the Planning Commission P.C. Resolution No. 2007-58 Page 5 of 8 EXHIBITW CONDITIONS F APPROVAL FOR PLANNING CAE NO. ZON2006-00453 (Ireland, 1 Sea Cove rive) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check,the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for a 2,865-square-foot 2-story addition to an existing 1-story single- family residence. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the coastal permit and height variation by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-4 district development standards and,the OC-2 and OC-3 performance criteria of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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. P.C. Resolution No. 2007-58 Page 6 of 8 Otherwise, a coastal permit and height variation revision must be approved prior to further development. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. 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. 9. 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 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. 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. 11. Prior to the issuance of a building permit for the approved project, the applicant shall be responsible for the removal or relocation of the existing trellis, barbeque and fireplace in the interior side-yard setback area. If any or all of these features are relocated to another portion of the property, the applicant shall obtain the necessary approvals from the Director of Planning, Building and Code Enforcement before doing so. 12. No grading is approved as a part of this action, other than excavations for foundations or footings. Coastal Permit Conditions: 13. During construction, the applicant shall take reasonable steps to ensure that existing public and private coastal access and recreational facilities in the vicinity are not restricted or otherwise impinged upon by construction equipment or materials, to the satisfaction of the Director of Planning, Building and Code Enforcement. P.C. Resolution No. 2007-58 Page 7 of 8 Height Variation Conditions: 14. This approval is for a 2,865-square-foot 2-story addition for an existing 1-story single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. The maximum ridgeline of the approved project is 132.9 . BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 16. The approved residence shall maintain setbacks of 47.4' front, 15.2' rear, 0.0' interior side(nonconforming)and 11.7'street side. BUILDING SETBACK CERTIFI- CATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 17. The approved project shall maintain a maximum of 50% lot coverage (40.7% proposed). Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 18. A minimum 3-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7°vertical clearance. 19. No more than fifty percent (50%) of the interior and exterior walls and square footage of the existing structure may be demolished without bringing the nonconforming 0.0-foot side-yard setback into compliance with the current 5-foot side-yard setback. MAProjects2ON2006-00453(Ireland,1 Sea Cove Dr)\PC Resolution 2007-58.doc P.C. Resolution No. 2007-58 Page 8 of 8