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PC RES 1994-0451 P.C. RESOLUTION NO. 94-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL, THEREBY OVERTURNING THE DIRECTOR'S DENIAL OF HEIGHT VARIATION NO. 791 AND APPROVING THE CONSTRUCTION OF A FIRST AND SECOND STORY ADDITION TO AN EXISTING RESIDENCE LOCATED AT 60 ROCKINGHORSE ROAD WHEREAS, on April 18, 1994, after declined Staff's recommendation to redesi the Director of Planning, Building, and Co application for Height Variation No determination that the proposed addition with the immediate neighborhood character and bulk; and, the owner and architect In the proposed addition, de Enforcement denied the 791, based on the would not be compatible with respect to both size WHEREAS, on April 26, 1994, less than fifteen (15) days following the Director's decision, the architect, (acting on behalf of the landowner) filed an appeal of the denial. On May 4, 1994, the letter of appeal was supplemented with additional comments regarding the reasons for the appeal; and, WHEREAS, after issuing notice pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on June 28, 1994, August 9, 1994, and August 23, 1994, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on June 28, 1994, after reviewing the proposed plans, the Planning Commission directed the applicant and landowner to revise the plans to comply with Development Code revisions with respect to Neighborhood Compatibility. On July 21, 1994, the applicant submitted revised plans to the City which included a reduction in the total square footage of 1,480 square feet, elimination of one room in the front of the structure and further staggering of the upper level setbacks to provide articulation, and a reduction in the maximum proposed ridgeline of one foot; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), and local CEQA guidelines, the proposed project has been found to be categorically exempt (Class III). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1: The applicant has complied with the early neighborhood consultation process established by the City in that the landowner obtained signatures from 70 percent of the property owners within 100 feet of the subject property and a total of 25 percent within 500 feet of the subject property, satisfying the minimum city requirements of 70 percent and 25 percent, respectively. Section 2: The structure does not significantly impair a view from public property which has been identified in the City's General Plan, Coastal Specific Plan, or City designated viewing area since Rockinghorse Road is not identified in the General Plan as a view corridor, and the property is not located in the Coastal Zone. Section 3: The proposed structure is not located on a ridge or promontory. Section 4: The proposed structure, as revised, is designed and situated to minimize impairment of a view since the upper level floor plan has been revised to eliminate one room located in the northwest corner of the proposed structure, and the project has been conditioned to remove the upper level patio cover located adjacent to the master bedroom in the rear of the structure. Section 5: Due to the topography and location of existing structures, the construction will not cause significant cumulative view impairment from any adjacent or neighboring properties. Section 6: As revised, the proposed structure, when considered exclusive of existing foliage does not significantly impair a view from the viewing area of another parcel since the plans have been revised to eliminate one room and reconfigure the floor plan on the upper level. The project has also been conditioned to remove the upper level patio cover located adjacent to the master bedroom in the rear of the structure. Although the structure will impair the view of the Santa Ana Mountains from property located at 55 Rockinghorse Road, this is not a protected view as defined by the Development Code. Section 7: The proposed structure complies with all other Code requirements, since the proposed structure will maintain a minimum sideyard setback of 9.81 feet, a minimum front yard setback of 36.66 feet, and a minimum rear yard setback of over 50 feet. Additionally, the open space remaining after construction will be approximately 73.4%, thereby respecting the minimum open space requirement of 60% for properties located in the RS -2 zoning district. P.C. Resolution No. 94-45 Page 2 of 4 Section 8: When considering criteria used in the "Guidelines and Procedures for Preservation of View Where Structures are Involved (Height Variations)" dated August 23, 1993, the proposed structure, as revised, is compatible with the immediate neighborhood character with respect to the apparent bulk and mass of the structure, since the proposed new square footage has been reduced by 1,480 square feet and the revised plans utilize staggered setbacks and an articulated facade which reduce the appearance of bulk that would otherwise be caused by the second story addition. Additionally, the project has been conditioned to eliminate the upper level patio cover located at the rear of the structure, adjacent to the Master Bedroom, thereby further reducing the appearance of bulk from the property located at 54 Rockinghorse Road. Section 9: 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 10: For the foregoing reasons and based on the information and findings contained in the Staff Report, minutes, and records of the proceedings, the Planning commission hereby upholds the appeal, thereby overturning the Director's denial of Height Variation No. 791 and approving construction of a first and second story addition to an existing residence located at 60 Rockinghorse Road, subject to the Conditions of Approval contained in the attached Exhibit "All which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 13th day of September 1994. Gilbert Alberio, Chairman N Bret �IBe;Ypardl CP Direr r 0 lannfng, Building, and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 94-45 Page 3 of 4 EXHIBIT "All CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 791 - APPEAL 60 ROCKINGHORSE ROAD 1. Within fifteen (15) days following this decision, the landowners shall submit to the City, in writing, a statement that they have read, understand, and agree to all conditions contained in this Exhibit. 2. With exception to the upper level patio cover located in the rear of the structure (see Condition No. 3 below), the construction shall be completed in substantial conformance with the plans, dated as submitted to the City on July 21, 1994. 3. Prior to submittal of plans to the Division of Building and Safety for plan check, the plans dated as submitted on July 21, 1994 shall be revised to eliminate the upper level patio cover located at the rear of the proposed addition, adjacent to the master bedroom. 4. Prior to submittal of plans to the Division of Building and Safety for plan check, the landowner shall submit to the City a Covenant to Maintain Property to Protect Views. 5. The maximum height of the new construction shall not exceed 24.99 feet. The maximum ridge shall not exceed an elevation of 119.54 feet. Height shall be measured from elevation 94.55, located at the northeast corner of the existing residence, as shown on the approved plans. CRITICAL - HEIGHT AND RIDGE CERTIFICATION REQUIRED. 6. All minimum setbacks shall be maintained as follows: Front - 20 feet; Rear - 15 feet; Side - 5 feet 7. No grading or construction of retaining walls permitted with this approval. 8. In the event that a Planning Division requirement and a Building and Safety Division requirement are in conflict with one another, the stricter standard shall apply. 9. 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 material may include, but not be limited to the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvaged materials, abandoned or discarded furniture, appliances, or other household fixtures. TS#13 RESHV791 PC P.C. Resolution No. 94-45 Page 4 of 4