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PC RES 1995-024 411 411 P.C. RESOLUTION NO. 95-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 394 TO ALLOW A RIDGELINE MODIFICATION AND CUPOLA TO A LEGAL NON- CONFORMING STRUCTURE WHICH WOULD RESULT IN AN OVERALL DOWNSLOPE HEIGHT OF 42'-3", AT 2866 CROWNVIEW DRIVE WHEREAS, the property owner at 2866 Crownview Drive has submitted an application for Variance No. 394 to allow a ridgeline modification and 16 square foot cupola which would result in increasing the overall downslope height of this existing, non-conforming structure from 35'-3" to 42'-3"; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 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 65952 .5 (e) (Hazardous Waste and Substances Statement) , Staff found no evidence that Variance No. 394 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class I) ; and, WHEREAS, a duly noticed public hearing was held before the Planning Commission at its regular meeting on June 27, 1995, at which time all interested parties were given the 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 there are 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 in that, the topography of the subject lot is such that it is at an elevation which is approximately 31 feet below the level of the street (Crownview Drive) , thereby screening the residence from the street of access; Section 2: That such a Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant since the current structure was built in a non- conforming manner prior to the incorporation of the City, thereby making it difficult to upgrade the exterior features of the property without increasing the degree of non-conformity. Similar properties, with similar land features, in the same zoning district, would have (and have been granted) an equal opportunity to construct features such as the requested gambrel roof and small cupola. !II 4111 Section 3 : That the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, since the aesthetic improvements to the property would improve the aesthetic quality of the residence, and would not impair views from the neighboring properties. Therefore, this project would not adversely impact the public welfare. As these modifications will require Building and Safety Division review to ensure that they meet the most recent standards of the City and Uniform Building Code, the project would also not be injurious to property and improvements in the area in which the property is located. Section 4: That the granting of such a Variance will not be contrary to the policies and objectives of the General Plan since the General Plan goals encourage development within the City that maintains and enhances the visual qualities of existing neighborhoods without creating adverse impacts to the surrounding area. The roof modification and cupola would result in an aesthetic improvement of the property without affecting views from neighboring properties or the public right-of-way, and will not result in the addition of habitable space or enlargement of the existing building footprint. The project does not lie in the Coastal Specific Plan, and therefore that portion of this required finding does not apply. Section 5: The time within which judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094 . 6 of the California Code of Civil Procedure. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, and all other records of the proceedings, the Planning Commission hereby grants Variance No. 394, thereby approving the roof modifications and cupola for the property at 2866 Crownview Drive, subject to the conditions listed in Exhibit "A, " attached hereto and made a part hereof, which are necessary to preserve the public health, safety, and • - . - al welfa e in the area. PASSED, APPROVED, and ' DO-TED ; ' • . • June 1995. Air/ . ;#19,•, _....-./4 -0 AR _441.1.__ ':gen owlds' I, airman AYES : CommissionersF6rrar-o , / 4111111, Wang, Whiteneck, Vice-Chair t Hayes , Chairman Mowlds Bret : . B=rnari , AICP Dire' or of P .nning, Building, NOES : Commissioner Alberio and Code Enf• cement, and ABSTENTIONS : NONE Secretary to the Planning Commission ABSENT : Commissioner Vannorsdall Resolution No. 95- 24 Page 2 of 3 t 411 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 394 1. Modifications to the ridgelines and the addition of the cupola shall substantially conform to the size and elevations shown in the approved plans received by the Planning Division on April 4, 1995. The maximum downslope height of the residence shall not exceed 42'-3" as measured from grade adjacent to the lowest foundation to the highest ridgeline. New ridgeline elevations shall require ridgeline certification. 2 . The applicant shall trim, and maintain therafter, the trees and foliage on the slope between the front property line and driveway to a maximum height of 15 feet above the curbline on Crownview Drive. The initial trimming shall occur prior to submittal of the plans to the Building and Safety Division for plan check. 3 . This approval does not include any additions of habitable space. Any future additions of habitable space, or future ridgeline modifications, shall be subject to the review and approval of the Director of Planning, Building, and Code Enforcement to determine the proper application procedure. DJ39:VAR394.RES Resolution No. 95- 24 Page 3 of 3