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PC RES 1995-026P.C. RESOLUTION NO. 95 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL, THEREBY OVERTURNING THE DIRECTOR'S DENIAL AND APPROVING HEIGHT VARIATION NO. 806 FOR CONSTRUCTION OF A 6,953 SQUARE FOOT (4,110 FOOTPRINT AND 2,824 SECOND FLOOR) NEW TWO STORY RESIDENCE TO A MAXIMUM HEIGHT OF 261- 011 AT 60 AVENIDA CORONA WHEREAS, on July 29, 1994, the applicants, Mr. and Mrs. Mantikas, submitted an application for Height Variation No. 806 to the Department of Planning, Building, and Code Enforcement for a new 6,935 square foot residence (4,110 footprint and a 2,824 second story) to a maximum height of 261- 011, as measured from existing grade adjacent to the structure, for the property located at 60 Avenida Corona; and, WHEREAS, on April 5, 1995, after the applicants re- designed the proposed second floor, the Director of Planning, Building, and Code Enforcement Denied Height Variation No. 806 based on the finding that the project would result in significant and cumulative view impairment and that the residence was not compatible with the surrounding neighborhood character; and, WHEREAS, the applicants, filed a written appeal on April 5, 1995, within fifteen (15) days of the Director's decision; 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), there was no evidence that Height Variation No. 806 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class III); and, WHEREAS, after due notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on May 9, 1995, June 27, 1995, and July 11, 1995, 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 pursuant to Section 17.02.040(C) (1) (d) (i) of the Development Code and the adopted Height Variation Guidelines, the applicant has complied with the provisions requiring early neighborhood consultation, in that they discussed the proposed project and obtained the signatures of 68% of the property owners within a 500 foot radius of the subject property and 70% of the property owners' signatures within a 1001 radius of the subject property. Section 2: That the applicant erected a temporary silhouette framework to represent the outline of the proposed addition; the height and location of which was verified by Staff. Section 3: That the structure would not significantly impair a view or vista from public property (parks, major thoroughfare, bikeway, walkway, equestrian trail) which has been identified in the City's General Plan, Coastal Specific Plan or city approved viewing area, since Avenida Corona and the surrounding area are not identified in the General Plan, or any other official City document, as part of a view corridor and the property is not located in the City's Coastal Zone. Section 4: That the proposed structure is not located on a ridge or promontory, since the subject property is located at the lowest of several graded terraces, which were created to accommodate the subdivision in which the lot is located. Section 5: That the portion of the proposed structure over 16 feet in height, when considered exclusive of foliage, would not significantly impair a view of the San Pedro Harbor from the residences located on La Vista Verde, since the second floor would not cover the entire footprint of the home, and the primary view from the home located on 4 La Vista Verde is oriented toward the north side of the property. Section 6: That cumulative view impairment would not be caused by granting the application since the majority of the residences on La Vista Verde are upslope of the subject property and similar second story additions on Avenida Corona would not result in significant cumulative view impairment from these properties, since the views are oriented toward the north side of the property. P.C. Resolution No. 95 -26 Page 2 of 5 Section 7: That the architectural style of the proposed project, including the facade treatments, structure height, roof design, the apparent bulk and mass of the structure are compatible with the surrounding neighborhood character. The front entry porch and balcony together with the wings of the structure provide building articulation on the front facade thereby reducing the bulky and massive appearance for the structure. Section 8: That the proposed structure would comply with the minimum setback requirements for the RS -2 zoning district and is consistent with the front yard setbacks of the other single family residences in the immediate neighborhood. In addition, the proposed two story residence complies with all other applicable standards of the Development Code. Section 9: The time within which the 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 10: For the foregoing reasons, and based on the information and findings included in the Staff Report, minutes and evidence presented at the public hearing, the Planning Commission of the City of Rancho Palos Verdes hereby Upholds the Appeal of Height Variation No. 806, thereby Overturning the Director's denial and Approving a new two story residence to a maximum height of 261- 011 located at 60 Avenida Corona. PASSED, APPROVED and ADOPTED this 11th day of July 1995 by the following vote: AYES: Commissioners Alberio and Whiteneck, Vice Chair Hayes and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 95 - 26 Page 3 of 5 111 411 EXHIBIT "A" Conditions of Approval for Height Variation No. 806 - Appeal 60 Avenida Corona 1. The second story addition shall not exceed a maximum of twenty six feet (26'-0") in height, as measured from the highest point of existing grade covered by the structure (elevation 289.5' ) to the highest ridgeline of the structure (elevation 315. 0' ) . THE RIDGE HEIGHT IS CRITICAL AND SHALL REQUIRE CERTIFICATION. 2 . A minimum of 60% open space shall be maintained on the lot. 3 . The following minimum setbacks shall be maintained: front setback: a minimum of 23 '-6" for the entry porch and a minimum of 24'- 0" for the garage, rear: 15'- 0" , interior sides: 7'- 0" . Certification is required for the interior side yard setbacks. 4 . The roof eaves shall not project into any required setback area more than 4" per each one foot of required setback. 5. The property owner shall submit a notarized Covenant to Protect Views to the Department of Planning, Building and Code Enforcement, prior to submittal of plans to the Building and Safety Division for plan check. 6. The completed project shall substantially conform to the plans stamped as received by the Planning Division on May 26, 1995, and the north and west elevations as shown on the plans received by the Planning Division on July 5, 1995. 7. 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. P.C. Resolution No. 95 - 26 Page 4 of 5 _ 110 411 , , 8. The construction site shall be kept free of all loose materials resembling trash 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. 9. The mature pine trees located in the front of the property shall be completely removed prior to the issuance of building permits. 10. The allowable grading shall not exceed 20 cubic yards or 3 '- 0" of cut or fill. 11. The garage shall be a minimum depth of 18'- 0" and a minimum width of 20'- 0" and shall not exceed 16'- 0" in height. 12 . The entry porch located on the front facade shall not exceed 15'- 0" in height. 13 . The upper and lower level of the north and south wings on the front facade shall be setback a minimum of 5'-0" from the building line of the front entry of the residence. c: [IK]PCHV806.RES) P.C. Resolution No. 95 - 26 Page 5 of 5