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PC RES 1997-049 P.C. RESOLUTION NO. 97-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 843, THEREBY APPROVING A 956 SQUARE FOOT, SECOND-STORY ADDITION ABOVE A NEW GARAGE WHICH HAS BEEN EXPANDED BY 356 SQUARE FEET AS COMPARED TO THE EXISTING 617 SQUARE FOOT GARAGE WITH A MAXIMUM DOWNSLOPE HEIGHT OF 20'8" TO AN EXISTING ONE-STORY, SINGLE- FAMILY RESIDENCE, LOCATED AT 28973 PALOS VERDES DRIVE EAST WHEREAS, on July 10, 1997, the applicant, Mr. David DeLangis, submitted an application for Height Variation No. 843 to allow a 956 square foot, second-story addition above a new garage which has been expanded by 356 square feet as compared to the existing 617 square foot garage, with a maximum downslope height of 20'8" to an existing one-story, single-family residence, located at 28973 Palos Verdes Drive East; 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 Regulation, 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 Height Variation No. 843 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301(e)(1)); 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 23, 1997, 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: The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining acknowledgement signatures from 29% of the property owners within 500' and 83% of the property owners within 100' of the subject property, who have reviewed the plans. Section 2: The structure does not significantly impair a view from public property which has been identified in the City's General plan or Coastal Specific Plan as City- designated viewing areas because there are no City-designated public viewing areas 0 111 along this section of Palos Verdes Drive East; and the subject property is not located within the Coastal Specific Plan area. Section 3: The proposed structure is not located on a ridge or promontory because the property is along a section of Palos Verdes Drive East where the homes are constructed up the hillside towards the City of Rolling Hills, and there are no canyons located adjacent to this neighborhood and the property is not situated along the coastal bluffs. Section 4: The proposed second-story addition, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel, because the views at 28971 and 28989 Palos Verdes Drive East are east towards San Pedro Harbor, which is not in the direction of the project site. Further, a protected view from 29875 Palos Verdes Drive East, over the subject property, will be insignificantly impaired by the portion of new ridgeline at the lower elevation of the view towards San Pedro Harbor. Lastly, there is a potential 90 degree protected view, exclusive of existing foliage, from 28969 Palos Verdes Drive East towards San Pedro Harbor. A portion of the that potential 90 degree view, the southern-most edge, will be insignificantly impaired by the proposed project. Therefore, the proposed project, exclusive of existing foliage, will not significantly impair a view from the viewing area of another parcel. Section 5: There is no significant cumulative view impairment caused by granting the application because the residences located on the east-side of Palos Verdes Drive East are located sufficiently downslope that second-story additions would not be visible from the residences located upslope. Further, the residence at 28989 Palos Verdes Drive East could construct an addition, similar to the proposed project, within the allowable building height established under the Development Code, which would not impact a protected view. Lastly, the residence at 28971 Palos Verdes Drive East is closely configured to the subject property's topography and location of the existing residence, that a similar addition would result in an insignificant impairment of a portion of the view from 28975 Palos Verdes Drive East. Section 6: Since the proposed second-story addition will create a new ridgeline that matches the existing ridgeline at the west-side of the residence and no significant view impairment was determined at the surrounding residences, the design and location of the structure will not result in view impairment. Section 7: The proposed structure complies with all other Code requirements because the minimum building setbacks from property lines, amount of required open space, and the minimum interior dimension for the required enclosed parking facility will all be maintained. P.C. Resolution No. 97-49 Page 2 of 4 • Section 8: The proposed structure is compatible with the immediate neighborhood character because the total project bulk and mass is average in size, compared with the surrounding residences, the architectural style will maintain the mixture of designs in the surrounding neighborhood, and the proposed structure will not result in a significant change to the required 20'0"front yard setback, which does not face in the direction of the street or private driveway. Section 9: The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences, because the proposed project second- story addition will be constructed at the east-side of the residence, adjacent to Palos Verdes Drive East. Further, there is approximately 65'from the nearest residence at 28971 Palos Verdes Drive East to prevent unreasonable infringement of privacy. Section 10: A Foliage Analysis was conducted by Staff in conjunction with the Height Variation No. 843 application. Staff determined that protected views at 28969 and 28975 Palos Verdes Drive east are significantly impaired by Eucalyptus Trees, Pine Trees and large shrubs on the subject property. As a condition of approval for this Height Variation application, the applicant shall be required to restore the protected views at the neighboring properties, as documented in the Staff Report and file photographs, in the manner described in Exhibit "A", Conditions of Approval attached to, and made a part of, this Resolution. Section 11: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.02.040(C)(1)(j) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following September 23, 1997, the date of the Planning Commission's final action. Section 12: 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 approves Height Variation No. 843, thereby approving a 956 square foot, second-story addition above a new garage which has been expanded by 356 square feet as compared to the existing 617 square foot garage, with a maximum downslope height of 20'8" to an existing one-story, single-family residence, located at 28973 Palos Verdes Drive East, 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. P.C. Resolution No. 97-49 Page 3 of 4 0 PASSED, APPROVED, AND ADOPTED this 23 rd day of September 1997, by the following vote: AYES: Al beri o, Cartwright, Clark, Ng, Slayden, Whiteneck, Vannorsdall NOES: ABSTENTIONS: ABSENT: Donald E: an rsdall Chairman Carolynn etre, AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 97-49 Page 40f 4 411 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR HEIGHT VARIATION NO. 843 (28973 PALOS VERDES DRIVE EAST) 1. Within ninety (90) days following approval of Height Variation No. 843, 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. Failure to provide said written statement shall render this approval null and void. 2. This approval is for a 956 square foot, second-story addition above a new garage which has been expanded by 356 square foot as compared with the existing 617 square foot garage, with a maximum downslope height of 20'8" to an existing one- story, single-family residence, located at 28973 Palos Verdes Drive East . The maximum ridgeline elevation of the addition shall be 20'8", as measured from a reference elevation of 0.00' at the east-side of the residence (new garage location). 3. The applicant shall provide to the Building and Safety Division certification that the maximum ridge height does not exceed 20'8". 4. No increase to the existing building footprint is approved as part of this Height Variation approval. Therefore the following minimum setbacks shall be maintained: Front yard setback: 21.5' (proposed) Rear yard setback: 24.0' (existing) Side yard setback: 19.0' (existing) 5. The new garage shall maintain an interior ground space of no less than 18'0" in width by 20'0"in depth, unobstructed for the parking and storage of vehicles. 6. No grading, except for the foundation of the expanded garage, is approved as part of this Height Variation approval. 7. A minimum of 60% open space shall be maintained on the property (proposed: 67%). 8. The maximum eave projection allowed into the required setback areas shall not exceed 6 inches for each 1 foot of required setback. P.C. Resolution No. 97-49 Page 1 of 3 9. Based on a foliage analysis conducted during the review of Height Variation No. 843, the following vegetation is significantly impairing a protected view from adjacent residences: a. 28969 Palos Verdes Drive East - This residence has a window and sliding glass door in a den/recreation room with a far view of San Pedro Harbor that is impaired by the lower branches of all the Eucalyptus Trees located in the northeast corner of the subject property, adjacent to Palos Verdes Drive East. b. 28975 Palos Verdes Drive East - This residence has living room windows and an outdoor patio (same-line-of-sight) with a far view of San Pedro Harbor that is impaired by 1) the top of shrubs and the lower branches of three Pine Trees, located along the rear property line of the subject property and 2) the lower branches of all the Eucalyptus Trees located in the northeast corner of the subject property, adjacent to Palos Verdes Drive East. By restoring the projected view at 28975 Palos Verdes Drive East, the protected view from 28969 Palos Verdes Drive East will also be restored. Therefore, prior to submitted the project into Building & Safety Plan Check, the applicant shall restore the protected views from the adjacent residences by taking the following actions: a. The large shrubs along the rear property line shall be trimmed at the top of the shrubs, so as to not extend above the existing ridgeline of the residence on the west end of the residence; and b. The three Pine Trees, located near the north property line and adjacent to the private access road (northwest corner of property), shall be trimmed of all lower branches back to the trunk, measured from the height of the existing ridgeline (12'6") up to 16'0" in order to open up the view under the Pine Tree; and Exhibit A P.C. Resolution No. 97-49 Page 2 of 3 0 0 c. Using the established elevation benchmark of 0'0", which is the existing grade for the proposed new garage and second-story addition (east wall of the proposed project) the following trimming will be required for the Eucalyptus Trees located in the northeast corner of the property, adjacent to Palos Verdes Drive East: > Measuring from the existing grade up 8'0", the existing Oleander shrubs and lower branches of the Eucalyptus Trees shall remain on the site to maintain adequate privacy and screening of the subject residence from Palos Verdes Drive East; and Measuring from 8'0" (top of the Oleander shrubs and lower branches of the Eucalyptus Trees) to a maximum trim line of 32'0", measured from existing grade, all the branches back to the tree trunks shall be trimmed, while the crowns of the trees shall remain. 10. In the event that a Planning requirement and Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 11. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the revised plans prepared by D. DeLangis and titled "De Langis Residence", which were submitted to the City on September 15, 1997. 12. The hours of construction shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 13. 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 is not 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. M:\USERS\D A V E W\W P W I N 60\H V\H V843\H V843.R E S Exhibit A P.C. Resolution No. 97-49 Page 3 of 3