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PC RES 1998-001P.C. RESOLUTION NO. 98-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 851, THEREBY ALLOWING A 457 SQUARE FOOT, SECOND -STORY ADDITION ABOVE AN EXISTING 472 SQUARE FOOT GARAGE WITH A MAXIMUM HEIGHT OF TWENTY-TWO FEET SEVEN INCHES (227"),TO AN EXISTING 2,102 SQUARE FOOT, TWO-STORY RESIDENCE, LOCATED AT 1541 TOSCANINI DRIVE. WHEREAS, on October 30, 1997, the applicant, Mr & Mrs Gary Miley, submitted an application for Height Variation No 851 to construct a second -story addition of 457 square foot above the existing 472 square foot two -car garage with a proposed height of twenty-two feet seven inches (227"), on an existing 2,102 square foot, two-story residence, located at 1541 Toscanmi Drive, 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 851 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 January 13, 1998, 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 36% of the property owners within 500' of the subject property, and 83% of the owners within 100' of the project site who have reviewed the plans Section 2: The proposed addition 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 since there are no City -designated public viewing areas located in this subdivision, 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 since the property is located within a tract development adjacent to Eastview Park, where the lots are relatively flat. Also, 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, since majority of the homes within the tract are one-story homes and each house has a significant change in elevation to prevent the downslope residence and ridgeline from impairing the upslope residence's unprotected view Also, the residences on Toscanini Drive do not enjoy a view and applicant's property is an existing two-story house 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 since no protected views are impacted by the proposed addition Section 6: Since no protected views from the surrounding properties would be significantly impacted by the proposed protect, and the design of the proposed addition will be situated above the existing garage as if the addition was originally constructed at that size, without exceeding the existing ridgeline of the second -story portion of the residence, the project is designed and situated in such a way to minimize view impairment Section 7: The proposed structure complies with all other Code requirements because no additional building footprint shall be created, thereby maintaining the existing minimum building setbacks from the property lines and the amount of required open space The new raised 19'0" dormer will not project above the existing or proposed ridgeline, complying with the Development Code's residential building height regulations Section 8: The proposed structure is compatible with the immediate neighborhood character since the total project bulk and mass is comparable with the surrounding residence sizes several of which have similar additions The proposed addition will only be located above the existing two -car garage, which will not result in a change to the existing 21'5" front yard setback, and the proposed size of the residence is consistent with surrounding home sizes Section 9: The proposed addition will not infringe on the privacy of the occupants of abutting residences, since both residences are one-story and the view from the proposed addition will overlook the neighbor's roof, there is no visibility into windows on neighboring properties, and no direct views of private outdoor gathering areas will be gained from the proposed addition Therefore, the proposed addition will not create unreasonable infringement of interior or outdoor privacy on any abutting properties P C. Resolution No 98-1 Page 2 of 4 Section 10: A Foliage Analysis was conducted by Staff in conjunction with the Height Variation No 851 application and no foliage on the protect site was determined to significantly impair a protected view from a surrounding residence, therefore no foliage removal is required Section 11: Any interested person may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17.02 040 (C)(1 ){t} 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 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 851, thereby approving a 457 square foot, second -story addition above the existing two - car garage, with a proposed height of 227", to an existing 2,102 square foot, two-story residence, located at 1541 Toscanini Drive, 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. 98-1 Page 3 of 4 0 0 PASSED, APPROVED, AND ADOPTED this 13th day of January 1998, by the following vote: AYES: Commissioners Alberio, Cartwright, Clark, Ng, Slayden, Vice Chairman Whiteneck, and Chairman Vannorsdall. NOES: ABSTENTIONS: ABSENT: Joel Rod s, AMP ,Interim ,,D erector of Plan n uilding A - ode Enforcement, and, Secretary to the Planning Commission Donald E Vannorsdall Chairman P.C. Resolution No 98-1 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR HEIGHT VARIATION NO. 851 (1541 TOSCANINI DRIVE) Within ninety (90) days following approval of Height Variation No 851, the applicant shall submit a statement in writing, that they have read, understand and agree to all the conditions of approval listed below. Failure to provide said written statement shall render this approval null and void 2 The approval shall be null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code This approval shall also become null and void if after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions 4 The abandonment or non-use of this approval after a period of six months shall terminate the approval and any privileges granted hereunder shall become null and void 5 The proposed addition shall not exceed 457 square feet and twenty two feet seven inches (227") in height from lowest existing grade to the proposed ridgelme. Also, the proposed raised dormer shall not exceed twenty feet four inches (20'4") in height 6 No increase to the existing building footprint is approved as part of this Height Variation approval. Therefore, the minimum setbacks for the addition shall conform to the approved plans, but in no case shall be less than Front - 20' Side: 5' interior Rear 15' 7 The applicant shall provide to the Building and Safety Division certification the proposed ndgeline does not exceed twenty-two feet seven inches (227") from the lowest existing grade to the proposed ridgeline RIDGE HEIGHT CERTIFICATION REQUIRED. P.C. Resolution No 98-1 Exhibit "A" Page 1 of 2 8 No grading has been approved in conjunction with the construction of this project 9. A minimum of 50% open space shall be maintained on the property (proposed 61%) 10 In the event that a Planning requirement and Building and Safety requirement are in conflict with one another, the stricter standard shall apply 11 The protect shall be in substantial conformance with the plans stamped and submitted to the Department of Planning, Building and Code Enforcement on November 20, 1997 12 The hours of construction shall be limited to 7 00 a m to 7 00 p m , 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 materials 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 14 The appearance and color of the stucco, and the color of the vinyl siding for the proposed addition shall be compatible with the existing structure, as determined by the Director of Planning, Building and Code Enforcement. 15. The applicant shall maintain a minimum, unobstructed, interior dimension of 18'0" (width) by 20' (depth) for the parking and storage of automobiles within the existing garage on the subject property P C Resolution No 98-1 Exhibit ""A" Page 2 of 2