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PC RES 1999-016P.C. RESOLUTION NO. 99-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 877, THEREBY ALLOWING A 432 SQUARE FOOT SECOND STORY ADDITION ABOVE AN EXISTING 480 SQUARE FOOT GARAGE AT A MAXIMUM HEIGHT OF 16'-8" AS MEASURED FROM ADJACENT GRADE TO TOP OF RIDGE, FOR AN EXISTING RESIDENCE LOCATED AT 5 CINNAMON LANE. WHEREAS, on December 14, 1998, the Director of Planning, Building and Code Enforcement approved Landslide Moratorium Exception Permit No 25 (LME No 25) for a room addition over the existing garage, thereby allowing the applicant to submit the required height variation application for consideration, review and analysis of the second story addition, and, WHEREAS, on February 1, 1999, the applicant and landowner, James Knight submitted Height Variation No 877, requesting approval for the construction of a 432 square foot second story addition over the existing garage to cover 92% of the garage footprint, at a height of 16-0" as measured from adjacent grade to the top of ridge, for property located at 5 Cinnamon Lane, and, WHEREAS, on February 26, 1999, Staff deemed the application incomplete to allow the applicant to redesign the proposed second story addition, since the request did not comply with the minimum requirements of the Uniform Building Code, and, WHEREAS, on March 24, 1999, the applicant resubmitted Height Variation No 877, requesting approval for a second story addition over the existing garage at a height of 16'- 8" as measured from adjacent grade to the top of ridge, and, WHEREAS, on March 29, 1999, after review of the modified plans and verification of the temporary frame silhouette, Height Variation No 877 was deemed complete by Staff; 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 877 would have a significant effect on the environment and, therefore, the proposed project was found to be categorically exempt (Section 15301), 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 May 11, 1999, at which time all interested parties were given an opportunity to be heard and present evidence i i- i i i ! 'l ! -• •f ii W3 Wd a I Z I i iIIIIIII ' ii i Section 1: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 27 9% of the property owners within 500 feet of the subject property, and 70% of the owners within 100 feet of the subject property who have reviewed the plans. Section 2: The proposed addition does not significantly impair a view from public property that 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 with varying pad elevations Further, the property is not located 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 it was determined that the only residence, located at 9 Cinnamon Lane, that could be impacted by the proposed second story addition at 5 Cinnamon Lane does not maintain a protected view as defined by the Development Code since the view is over and through the building envelope of a potentially developable parcel Further, the views from the vacant developable parcel will not be impaired by the proposed second -story addition Section 5: There is no significant cumulative view impairment caused by granting the application since it was determined that the residence located at 9 Cinnamon Lane does not maintain a protected view Section 6: There are no protected views from the surrounding properties that will be significantly impaired by the proposed project, and the design of the proposed second story expansion will contain a flat roof and be situated above the existing garage, which will be approximately one foot higher than the existing residence. Section 7: The proposed addition complies with all other Code requirements since the addition will not result in a structure size that exceeds the maximum allowable structure size Further, the existing from, rear and side yard setbacks, and open space will not be modified and will continue to meet or exceed the minimum requirements of the P C Resolution No 99 - 16 Page 2 of 4 Development Code Additionally, the proposed addition is subject to, and must comply with, the standards contained within the Uniform Building Code Section 8: The proposed second -story addition is compatible with the immediate neighborhood character, and the bulk and mass is mitigated since the second story will be over the existing garage located at the rear of the property, sufficiently setback from the street. Further, since the pad is at a higher elevation than the street, the second story addition will not be readily visible from the street In addition, the second story addition will contain similar finish materials, consistent with the existing residence and the immediate neighborhood Section 9: The proposed addition will not infringe on the privacy of abutting residences since the proposal incorporates translucent/frosted window treatment for the windows on the east fagade of the second story addition Section 10: 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.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 the date of the Planning Commission's final action. Section 11: 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 877, thereby approving a 432 square foot second story addition over the existing garage to cover 92% of the garage footprint, at a maximum height of 16'-8" as measured from adjacent grade to top of ridge, for property located at 5 Cinnamon Lane, 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 99 - 16 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 11th day of May 1999, by the following vote: AYES Alberio, Cartwright, Lyon, Paris, Slayden NOES None ABSTENTIONS. None ABSENT Clark, Vannorsdall Joel qpjas, Aicn Dire or of Plannin , B ilding and jaode Enforcement, nd, Secretary to the Planning Commission Jbn Cartwright Planning Commission Chairman P C Resolution No 99 - 16 Page 4 of 4 EXHIBIT fW CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 877 Prior to the submittal of plans into Building and Safety plan check, the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2. The second story addition over the existing two -car garage is limited to an overall height of sixteen -feet eight -inches (16-8") as measured from adjacent grade to ridge Height shall be measured from the middle of the existing garage, along the rear fagade. RIDGE HEIGHT CERTIFICATION REQUIRED. 3 The minimum setback for the proposed addition shall conform to the approved plans, but in no case shall be less than Front yard. 20'-0" minimum (no change) Side yard- 5'-0" minimum (no change to existing 24'-0") Rear yard. 15'-0" minimum (no change to existing 21'-0") 4. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or to any of the conditions of approval if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions 5 The second story windows on the east facade (in the direction of 7 Cinnamon Lane) shall contain a frosted/translucent window treatment 6. If the project has not been established (i e, building permits obtained) within one year of Planning Commission approval, or if construction has not been completed within one hundred eighty (180) days of the issuance of building permits, approval of Height Variation No. 877 shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. Otherwise, a new height variation request must be approved prior to further development 7 No grading is approved in conjunction with the construction of this project 8. A minimum 75% open space shall be maintained on the property, as the property is located within the RS -1 district 9 In the event that a Planning requirement and a Building and Safety requirement are in conflict with one another, the stricter shall apply 10 The project shall be constructed in substantial conformance with the approved plans stamped and submitted to the Planning Department by the applicant and/or owner 11 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 legal holidays 12 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 not be 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 13 The appearance and color of the exterior stucco and finish materials for the proposed addition shall be compatible with the existing structure, as determined by the Director of Planning, Building and Code Enforcement. 14 The applicant shall maintain the existing two -car garage with a minimum, unobstructed, interior dimension of 18'-0" (width) by 20'-0" (depth), and a minimum unobstructed vertical clearance of 7 -feet. 15 The office area of the second story addition shall be setback a minimum of 4 -feet from the rear facade of the garage 16 All conditions of approval associated with the approval of Landslide Moratorium Exception Permit No 25 shall remain in full force and effect. P.C. Resolution No. 99 -16 Exhibit "A" Page 2of2