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PC RES 2004-009A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING WITHOUT PREJUDICE CASE NO. ZON2003-00599, A HEIGHT VARIATION FOR A NEW SECOND STORY ADDITION TO AN EXISTING ONE-STORY RESIDENCE LOCATED AT 2027 DELASONDE DRIVE. WHEREAS, on November 4, 2003, the applicant, Mark Dibacco, representing property owners Vijay and Ramay Aggarwal, submitted a Height Variation (hereinafter referred to as ZON2003-00599), requesting approval for a new second story addition over the existing one-story residence up to an overall height of 26 -feet, for property located at 2027 Delasonde Drive; and, WHEREAS, on December 1, 2003, the application was deemed incomplete pending the submittal of additional information, and construction and certification of the required temporary silhouette; and, WHEREAS, on January 21, 2004, upon submittal of the required information, including the construction and certification of the temporary silhouette, Staff deemed the application generally complete for processing, 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 ZON2003-00599 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301) since the project involves the construction of additions to an existing single-family residential structure; 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 February 24, 2004, 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 Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 71.4% of the property owners within 100 -feet of the subject property and 28.4% of the property owners within 500 -feet of the subject property, who have reviewed the plans. Section 2: The proposed second story addition and roofline modifications do not significantly impair a view from public property which have been identified in the City's General Plan or Coastal Specific Plan as a City -designated viewing area because there are no such areas that overlook the subject property. Section 3: The property is not located on a ridge and promontory as there are other parcels with varying pad elevations, the subject parcel is not located on a hilltop or elongated crest, and it is not located on a mass of land which overlooks or projects onto a lowland. Section 4: The project has not been designed in such a manner as to minimize impairment of a view, since the design of the proposed project results in the second story addition projecting up into the view of the Vincent Thomas Bridge and the Los Angeles Harbor, as viewed from the viewing area at 28032 Calzada Drive. Section 5: There is significant cumulative view impairment caused by granting the application. Due to the development and topography of the area, the view from the viewing area at 28032 Calzada Drive contains a view of the southeastern Los Angeles basin and the Los Angles Harbor area, and Vincent Thomas Bridge directly over the existing one story residence on the subject property and over the neighboring one-story residence at 2031 Delasonde Drive, which is currently below the viewshed. Thus, if the neighboring property at 2031 Delasonde Drive were to also propose a new second story up to 26 -feet in height, it would significantly impair the view of the Los Angeles Harbor, thereby contribute towards significant cumulative view impairment. Section 6: The proposed second story addition, when considered exclusive of foliage, will significantly impair a view from the viewing area of 28032 Calzada Drive since the second story addition will project into the view of the Vincent Thomas Bridge Section 7: The proposed second story addition complies with all other Code requirements in that all the development standards of the RS -4 district are met and the minimum setback and lot coverage requirements are met. Section 8: The proposed addition is not compatible with the immediate neighborhood character Although the addition will blend with the existing residence, and will provide features, such as roof materials and roof type that are found in the neighborhood, the addition will result in a bulky and massive structure as viewed from other properties and from along Montereina Drive since the addition will not be articulated along the eastern side and since the addition is concentrated to the eastern side of the residence. Section 9: The proposed second story addition will create an unreasonable infringement on the privacy of the occupants of the abutting residences to the east, located at 28209 and 28203 Montereina Drive. This direct observation will be a new intrusion upon these abutting properties that does not currently exist. Section 10: Although modified by Ordinance No. 400-U, an urgency ordinance adopted by the City Council on February 17, 2004, the portions of the additions that are less than 16 -feet in height will not project up into the view from the viewing area at 28032 Calzada Drive, while the second story addition that is above 16 -feet will result in significant Elm view impairment Further, the proposed addition is designed and situated in such a manner that results in significant view impairment 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.I.i 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 denies Case No. ZON2003-00599, a Height Variation far' a new second story addition. PASSED, APPROVED, AND ADOPTED this 24th day of February 2004, by the following vote, AYES. cote, Gerstner,,Karp, Knight, Mueller, Tetreault, Van Wagner NOES: None ABSTENTIONS None ABSENT: None Uire t,o­r-JPi ni , Building and Enfo PI and, Secretary to the Planning Commission Craig Mueller Chairman P.C. Resolution No 2004- 09 Pagj-3-