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PC RES 2004-039P.C. RESOLUTION NO. 2004-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS A HEIGHT VARIATION (CASE NO. ZON2004-00270) FOR THE CONSTRUCTION OF 413 SQUARE FEET FIRST STORY ADDITIONS AND A 799 SQUARE FOOT SECOND STORY ADDITION TO AN EXISTING 2,583 SQUARE FOOT RESIDENCE, FOR PROPERTY LOCATED AT 2043 BEECHAM DRIVE. WHEREAS, on May 26, 2004, the applicant submitted Height Variation Case No ZON2004-00270 to the Planning, Building, and Code Enforcement Department for processing, and, WHEREAS, on August 26, 2004, the application was deemed complete by Staff, and, WHEREAS, on August 26, 2004 the required public notices for the September 28, 2004 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a nonce was published in the Peninsula News on August 28, 2004, 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), the Planning Commission found no evidence that the Height Variation (Case No ZON2004-00270) would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures) since the project involves additions to an existing 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 September 28, 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: That the applicant successfully completed the Early Neighborhood Consultation process by obtaining signatures of property owners within 100' and 500' radius during the previous application, and since the application has been reduced, the previous signatures for residents within a 500' and 100' radius (albeit fora slightly different project) would suffice. Section 2: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views. Section 3: The subject lot is not located on a ridge, which is defined as an elongated crest or linear series of crest of hills, bluffs or highlands. In addition, the subject property is not located on a promontory, which is defined as a prominent mass of land that overlooks or projects onto a lowland or body of water on at least two sides Section 4: Based on an analysis of the existing neighborhood, the surrounding residences do not have any views through the proposed addition Views from the viewing areas of the homes on Beecham Drive are currently impaired by the adjoining home, which are at slightly lower elevations, and the view of the Harbor from the viewing area of the homes located at the end of Van Karajan Drive is over the roofs of the homes located on Beecham Drive Therefore, the additions will not significantly impair a view from another parcel's viewing area. Section 5: The proposed project will not create a cumulative view impairment from surrounding properties to that the properties in the immediate vicinity either do not contain any views of the Harbor or he views are not impaired by the homes located on Beecham Drive Section 6: The proposed structure has been designed to minimize the impairment of views from surrounding properties since the proposed structure us proposed to be lower than the existing structure Section 7: The proposed structure complies with the residential development standards for a RS -4 zoning district in terms of open space, height requirements, and setbacks Furthermore, in addition to obtaining Planning approval, building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code Section 8: The proposed protect is compatible with the scale of surrounding residences, although the overall size will be larger than the average in the neighborhood, since the proposed structure has been designed to be compatible with the apparent bulk and mass of the structures in the immediate neighborhood Therefore, the proposed structure will be in keeping with the scale of the surrounding residences. Section 9: The proposed architectural style will be compatible with the proposed architectural style of the immediate neighborhood in that the surrounding homes consist mainly of stucco finish with wood trim, and the roof material is mainly imitation wood shake. The proposed structure is also proposed to be finished with stucco and wood trim with tele roof material, similar materials as the ones found in the neighborhood, therefore the architectural style of the proposed structure will be compatible with the architectural style of the homes found in the immediate neighborhood. P.C. Resolution No. 2004-39 Page 2 of 3 Section 10: The proposed structure will be compatible with the front, sides and rear yard setback of the immediate neighborhood in that the proposed front additions will maintain the "L" shaped footprint design of the residence and not encroach closer to the front property line than the existing residence, and since other properties also contain 5'-0" side yard setbacks and the proposed project will not significantly reduce the rear yard setback. 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 with conditions Height Variation (Case No. 2004-00270) for the construction of 413 square feet of first story additions and a 799 square foot second story addition to an existing 2,583 square foot residence (including a two-car garage). Section 20: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80 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 28, 2004, the date of the Planning Commission's final action. PASSED, APPROVED,AND ADOPTED this 28th day of September 2004, by the following vote: AYES: Karp, Knight, Gerstner, Cote, Mueller, NOES: Tetreault ABSTENTIONS: None ABSENT: None I 02Craig Mueller Chairman Joe -of.s, AICP Dir: tor of Planning, :uilding and Cod. E-forcement; and, Secretary to the Planning Commission P.C. Resolution No. 2004- 39 Page 3 of 3 Exhibit "A" Conditions of Approval Height Variation Case No. ZON2004-00270 1 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 within ninety (90) days of the effective date of approval shall render this approval null and void 2 The approval shall become null and void after one (1) year 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 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 abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void 4 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 5 The project shall substantially conform to the plans stamped approved with the effective date of this approval 6 Permitted hours of construction are 7 00 a m. to 7 00 p m Monday through Saturday No work is permitted on Sundays or legal holidays 7. The construction site and adjacent public and private properties 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 9 No grading is approved or allowed under this permit approval 10. All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance 11.All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 12. Based on a site visit; Staff found that there is no foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, Staff finds that no foliage shall be removed under this application request. 13. Any work or structures proposed within the public right-of-way of Kings Harbor Drive requires the approval of the Public Works Department. 14.At least 50% of the existing interior and exterior walls or existing square footage of the structure shall be retained by the approved project. Otherwise, any nonconformities existing at the time of Planning approval shall be corrected as a part of the project. 15 Approval of Height Variation (Case No. ZON2004-00270) allows for the construction of 413 square feet of first story additions and a 799 square foot second story addition to an existing 2,583 square foot residence (including a two -car garage) PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 16 The proposed structure is proposed at a height of 23.87', as measured from the point where the lowest foundation meets finished grade (104 62'), and 23 17', as measured from the highest grade covered by structure (105.32') to the highest ridge (128 49') The gable roof over the garage is proposed at a height of 11 62', as measured from the point where the lowest foundation meets finished grade (104.62'), and 10.92', as measured from the highest grade covered by structure (105 32') to the top of the ridge (116.24'). The entry way is proposed at a height of 14.78', as measured from the point where the lowest foundation meets finished grade (104.62'), and 14.08', as measured from the highest grade covered by structure (105 32') to the highest ridge (119.4'). However, all the ridges shall be at the height as depicted on the approved plan PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 17. The roof material shall be brown tile. Exhibit "A" — Conditions of Approval HV Case No. ZON2004-00270 Page 2 of 3 18.The proposed new structure approved under this permit shall maintain the following minimum setbacks: Front: 20'-0" (proposed. 20'-3") East Side: 6-0" (proposed. 5'-0") West Side 5-0" (proposed: 102) Rear: 15-0" (proposed 15-3") PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, EAST SIDE AND FRONT SETBACK CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 19. The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as required by the RS -4 Zoning district (proposed 47%). 20.All structures located within the required twenty (20) foot front yard setback area shall not exceed a height of forty-two (42) inches in height 21.The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 22. No improvements shall be permitted on "extreme slopes" (35% or greater). 23.Any outdoor furnishings, accessories or plants located on the proposed roof deck shall not exceed a height of eight (8) feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 24.Any outdoor furnishings, accessories or plants located on the proposed roof deck, which exceed sixteen (16) feet in height shall not significantly impair a view from surrounding properties. Exhibit "A" — Conditions of Approval HV Case No. ZON2004-00270 Page 3 of 3