TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: FEBRUARY 20, 2007

SUBJECT: REVISION TO PLANNING CASE NO. ZON2004-00087 (HEIGHT VARIATION) at 28129 Ella Road

Staff Coordinator: So Kim, Assistant Planner
Attachments:- Resolution 2007

RECOMMENDATION

Adopt Resolution No. 2007-__, approving a revision to Height Variation (Case No. 2004-00087).

DISCUSSION

On February 6, 2007, after conducting a duly noticed public hearing and considering all oral and written testimony, the City Council unanimously approved a revision to a previously approved Height Variation (Case No. 2004-00087) to allow a 15 square foot habitable space to the first floor, 23 square foot extension to the second floor, and a change to the overall architectural design of the existing residence. In order to memorialize the Council’s action, staff has attached Resolution No. 2007-__ for City Council adoption.

Respectfully submitted:

Joel Rojas, AICP,
Director of Planning, Building
and Code Enforcement

Reviewed by:

Paul D. Bussey,
Interim City Manager

Attachments:

- Resolution 2007-__

RESOLUTION NO. 2007-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE REVISION TO A HEIGHT VARIATION (CASE NO. ZON2004-00087), WHICH ALLOWS A 1,246 SQUARE FOOT 2-STORY ADDITION TO AN EXISTING 2,282 SQUARE FOOT 1-STORY RESIDENCE.

WHEREAS, on July 13, 2004, Height Variation Case No. ZON2004-00087 to allow the construction of a 1,246 square foot addition to the existing 2,282 square foot existing residence was presented to the Planning Commission with staff’s recommendation of denial due to both significant view and cumulative view impairment;

WHEREAS, after several continued meetings, on October 26, 2004 the Planning Commission adopted P.C. Resolution No. 2004-44 denying, without prejudice, the project based on cumulative view impact;

WHEREAS, the applicant filed a timely appeal and it was presented to the City Council on March 1, 2005;

WHEREAS, after several continued meetings, on August 2, 2005 the City Council determined that all Height Variation findings have been met and adopted Resolution No. 2005-81, overturning the Planning Commission’s decision, thereby approving the Height Variation;

WHEREAS, on November 13, 2006 the Building and Safety Division issued a Building Permit for the City Council approved Height Variation;

WHEREAS, on December 5, 2006, the property owner submitted revised plans to the Planning Department for review;

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 Regulations, 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 the Height Variation revision 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);

WHEREAS, on February 6, 2007, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider the revision to a Height Variation, at which time all interested parties were given an opportunity to be heard and present evidence; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1: That the proposed revision includes adding 15 square feet habitable space to the first floor, a 23 square feet extension to the second floor by means of a rotunda feature that is open to the first floor, changing the roof material and changing the garage roof design. The rotunda feature will not project more than 3’-8” from the front of the residence. Because this is such a minor change to the front façade, it does not increase the bulk and mass of the structure, which remains compatible with other homes in the immediate neighborhood.
Section 2: That the revision to the Height Variation is warranted, since the resulting structure would be compatible with the immediate neighborhood character. The revised plans include an extension of the second floor by means of a rotunda feature along with a roof material change from dimensional shingle to mission tile on the entire residence. There are two residences within the surrounding neighborhood (20-closest homes) that have red clay tile roofing material and the rotunda feature is an attractive design element. The combination of a rotunda feature and mission tile roof suggests a Spanish style residence. There is not a predominate architectural style that exist in the neighborhood which was the finding the City Council already made, but there are homes with evidence of Spanish style.
Furthermore, the roof design of the garage in the front of the residence is proposed to be changed from hip to gable. The combination of a new rotunda feature on the second floor of the front façade and the change of the garage roof design does not make the residence significantly more prominent from Ella Road. Moreover, the proposed change is consistent with the original design’s intent of minimizing the apparent bulk and mass. With the revised changes, the size of the residence remains compatible with the immediate neighborhood. Therefore, the proposed changes achieve neighborhood compatibly in regards to architectural style, materials, size, as well as bulk and mass.
Section 3: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
Section 4: For the forgoing reasons, and based on information and findings contained in the public record, including the staff reports, minutes, records of proceedings, and evidence presented at the public hearing, the City Council of the City of Rancho Palos Verdes hereby approves the revision to the Height Variation Case No. ZON2004-00087, subject to the revised conditions of approval that are attached hereto in Exhibit ‘A,’ which are incorporated herein by this reference, and are necessary to protect the public health, safety and welfare in the area.

PASSED, APPROVED AND ADOPTED this 20th day of February 2007.

Mayor

Attest:

 

City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2007- was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 20, 2007.

 

City Clerk

 

 

Exhibit “A”
Conditions of Approval
Revision to Height Variation
(Case No. ZON2004-00087)

General

1. Approval of this revision shall not be construed to mean any waiver of any applicable zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
2. The approval shall become 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 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 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to “plan check” or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void.
4. The structure shall be built in substantial compliance with the plans that were approved by the City Council on February 6, 2007. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions

5. 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. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above.

6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department.

7. The construction site, 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 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.

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. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division.

Site Plan Review

10. The approval of the proposed revision to the Height Variation includes adding 15 square feet habitable space to the first floor, a 23 square feet extension to the second floor by means of a rotunda feature that is open to the first floor, changing the roof material from composite shingle to mission tile, and changing the garage roof design from side gable to front gable. The rotunda feature will not project more than 3’-8” from the front of the residence.

11. The proposed residence shall not exceed a height of 21’ as measured from the lowest grade adjacent to the building foundation/slab (102.5’) to the highest ridgeline of the residence (123.5’), and 20.23’, as measured from the highest elevation of existing building pad covered by structure (103.27’) to the highest ridgeline of the residence. Building height certification is required. A licensed Civil Engineer or Surveyor shall prepare the certification. Certification shall be submitted to the City’s Building Official for review and approval prior to roof framing/sheeting inspection.

12. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20’ front (proposed: 36,’ existing: 14’-3”), 15’ rear (proposed: 107’), and 5’ sides (proposed north side: 5’-3,” proposed south side: 5’-4”).

13. The approved project shall maintain a maximum 22% lot coverage, but in no case shall exceed 50% maximum lot coverage.

14. In order to protect the privacy of 28123 Ella Road, the window on the north façade of the northern most bedroom on the second floor shall either be removed, be a clerestory window, or consist of translucent glass. Prior to the issuance of building permits, the plans shall be modified to reflect the changes to meet this condition of approval.

15. Based on a foliage analysis conducted by staff on April 20, 2004, it is found that the two pine trees on the west side of the residence significantly impair the view from the property located at 28327 Lomo Drive. As such, these two pine trees shall either be removed or trimmed so they are no taller than the existing ridgeline of the residence. The trees shall be removed or trimmed prior to the issuance of building permits.