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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
Adopt Resolution No. 2007-__, approving a revision to Height Variation (Case No. 2004-00087).
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.
Joel Rojas, AICP,
Paul D. Bussey,
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.
PASSED, APPROVED AND ADOPTED this 20th day of February 2007.
STATE OF CALIFORNIA )
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.
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.