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PC RES 2005-021 P.C. RESOLUTION NO. 2005-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO POS VS APPROVING A REVISION TO THE CONDITIONS OF APPROVAL FOR A HEIGHT VARIATION (CASE NO. ZON2005-00108), FOR PROPERTY LOCATED AT 5416 LITTLEBOW. WHEREAS, on August 24, 2004, the Planning Commission adopted P.C. Resolution No. 2004-34, thereby approving a Height Variation and Minor Exception Permit (Case No. ZON2004-00164) for property located at 5416 Littlebow. The Height Variation allows the property owner to construct a 1,587 square foot two-story addition to the existing residence; and, WHEREAS, on March 8, 2005, the applicant submitted an application requesting to revise the conditions of approval for the Height Variation. The request is to allow a translucent window, in lieu of the required clerestory window, on the south side of the bedroom on the southeast corner of the second story; and, WHEREAS, the revision to the Height Variation application was deemed complete by staff on March 9, 2005; 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 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 revision to the Height Variation will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearing on April 26, 2005, at which time all interested parties were given opportunities to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section I p That the approved revision allows the window on the south wall of the bedroom on the southeast corner of the second floor to be translucent glass, instead of the clerestory window. Section 2: The revision to the Height Variation is consistent with the provisions of P.C. Resolution No. 2004-34 and all of the findings contained therein. The Planning Commission further finds that the approved revision does not alter those findings since P.C. Resolution No. 2005-21 Page 1 of 3 it does not alter the height, size, appearance from the street, and since the translucent glass will achieve the same mitigation of privacy impacts as the clerestory window. Section 3: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.76.040(H) and 17.80.070 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 May 11, 2005. Section 4. 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 the revision to the conditions of approval of a Height Variation to allow the window on the south wall of the bedroom on the southeast corner of the second floor to be translucent glass, instead of the clerestory window (Case No. ZON2005-00108); subject to the conditions contained in ExhibitA', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED AND ADOPTED this 26th day of April 2005, by the following vote: AYES: GERSTNER, GOLIDA, KNIGHT, TETREAULT NOES: NONE ABSTENTIONS: NONE ABSENT: KARP, MUELLER, PERESTAM Paul Tetreault, Chairman dnPlajas, AICD Di cof nnit(0 kgulu ild ing and Code Enforcement; and, SA&ry to the Planning Commission P.C. Resolution No. 2005-21 Page 2 of 3 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2005-21) Height ariation (Case No. Z 200 -001 ) 1. Approval of this revision to Height Variation (Case No. ZON2004-00164) shall not be construed to mean any waiver of applicable and appropriate 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. Furthermore, unless modified herein, all conditions of approval set forth in P.C. esolution No. 2004-34 shall be complied with at all times. 2. Condition of Approval No. 15 of P.C. Resolution No. 2004-34 is hereby modified to allow the window on the south wall of the bedroom on the southeast corner of the second floor to be translucent glass, instead of the clerestory window. P.C. Resolution No. 2005-21 Page 3of3