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PC RES 2006-024 P.C. RESOLUTION NO. -24 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHOPALOS VERDES APPROVING, IT CONDITIONS, EI HT VARIATION (CASE ® Z 05- 0 3 ), FOR PROPERTY LOCATED AT 30612 VIA RIVERA. WHEREAS, on December 9, 2005, the Applicant submitted a Height Variation application requesting to construct a 548 square foot addition to an existing 3,402 square-foot single-family residence. On January 6, 2006, staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. On February 22, 2006, the Applicant submitted the remaining information to staff that was needed to complete the application; and, WHEREAS, the Height Variation application was deemed complete by staff on March 2, 2006; and, WHEREAS, The property owner agreed to grant a one-time 90-day extension to the action deadline from May 2, 2005 to August 2, 2006; 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 Height Variation would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 8, 2006 at which time all interested parties were given opportunities to be heard and present evidence; and, WHEREAS, the Planning Commission held a duly noticed public hearing on May 9, 2006, 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 HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the approved project includes the construction of a 548 square foot addition to an existing 3,402 square-foot single family residence (with garage). Section 2. The Height Variation is warranted since the Applicant has complied with the early neighborhood consultation process established by the City by obtaining P.C. Resolution No. 2006-24 Page 1 of 5 signatures from 100 percent of the landowners within 100 feet and 25 percent of the total number of landowners within 500 feet. Section 3: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. Due to the location of the site and the topography in the area, the proposed structure is not visible from a public viewing area or viewing site, as defined by the General Plan. Section 4: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the Municipal Code. Section 6: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height, as defined in Section 17.02.040(5) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. As a flag lot, the subject property is recessed behind the properties fronting Via Rivera, thus, the proposed project is not located between nearby/adjacent properties and protected views. Furthermore, the properties located on Calle de Sueno have a sufficient elevation difference, such that the proposed project does not encroach into their view frame. Section 6: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height, does not create a view impairment from the viewing area of another parcel. Section 7. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Since the project does not create a view impairment from nearby properties, it does not contribute towards cumulative view impairment. Section 8: The Height Variation is warranted since the proposed addition complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 9. The Height Variation is warranted since the proposed addition is compatible with the immediate neighborhood character. Based on an analysis of the P.C. Resolution No. 2006-24 Page 2 of 5 area, it is found that the proposed structure is consistent with the character of the immediate neighborhood with respect to architectural style and materials, bulk and mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures. Section 10: The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Due to existing foliage in the area and the location of the second floor addition, the portions of structure that are above sixteen feet will not create an unreasonable infringement of the privacy of the occupants of abutting residences. Section 11: 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 24, 2006. 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 approves the Height Variation to allow for the construction of a 548 square foot addition to an existing 3,402 square-foot single-family residence (Case No. ZON2005-00636); subject to the conditions contained in Exhibit W, 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 9th day of May 2006, by the following vote: AYES: Chairman Knight, Vice Chairman Gerstner, Commissioner Ruttenberg, Commissioner Tetreault, Commissioner Perestam, and Commissioner Lewis NOES: ABSTENTIONS: ABSENT: Commissioner Karp m Kni C irm hairma Joel r oja, , A 1CP Direct�r or Plan d ing, ouilding and Code Enforcement; and, ectaryto thening Commission P.C. Resolution No. 2006-24 Page 3 of 5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2006-24) Height Variation (Case No. Z 20 5- 0 36) 1. The approval of a Height Variation is to allow for the construction of a 548 square foot addition to an existing 3,402 square-foot single-family residence (garage included). More specifically, this approval allows the construction of a new recreational room, laundry room, and wet bar. In addition, this approval allows a 120 square-foot covered balcony on the rear of the new second floor addition. 2. Approval of this Height Variation 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. 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. Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void. 4. The approval shall become null and void after one (1) year from the date of this 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. 5. 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. 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 project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department, stamped as received by the Planning, Building and Code Enforcement Department on February 22, 2006. 8. 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 P.C. Resolution No. 2006-24 Page 4 of 5 asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 9. In the event that a Planning Department requirement and a Building and Safety Department requirement are in conflict with one another, the stricter standard shall apply. 10. All applicable permits required by the Building and Safety Department shall be obtained by the Applicant prior to the commencement of construction. 11. Unless modified by a future City approval, the subject site shall maintain a maximum lot coverage of 43 percent. 12. At least 50 percent 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. 13. The proposed residence shall not exceed a height of 25.1 feet, as measured from the lowest grade adjacent to the building foundation/slab (98.8') to the highest ridgeline of the residence (124.5'), and 24.7 feet, as measured from the highest elevation of existing building pad covered by structure (123.9') to the highest ridgeline of the residence. 14. Unless modified by a future City approval, the residence shall maintain the existing 78.05-foot rear-yard setback, a 40.8-foot front-yard setback., a 5.4-foot street-side setback, and an 8.8-foot interior-side setback. 15. Attic space over the recreation room shall not be used for human habitation or occupation (e.g. a loft or play area) and the attic shall comply with all building codes for such use. P.C. Resolution No. 2006-24 Page 5 of 5