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PC RES 2006-058 P.C. RESOLUTION NO. 2006-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION (CASE NO. ZON2004- 00571), FOR A PROPERTY LOCATED AT 1946 UPLAND STREET. WHEREAS, on October 27, 2004, the Applicant submitted a Height Variation application requesting approval to remodel the existing first floor and add a second story to create a 4,916 square-foot residence. Staff completed an initial review of the application on November 23, 2004, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, the project went through several revisions including a change of architect, thus, a new Applicant submitted plans on May 10, 2006; and, WHEREAS, the new plans requested approval to remodel the existing first floor and add a second story to create a 4,865 square-foot structure; and, WHEREAS, these plans were deemed incomplete by Staff on May 30, 2006, which was followed by a submittal of additional information on July 10, 2006; and, WHEREAS, on July 14, 2006, Staff deemed the plans generally complete for further processing; 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 October 10, 2006 at which time all interested parties were given opportunities to be heard and present evidence; and, WHEREAS, at said meeting, the Planning Commission approved a continuance of the public hearing of this case in order for the Applicant to revise the project to address non- compatibility issues of size, bulk and mass; and WHEREAS, on November 9, 2006, the Applicant submitted revised plans that addressed the Planning Commission's issues of concern by reducing the project's square footage by 788 square feet and modifying the bulk and mass of the structure; thus, creating a 4,077 square-foot single-family residence. 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(D (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, P.C. Resolution No.2006-58 Page 1 of 5 WHEREAS, on November 28, 2006, the Planning Commission held a duly noticed public hearing at which time all interested parties were given opportunities 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: Saction I., That the approved project includes the remodeling of the existing 1,903 square-foot home (plus garage) with the addition of 686 square feet to the habitable portion of the first floor and a 258 square-foot addition to the garage. The construction shall also include the addition of a new 1,230 square-foot second story, which will result in a 4,077 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 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 5: 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(8) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Section 6: 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 7: 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. P.C. Resolution No.2006-58 Page 2 of 5 action The Height Variation is warranted since the proposed addition is 8'8:. compatible with the immediate neighborhood character. Based on an analysis of the 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 9: 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. action 10® 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, by submitting grounds for the appeal, in writing, and with the appropriate appeal fee, no later than December 13, 2006. 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 the Height Variation to allow for the remodeling and expansion of the first floor and addition of a second story to create a 4,077 square-foot single-family residence (Case No. ZON2004-00571); subject to the conditions contained in Exhibit 'A', 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 28th day of November 2006, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Bill Gerstner, Vice Chairman J of Jae of , AicP Dir ctor f Plannin Building L anUefEnforcement P.C. Resolution No.2006-58 Page 3 of 5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2 06-5 ) Height Variation (Case No. ZON2004-00571) 1 The approval of a Height Variation is to allow for the remodeling of the existing 1,903 square-foot home (including garage) along with the addition of 686 square feet to the habitable portion of the first floor and a 253 square-foot addition to the garage. The construction shall also include the addition of a new 1,230 square-foot second story, which will result in a 4,077 square-foot single-family residence (with garage). 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 November 9, 2006. 8. 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 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. 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. P.C. Resolution No.2006-58 Page 4 of 5 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 23.04', as measured from the lowest finished grade adjacent to the building foundation/slab (99.14') to the highest ridgeline of the residence (122.18'); and 20.37' as measured from the highest elevation of the existing building pad covered by the structure (101.81 ) to the highest ridgeline of the residence (122.18'). 14. To maintain views of San Pedro Harbor, the Vincent Thomas Bridge, and the Pacific Ocean, foliage to be planted in the front-yard setback shall not exceed 16 feet in height or the ridgeline of the first story, whichever is lower. 15. Unless modified by a future City approval, the residence shall maintain the proposed 26'-10" front-yard setback; 77'-2 1/2" rear-yard setback; 6'-6" westside setback; and 6'-9 '/2" eastside setback. P.C. Resolution No.2006-58 Page 5 of 5