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PC RES 2007-009 P.C. RESOLUTION NO. 2007-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW (Z N2006-00447) TO CONSTRUCT A 781 SQUARE FO T ADDITON TO THE FIRST AND SECOND FLOOR OF AN EXISTING TWO-STORY RESIDENCE at 6774 VERDE RIDGE ROAD. WHEREAS, on August 29, 2006, the applicant submitted an application for a Height Variation and Site Plan Reivew (Case No. ZON2006-00447), a request to construct a 489 square foot single-story addition in the rear yard and a 292 square foot second story addition above the garage in the front yard of the existing two-story residence; and, WHEREAS, on December 11, 2006, the applications for Height Variation and Site Plan Review were deemed complete by staff; 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 and Site Plan Review, 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 noticed issued on January 11, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 13, 2007, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. That the approved project includes the construction of a 489 square foot single-story addition in the rear yard and a 292 square foot second story addition above the garage in the front yard of the existing two-story, 2,782 square foot residence. Section 2: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 27% of the signatures within a 500 foot radius and 100% of the signatures within a 100 foot radius of the project site. Section 3: That the Height Variation is warranted since the proposed addition that is above 16' in height does not significantly impair a view from public property (i.e. 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. Specifically, while Hesse Park is located south of the subject property and has an ocean view to the west a view of the Malibu coastline to the north. Given the location of the proposed project, neither the ocean view nor the view of the Malibu coastline from Hesse Park will be impaired. P.C. Resolution No. 2007-09 Page 1 of 5 Section 4: That the Height Variation is warranted since the proposed additions are not located on a ridge or a promontory. Specifically. the subject property is located within a fully developed single-family residential tract that is not located on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted since the proposed addition to the existing structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view form the viewing area of another parcel. Specifically, views in the area are to the west (ocean) and north (Malibu coastline). The proposed addition is on the north side of the existing two-story structure with a proposed ridgeline that does not exceed the current highest point of the structure. As such, any northerly view of the Malibu coastline is not being further impaired by the proposed second story addition since such a view is already obstructed by the existing two-story portion of the residence. Furthermore, the homes on Verde Ridge Road slope down with the street in an east to west direction. Viewing areas from the first floor of neighboring structures towards the street are already being impaired by the immediate adjacent neighbor's main structure. Thus, the second story addition in the front yard does not significantly impair any westerly ocean views. Section 6: That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Specifically, since the project does not create view impairment, it does not contribute towards cumulative view impairment. Section 7: That the Height Variation is warranted since the proposed additions comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 8: That the Height Variation is warranted since the proposed additions are compatible with the immediate neighborhood character. Specifically, based on the analysis of the area, it is found that the proposed resulting structure is consistent with the immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. Section 9: That the Height Variation is warranted since the addition to the existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Due to the second story addition being located in the front yard of the existing residence, the only visual observation of abutting neighbors is of their front yard. Since the neighbors' front yard is already visible from the public right-of-way, the proposed second story addition does not create unreasonable privacy infringement. Section 10: That the Site Plan Review for the single-story, 489 square-foot addition in the rear yard is warranted since it with the Development standards in Title 17 of the Municipal Code. Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, February 28, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on February 28, 2007. P.C. Resolution No. 2007-09 Page 2 of 5 Section 1 ; For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Height Variation and Site Plan Review to allow for the construction of a 489 square foot single-story addition in the rear yard and a 292 square foot second-story addition above the garage in the front yard of the existing two-story residence (Case No. ZON2006-00447); 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 13th day of February 2007, by the following vote: AYES: Commissioners Karp, Lewis, Ruttcnberg, Tctrcaults Vicom Chairman Gerstner, Chairman Knight NOES: Commissioner Peres ABSTENTIONS: Moue ABSENT: None ChJ' Knight, airman Joels, AICP Direc or f Planni uilding and a Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2007-09 Page 3 of 5 Exhibit "A" Conditions of Approval Case No. 2006-00447 (Height Variation and Site PlanReview) 6774 Verde Ridge Road General 1. Approval of this Height Variation and Site Plan Review 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. 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 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. P.C. Resolution No. 2007-09 Page 4 of 5 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Height Variation and Site Plan Review 10. This Height Variation and Site Plan Review allows the construction of a 489 square foot single story addition in the rear yard and a 292 square foot second story addition above the garage in the front yard of the existing two-story residence. 11. The height of the additions shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the second story addition in the front yard shall not exceed 25', as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure. 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, 15' rear, and 5' sides. SETBACK 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 THE POURING OF FOUNDATIONS. 13. The approved project shall maintain 48%, but in no case shall exceed 50% maximum lot coverage. 14. At least 50% 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. 15. A foliage analysis conducted by staff revealed no existing foliage that significantly impairs the protected view form any surrounding properties. P.C. Resolution No. 2007-09 Page 5 of 5