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PC RES 2007-007 P.C. RESOLUTION NO. 2007- 7 A RESOLUTION OF THE PLANNINGCOMMISSION OF THE CITY OF RANCHO PALOSVERDES CONDITIONALLY APPROVING HEIGHT VARIATION AND SITE PLAN REVIEW(PLANNING E NO. Z N2005-00647)FOR THE CONSTRUCTION F 721-SQUARE-FOOT 1 ST-STORY ADDITIONS 1,587-SQUARE-FOOT 2ND-STORY ADDITION TO AN EXISTING 2,025-SQUARE-FOOT I-STORY SINGLE-FAMILY RESIDENCE, LOCATED T 26133 BASSWOOD AVENUE WHEREAS, on December 16, 2005, the applicants, Steffen and Hina Neumann, submitted an application for Planning Case No. ZON2005-00647 for a height variation and site plan review to allow 1St- and 2" -story additions to their existing 1-story single-family residence on a pad lot on Basswood Avenue in the Grandview SilverSpurcommunity;and, WHEREAS, on December 8, 2006, the application for Planning Case No. ZON2005-00647 was 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 approval of the requested height variation and site plan review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301(e)(1)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on January 23, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a height variation to allow the construction of a 1,587-square- foot 2"d-story addition to the existing 1-story single-family residence on the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 34% of the property owners within a 500-foot radius of the subject property and 86% of the property owners within a 100-foot radius of the subject property. B. The proposed structure that is above sixteen feet in height does not significantly impair a view from public property(parks, major thoroughfares, bikeways,walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas because the subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan as a City-designated viewing area. C. The proposed structure is not located on a ridge or promontory; rather, the subject property is a graded pad lot surrounded by similar pad lots that were all created when the neighborhood was originally graded and developed in the late 1950s. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. As viewed from the viewing area at 26139 Basswood Avenue, the portion of the proposed addition above the 16-foot level obstructs only a view of sky, while the portion of the proposed addition above the 16-foot level creates no view impairment from the viewing area at 5553 Bayridge Road. E. The proposed structure complies with all other Code requirements, including the RS-5 zoning district development standards with respect to lot coverage and setbacks, and the off-street parking requirements for single-family residences. F. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. G. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. Second-floor windows facing toward the abutting residence at 26139 Basswood Avenue will include obscure glazing in the master bathroom window, while the windows in the stairwell will be above the level of the adjoining stairs. Second-floor windows facing toward the abutting residence at 26127 Basswood Avenue will only overlook the roof, while the master bedroom balcony will result in no significant new infringement of privacy beyond that that already exists by virtue of the relative difference in pad elevations between the two (2) properties. Section 20 The Planning Commission finds that the 721-square-foot 1St-story additions less than sixteen feet(16') tall are consistent with the development standards of the RS-5 zoning district and contribute in a positive manner to the compatibility of the P.C. Resolution No. 2007-07 Page 2 of 7 overall project with the immediate neighborhood. Therefore,the requested site plan review for these components of the project is also approved. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15).days following January 23, 2007, the date of the Planning Commission's final action. 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 conditionally approves a height variation and site plan review(Planning Case No. ZON2005-00647)for the construction of 721-square-foot 1 st-story additions and a 1,587-square-foot 2"d-story addition to an existing 2,025-square-foot 1-story single-family residence, located at 26133 Basswood Avenue, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2007-07 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 23d day of January 2007, by the following vote: AYES: Commissioners Karp, Perestam and Ruttenberg, Vice Chairman Gerstner and Chairman Knight NOES: none ABSTENTIONS: Commissioner Lewis ABSENT: Commissioner Tetreault m Chair M R *as' AICU Di e t I c Jo V of Pla g, Building an de Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-07 Page 4 of 7 XHI IT CONDITIONS PPR L FOR PLANNING w 2005-00647 (Neumann, 26133 Basswood venue) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for 721-square-foot 1 st-story additions and a 1,587-square-foot 2"d- story addition to an existing 2,025-square-foot 1-story single-family residence. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the height variation and/or site plan review by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-5 district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. P.C. Resolution No. 2007-07 Page 5 of 7 Otherwise, a height variation and/or site plan review revision must be approved prior to further development. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. Unless otherwise designated in these conditions,all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. 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. 11. Prior to the issuance of a building permit for the approved project, the applicant shall be responsible for the trimming, thinning, removal or other required action identified by the City to reduce and maintain the following existing foliage on the subject property to a maximum height of sixteen (16) feet: a. The ficus tree in the front yard; b. The two (2) podocarpus trees adjacent the front (side) of the garage; and, C. The melaleuca "hedge" along the southerly side property line. Height Variation Conditions: 12. This approval is for a 1,587-square-foot 2nd-story addition to an existing 1-story single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. P.C. Resolution No. 2007-07 Page 6 of 7 13. The maximum ridgeline elevation of the approved project is 131.1'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 14. The south side window in the master bathroom shall be fixed and shall utilize obscure glazing so as to preserve the privacy of the abutting residence at 26139 Basswood Avenue. Site Plan Review Conditions: 15. This approval is for 721-square-foot 1 st-story additions to an existing 1-story single- family residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 16. The approved residence shall maintain setbacks of 19.71' front (nonconforming), 17.71' rear, 6.24' north side and 16.18' south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 17. The approved project shall maintain a maximum of 52% lot coverage (43.7% proposed). Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 18. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 19. No more than fifty percent (50%) of the existing interior and exterior walls and square footage of the structure may be demolished without bringing the nonconforming 19.71-foot front-yard setback into compliance with the current 20- foot front-yard setback. M:\Projects\ZON2005-00647(Neumann,26133 Basswood Ave)\PC Resolution 2007-07.doc P.C. Resolution No. 2007-07 Page 7 of 7