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PC RES 2007-057 P.C. RESOLUTION NO. 2007- 7 RESOLUTION F THE PLANNING I I F THE CITY OF RANCHO PALPALOS VERDEVERDES CONDITIONALLY APPROVING A HEIGHT VARIATION REVISION(PLANNING CASE NO. Z 2007-00348) FOR THE RELOCATION THE CHIMNEY IN THE 1-STORY E T ROOMPORTION OF AN APPROVED, 2-STORY SINGLE-FAMILY RESIDENCE, L T T 28953 CRESTRIDGE ROAD WHEREAS, on October 25, 2005, the Planning Commission adopted P.C. Resolution No. 2005-45, thereby conditionally approving a requested height variation, grading permit and site plans review (Planning Case No. ZON2005-00071) for a new, 2- story single-family residence, retaining wall, swimming pool and other accessory structures at 28953 Crestridge Road in the Ridgecrest community; and, WHEREAS, on July 9, 2007, the City received a letter from the owners of the abutting property at 28949 Crestridge Road, the Dammers, stating that they believed that the new residence was not being constructed in accordance with the plans approved by the Planning Commission, and that these alleged changes had an adverse impact on their view; and, WHEREAS, Staff investigated the Dammers' c{aim and verified that the chimney in the 1-story great room portion of the project was not being constructed in the location depicted on the approved plans; and, WHEREAS, on July 25, 2007, the applicants, the Jacobsens, submitted an application for Planning Case No. ZON2007-00348 for a height variation revision to allow the chimney to remain where it had been built; and, WHEREAS, on July 26, 2007, the application for Planning Case No. ZON2007-00348 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 revision would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303); 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 August 28, 2007, and September 11, 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 finds that all of the findings of fact adopted in conjunction with P.C. Resolution No. 2005-45 for Planning Case No. ZON2005-00071 remain in effect and valid. The location and height of the revised chimney are consistent with the City's Development Code and with the original findings for Planning Case No. ZON2005-000711, which are incorporated herein by this reference. Section 2: Notwithstanding its location and height, the Planning Commission is concerned that the profile of both the approved chimney and the revised chimney shown on the plans is not consistent with the chimney that has been built, and are taller than necessary to meet the requirements of the Building Code. The approved and proposed chimney has a tapered profile that minimizes its horizontal expanse, while the actual chimney has a rectangular profile and large spark-arrestor shroud. The Planning Commission believes that the as-built chimney creates more view impairment than is necessary due to its width, height and the size of the spark-arrestor shroud. Therefore, approval of this proposed revision is conditioned upon modifications to the chimney to match the exterior elevations on the approved and proposed project plans. 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)(j) 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 fee, no laterthan fifteen (15)days following September 11, 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 revision (Planning Case No. ZON2007-00348)for the relocation of the chimney in the 1-story great room portion of an approved, 2-story single-family residence, located at 28953 Crestridge Road, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2007-57 Page 2 of 6 PASSED, APPROVED, AND ADOPTED this I I th day of September 2007, by the following vote: AYES: Commissioners Karp, Knight,, Lewis, Ruttenberg and Tetreault, Vice Chairman Perestam and Chairman Gerstner NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: none Bill Gerstner Chairman JoelUbja , AICP Dire for PlannIV9, Building and 0 Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-5L Page 3 of 6 EX I IT CONDITIONS OF APPROVAL FOR PLANNING CASE NO. Z 2007-00348 (Jacobsen, 28953 CrestridgeRoad) General Conditions: 1. Priorto 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 the relocation of the chimney in the 1-story great room portion of an approved, 2-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 further revision to the height variation 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-2 district development standards and,OC-3 overlay control district performance criteria 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. Otherwise, a further height variation revision must be approved prior to further development. P.C. Resolution No. 2007-57 Page 4 of 6 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. Unless otherwise modified by this Resolution, all conditions of approval adopted in conjunction with P.C. Resolution No. 2005-45 remain valid and in full force and effect. Height Variation Revision Conditions: 12. The existing chimney in the great room shall be modified to be consisted in appearance with the chimney depicted on the revised plans presented to the Planning Commission on September 11, 2007, and in the attached Exhibit `B.' Specifically, the profile of the chimney shall be tapered, and the height of the chimney shall be lowered to the lowest height that still meets the City's Building Code requirements. Furthermore, the smallest, lowest spark arrestor and shroud permitted by the City's Building Code shall be utilized. These modifications shall be completed to the satisfaction of the Director of Planning, Building and Code Enforcement prior to the issuance of a final building permit for the residence. P.C. Resolution No. 2007-57 Page 5 of 6 EXHIBIT 'B' CONDITIONS P° i! L FOR PLANNING . Z N2 07-00348 (Jacobsen, 28953 CrestridgeRoad) M:\Projects\ZON2007-00348(Jacobsen,28953 Crestridge Rd)\PC Resolution 2007-57_PC.doc P.C. Resolution No. 2007-57 Page 6 of 6