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PC RES 2008-028 P.C. RESOLUTION NO. 2008-28 RESOLUTION FT E PLANNING COMMISSIONFT E CITY OF RANCHOPALOS VERDES ITI LLY APPROVING HEIGHT VARIATION AND SITE REVIEW(PLANNING CAS NO. z N20 -00092)FOR THE CONSTRUCTION OF AN 89-SQUARE-FOOT 1-STORY ADDITION AND 2,487-SQUARE-FOOT2-STORY ADDITION TO AN EXISTING1,100-SQUARE-FOOT 1-ST Y SINGLE- FAMILY INGL - FA ILY RESIDENCE, LOCATED AT 29102 HIGHMORE AVENUE WHEREAS, on February 20, 2008, the applicant, Robert Madden, submitted an application for Planning Case No. ZON2008-00092 for a height variation and site plan review to allow additions totaling 2,576 square feet to an existing 1-story single-family residence on Highmore Avenue; and, WHEREAS, on June 30, 2008, the application for Planning Case No. ZON2008-00092 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); 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 12, 2008, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY 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 2,487-square- foot 2-story addition to 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 25% of the property owners within a 500-foot radius of the subject property and 75% 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 early 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. The homes across Highmore Avenue to the west are on pads that are higher than the subject property. Although the properties at 1835 Trudie Drive and 1836 Trudie Drive appear to enjoy limited harbor views over the subject property, the portion of the proposed project in excess of the 16-foot height limit only appears to infringe upon views of the sky above the ocean horizon and/or developed properties in the immediate foreground. As such, given the topography of the area and the orientation of surrounding homes, the portion of the proposed project that is above sixteen feet (16'-0") in height results in no impairment of view from the viewing area of another parcel. E. There is no significant cumulative view impairment caused by granting the application. The portion of the proposed project that is above sixteen feet(16'-0") in height results in no view impairment, and similar additions to surrounding, adjacent residences would result in no view impairment either. F. With the exception of the existing, nonconforming 4Y2-foot southerly side-yard setback that will remain, the proposed structure complies with all other Code requirements, including the RS-4 zoning district development standards with respect to lot coverage and setbacks, and the off-street parking requirements for single- family residences. G. 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. H. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. There are no second-floor windows facing toward the abutting property at 29108 Highmore Avenue. The proposed rear balcony would only overlook the detached garage and driveway on the north side of P.C. Resolution No. 2008-28 Page 2 of 7 the property at 29108 Highmore Avenue, but not the primary outdoor living area (i.e., deck)at the rear of the residence,which is located toward the south side of the property. Section ® The Planning Commission makes the following findings of fact with respect to the application for site plan review to allow the construction of an 89-square-foot 1-story addition and cantilevered front porch cover for the subject property: A. The proposed 89-square-foot addition and cantilevered front porch cover fully comply with the development standards for the RS-4 zoning district. Section a 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 later than fifteen (15)days following August 12, 2008, 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. ZON2008-00092)for the construction of an 89-square-foot 1-story addition and 2,487-square-foot 2-story addition to an existing 1,100-square-foot 1-story single-family residence, located at 29102 Highmore Avenue, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2008-28 Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 12 to day of August 2008, by the following vote: AYES: Commissioners Gerstner, Knight, Ruttenberg and Tomblin, Vice Chairman Lewis NOES: Chairman Perestam ABSTENTIONS: none ABSENT: Commissioner Tetreault RECUSALS: none Step en Perestam Chairman Joel—"a , AICP Direcr Planning, Building and C e Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2008-28 Page 4 of 7 I°il IT " CONDITIONS F APPROVAL FOR PLANNING CASE NO. ZON2008-00092 (Madden, 29102 Highmore Avenue) 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 an 89-square-foot 1-story addition and 2,487-square-foot 2-story addition to an existing 1,100-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-4 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. Otherwise, a height variation and/or site plan review revision must be approved prior to further development. P.C. Resolution No. 2008-28 Page 5 of 7 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 BUILDING PERMIT ISSUANCE, the applicant shall trim, thin and lace the foliage of the existing tree near the northwesterly corner of the house, above an elevation of sixteen feet (16'-0") above grade at the base of the tree. Height Variation Conditions: 12. This approval is for a 2,487-square-foot 2-story addition at the rear of 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. 13. The maximum ridgeline of the approved project is 119.00'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 14. The approved residence shall maintain setbacks of 20.0' front, 26.25' rear, 5.0' interior (south) side and 10.5' street (north) side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. P.C. Resolution No. 2008-28 Page 6 of 7 Site Plan Review Conditions: 15. This approval is for an 89-square-foot 1-story addition and cantilevered porch cover at the front of 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 project shall maintain a maximum of 50% lot coverage (44.4% proposed). 17. 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. 18. No vertical supports shall be permitted for the approved front porch cover, which may cantilever up to six feet six inches (6-6") into the required 20-foot front-yard setback area. This condition may be waived by the Director in the event that the future adoption of any overlay control district development standards applicable to the subject property permit such vertical supports, provided also that all other Development Code provisions are met. M:\Projects\ZON2008-00092(Madden,29102 Highmore Ave)\PC Resolution 2008-28.doc P.C. 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