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PC RES 2010-008 P.C. RESOLUTION NO. 2010-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW, FOR THE CONSTRUCTION OF A 761FT2 ADDITION TO AN EXISTING SPLIT-LEVEL RESIDENCE, THEREBY INCREASING THE OVERALL HEIGHT TO 29'-8" AT 4125 MIRALESTE DRIVE. WHEREAS, January 8, 2010, an applicant submitted a Height Variation and Site Plan Review application, requesting approval to construct a 761ft2 addition to an existing split-level residence, thereby increasing the overall height from 29'-6" to 29'-8"; and, WHEREAS, on January 12, 2010, staff deemed the proposed project incomplete based on insufficient information; and, WHEREAS, the applicant submitted additional information and staff deemed the project complete on February 8, 2010; and, WHEREAS, on February 8, 2010, notice of the pending application was sent pursuant to the requirements of the Rancho Palos Verdes Development Code; 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), the Planning Commission found no evidence that the Height Variation and Site Plan Review will have a significant effect on the environment and, therefore, the project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 9, 2010, 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 proposed project includes a request to construct a 140ft2 addition to the front, expanding the existing garage at the lower level; and a 621ft2 addition to the front and rear of the existing upper level. Since the subject lot slopes up from the front of the property to the rear, the proposed addition to the existing garage lowers the point where the lowest foundation meets finished grade by 2". Section 2: That the Height Variation is warranted because the applicant has complied with the early neighbor consultation process established by the City, collecting 70% of the landowner signatures within the 100' radius and 25% of the total number of landowners within 500' radius of the subject site. Section 3: That the Height Variation is warranted because the proposed addition to an existing structure that is above 16' in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been P.C. Resolution No. 2010-08 Page 1 of 5 identified in the city's general plan or coastal specific plan, as city-designated viewing areas. More specifically, there is no view across the proposed project area from any public properties. Section 4: That the Height Variation is warranted because the proposed new structure is located within a fully developed residential tract and is not on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted because the area of a proposed new structure that is above 16' in height when considered exclusive of existing foliage does not significantly impair a view from the viewing area of another parcel. More specifically, the properties with views are located significantly higher in building pad elevation than the subject property, and therefore the proposed project does not affect any views. Section 6: That the Height Variation is warranted because there is no significant cumulative view impairment caused by granting the application. More specifically, there is no view impairment caused by the proposed project and most of the existing structures on properties along Miraleste Drive are two-stories. Section 7: That the Height Variation is warranted because the proposed structure complies with all other code requirements, including but not limited to setbacks and open space restrictions, as well as any specific conditions associated with the pertinent tract approval. Section 8: That the Height Variation is warranted because the proposed structure is compatible with the immediate neighborhood character. Although the proposed project will be larger than most homes in the neighborhood, the resulting structure would not appear massive, bulky, or out of scale since the articulated design elements will create a visually layered structure. Additionally, the architectural style, roof design, setbacks, height, open space, building materials and number of stories is consistent with what exists on neighboring properties. Section 9: That the Height Variation is warranted because the proposed new structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. More specifically, there are no additional views of the abutting properties that are obtained by the proposed new windows. Section 10: That the Site Plan Review is warranted because the proposed garage expansion complies with all of the RS-3 development standards. 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, March 24, 2010. A $2,255.00 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 March 24, 2010. Section 12: 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, a Height Variation and Site Plan Review for the construction of a 761ft2 addition to an existing split-level residence, thereby increasing the overall height to 29'-8" (Case No. ZON2010-00005). P.C. Resolution No. 2010-08 Page 2of5 PASSED, APPROVED AND ADOPTED this 91h day of March 2010, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman:- Tomblin, Chairman Gerstner NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: None Bill Gerstner, Chairman Joe' Roj A"CP Directo of tanning B Iding and C de nforcem t; and, Secret of the Planning Commission P.C. Resolution No. 2010-08 Page 3 of 5 EXHIBIT'A' CONDITIONS OF APPROVAL FOR ZON2010-00005 4125 MIRALESTE DRIVE 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 the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 3. 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. 4. The Community Development Director 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 by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, 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. 8. 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. 9. 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 P.C. Resolution No. 2010-08 Page 4 of 5 date of this Resolution. 10. 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. 11. 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 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 in this condition. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. This approval is for a 140ft2 addition to the garage (lower floor) and a 621ft2 addition to the upper floor of an existing split-level residence. 15. The maximum ridgeline of the approved project is 29'-8", as measured from the point where the lowest foundation or slab meets finished grade. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR to roof sheathing inspection. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 45% lot coverage (28% proposed). 17. The approved residence shall maintain setbacks of 20' front, 15' rear and 5' sides. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR to foundation forms inspection. 18. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 19. 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. P.C. Resolution No. 2010-08 Page 5 of 5