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PC RES 2010-005 P.C. RESOLUTION NO. 2010-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO HEIGHT VARIATION PERMIT (CASE No. ZON2007-00209) BY CONSTRUCTING A 81 SQUARE FOOT BALCONY LOCATED AT THE REAR FACADE OF THE EXISTING MASTER BEDROOM AT 32415 NAUTILUS DRIVE. WHEREAS, on January 8, 2008, the Commission held a duly noticed public hearing to consider the request, at which time, all interested parties were given an opportunity to be heard and present evidence and the Planning Commission adopted P.C. Resolution No. 2008-02, thereby conditionally approving Case No. ZON2007- 00209 to allow the construction of a 1,975 square foot, first and second story addition with a maximum building height of 24.5' as measured from the lowest grade adjacent to the building foundation/slab; and, WHEREAS, on December 14, 2009, the applicant submitted a revision to the approved Height Variation Permit requesting to modify the approved plans to include an 81 square foot balcony to be located at the rear façade of the existing master bedroom; and, WHEREAS, on December 21, 2009, staff deemed the Height Variation application complete; 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 revision 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, notice of the Planning Commission ("Commission") hearing was mailed to all property owners within 500 feet of the applicant's property and published in the Palos Verdes Peninsula News on December 24, 2009; and, WHEREAS, the Planning Commission held a duly noticed public hearing on February 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 the construction of a 81 square foot balcony at the rear façade of an existing, two-story, single-family residence. The proposed rear facade balcony is less than 16 feet in height as measured from the P.C. Resolution No. 2010-05 1 of 5 lowest adjacent finished floor to the top of the proposed balcony guardrail. Combined with the approved side façade master bedroom balcony (57 square feet), the master bedroom balcony area is proposed to be 138 square feet. Section 2: That the Height Variation revision is warranted since the applicant had complied with the early neighbor consultation process with the original application by obtaining 25% of the signatures within a 500' radius and 75% of the signatures within a 100' radius of the project site. Section 3: That the Height Variation revision is warranted as the proposed rear façade balcony is less than 16 feet in height as measured from the lowest adjacent finished grade to the top of the proposed balcony guardrail and does not significantly impair a view from public property. Section 4: That the Height Variation revision is warranted as 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 revision is warranted as the proposed revision, which is to add a new rear façade balcony to the master bedroom, is less than 16 feet in height as measured from the lowest adjacent finished grade to the top of the proposed balcony guardrail. Since the proposed rear façade balcony is less than 16 feet in height, the finding is not applicable. Section 6: If a view impairment exists from the viewing area of another parcel but is determined not to be significant, as described in subsection (C)(1)(e)(vi) of this section, the proposed new structure that is above 16 feet in height or addition to an existing structure that is above 16 feet in height is designed and situated in such a manner as to reasonably minimize the impairment of a view. Since the proposed revision, which is to add a new rear facade balcony to the master bedroom, is less than 16 feet in height as measured from the lowest adjacent finished floor to the top of the proposed balcony guardrail, the stated finding in the preceding sentence is not applicable. Section 7: That the Height Variation revision is warranted since there is no cumulative view impairment caused by granting the application nor is the finding applicable as the proposed revision, which is to add a new rear façade balcony to the existing master bedroom, is less than 16 feet in height as measured from the lowest adjacent finished grade to the top of the proposed balcony guardrail. Section 8: That the Height Variation revision is warranted since the proposed rear facade balcony meets all of the code requirements including, but not limited to setbacks and height. Section 9: That the Height Variation revision is warranted based on the analysis of the area as it is found that the proposed rear façade balcony will be compatible with the character of the immediate neighborhood. Utilizing the same homes in the original analysis, staff conducted an analysis of other residences in the immediate P.C. Resolution No. 2010-05 2 of 5 neighborhood that have balconies which are visible from the public right of way. Based on staff's observation, all the 2nd story homes in the immediate neighborhood (Nautilus Drive) have balconies visible from the public right of way. Section 10: That the Height Variation revision is warranted as the proposed balcony will not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The subject property currently has an existing rear yard deck, where the rear yards of the abutting properties are already visible. From the rear façade of the 2nd story master bedroom, the degree of visibility onto the rear yards of the properties located on Conqueror Drive is the same as the existing rear yard deck. As such, the proposed rear master bedroom balcony will not result in further visibility onto surrounding properties than what currently exists. 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. 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. Section 12: 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 revision for the construction of a 81 square foot balcony located at the rear façade of the existing master bedroom (Case No. ZON2007-00209). PASSED, APPROVED AND ADOPTED this 9th day of February 2010, by the following vote: AYES: Commissioners Knight, Ruttenberg, Tomblin, Vice Chairman Gerstner, Chairman Lewis NOES: Commissioner Perestam ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tetreault .-�rLewis Chairm. A. Joel 'oja• , AICP Direc i•r o Planni, , Building and C .• - Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2010-05 3 of 5 Exhibit"A" Conditions of Approval Case No. ZON2007-00209 (Height Variation Permit Approval Revision) 32415 Nautilus Drive General 1. All previous conditions of approval adopted pursuant to Resolution No. 2008-02 shall remain in effect except the modified revision. 2. Approval of this Height Variation Permit revision 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. 3. The approval shall become null and void after 1 year 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. 4. 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. 5. 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. 6. 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. 7. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 8. 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. P.C. Resolution No. 2010-05 4 of 5 9. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Heiciht Variation Revision 11. This Height Variation revision allows the construction of a 81 square foot balcony to be located at the rear façade of the existing master bedroom. The approval also includes a rear master bedroom glass door access. All Conditions of Approval from Resolution No. 2008-02, which approved Height Variation, Grading Permit and Site Plan Review Case No. Z0N2007-00209 are still applicable to this project site. P.C. Resolution No. 2010-05 5 of 5