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PC RES 2001-033A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION NO. 936 TO ALLOW THE ENCLOSURE OF AN EXISTING 162 SQUARE FOOT SECOND STORY BALCONY AND CONVERTING THE ADDITION INTO HABITABLE SPACE, THUS CONSTRUCTION A 162 SQUARE FOOT ADDITION TO THE EXISTING RESIDENCE. THE PROPOSED ADDITION WILL BE CONSTRUCTED AT A PROPOSED HEIGHT OF 19'-0", AS MEASURED FROM THE HIGHEST FINISHED GRADE COVERED BY STRUCTURE. WHEREAS, on June 19, 2001 an application for Height Variation No. 936 was submitted to the Planning Department to allow the enclosure of an existing 162 square foot second story balcony, and converting it into habitable space, thus resulting in an 162 square foot addition to an existing 4,318 square foot, two-story, single-family residence at a height of 19'-0", as measured from the highest grade covered by structure to the top of the addition; and, WHEREAS, on August 20, 2001 the subject applications were deemed complete for processing by Staff, and, WHEREAS, on August 23, 2001 a public notice was mailed to property owners within a 500 foot radius of the subject property informing them of the proposed project. Furthermore, a notice was published in the Palos Verdes Peninsula News on August 25, 2001, and, WHEREAS, on September 20, 2001 a revised public notice was mailed to property owners within 500 foot radius of the subject property Informing them of the scheduled Planning Commission public hearing on October 9, 2001. The previous notice did not identify a public hearing before the Planning Commission Furthermore, a revised notice was also published in the Palos Verdes Peninsula News on September 22, 2001; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 21000 et.seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, 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 Height Variation No. 936 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15303(a)), and, P.C. Resolution No. 2001-33 Page 1 of 4 WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 9, 2001, at which all interested parties were given the 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: The Planning Commission finds that the applicant successfully completed the Early Neighborhood Consultation process by obtaining 25 of the 97 properties within the 500' radius, which is 26%, and 9 of the 11 properties within the 100' radius, which is 82%. Section 2: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views Section 3: The subject lot is located on a manufactured slope that was created at the time the building pads for the subject tract were graded and is not located on a ridge or promontory, as defined by the City's development Code. Section 4: Based on an analysis of the existing neighborhood, the surrounding residences do not have any views through the proposed addition. The residence located to the north (6762 Birchman Drive) does not have any windows oriented through the addition, therefore the proposed addition will not impact the views of 6762 Birchman Drive. The residence located to the east (6754 Birchman Drive) has views toward the west and south, however the proposed addition will be located entirely in front of the existing residence, therefore any views that 6754 Birchman Drive might have through the subject property is already impaired by the existing residence. Therefore the proposed addition will not significantly impair a view from the viewing area of another parcel Section 5:, The proposed project will not create a view impairment from surrounding properties in that the surrounding properties are located at a similar elevation to that of the subject property Section 6:. The proposed structure has been designed to minimize the impairment of views from surrounding properties by situating the addition at the location of an existing covered balcony, under the existing roof eave and therefore, not changing the height of the existing structure or the general footprint of the existing second story. Section 7:, The proposed structure complies with the residential development standards for a RS -4 zoning district in terms of open space, height requirements, and setbacks. Furthermore, in addition to obtaining Planning P.C. Resolution No. 2001-33 Page 2 of 4 approval, building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code. Section 8: The proposed addition, at 162 square feet, is compatible with the character of the immediate neighborhood in that the design of the proposed addition will not increase the apparent bulk and mass of the existing structure because the proposed addition is located under the existing eave and where there is currently a balcony Additionally, the design of the proposed addition will be compatible with the design of the surrounding second story homes in that many of the surrounding second stories are either flush with the first story or cantilevering over the first story, the way the proposed addition is designed. Furthermore, the proposed finish material, stucco, is a commonly found finish material in the surrounding neighborhood Section 9: According to the layout of the proposed addition in relation to the surrounding neighboring, the proposed project will not result in an unreasonable infringement of privacy since although the proposed project will be oriented toward 6754 Birchman Drive, it will not be directly oriented toward any windows or the rear yard, it will be directed toward the front yard. Additionally, during the public noticing period, none of the adjacent property owners expressed concern that the project will create an infringement of privacy. Section 10: A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision. Section 11: Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1 j of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's adoption of this resolution. 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 Height Variation No. 936, thereby approving the enclosure of an existing 162 square foot second story balcony, and converting it into habitable space, thus resulting in an 162 square foot addition to an existing 4,318 square foot, two- story, single-family residence at a height of 19'-0", as measured from the highest grade covered by structure to the top of the addition subject to the conditions of approval in Exhibit "A". P.C. Resolution No. 2001-33 Page 3 of 4 0 PASSED, APPROVED, AND ADOPTED this 9th day of October, 2001, by the following vote: AYES: Cartwright, Clark, Long, Lyon, Mueller, Paulson, Vannorsdall NOES: None ABSTENTIONS: None ABSENT: None J(bel Nojas, AICP re or of Planni Jnt; uwlding and Code Enforc and, Secretary to the Planning Commission Frank Lyon Chairman j P.C. Resolution No. 2001- 33 Page 4 of 4 9 9 Exhibit "A" Conditions of Approval Height Variation No. 936 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 Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void 2 Approval of Height Variation No 936 is for the enclosure of an existing 162 square foot second story balcony and converting it into habitable space, thus resulting in a 162 square foot addition to the second story of the existing residence 3 The addition shall maintain the following minimum setbacks 15'-0" rear yard (proposed 20'-0") 5'-0" interior side yard (proposed 19'-0" from the north property line, 9'-0" from the northeast property line, 6'-9" from the east property line, 19-0" from the south property line) 20'-0" front yard (proposed 42'-0") 4 With the approval of Height Variation No 936, the maximum height of the addition shall not exceed 26 feet, as measured from the lowest point of existing grade covered by the structure to the ridge (proposed 19'-0" from the highest point covered by structure) 5 The approved project shall maintain a maximum of 50% lot coverage, as required by the RS -4 zoning district (33% proposed) No additional lot coverage is approved under this application 6 On August 3, 2001, City Staff conducted a foliage analysis on the subject property and determined that there is no existing foliage on the subject property that exceeds 16 feet in height and significantly impairs views from neighboring properties Therefore, City Staff finds that no foliage shall be removed under this application request. 7 The project shall substantially conform to the plans stamped approved with the effective date of this approval 8 No outdoor lighting shall be directed toward or result in direct illumination of a parcel of property or properties other than that upon which such light source is physically located Individual, nonreflector, incandescent light bulbs shall not exceed 150 watts each, or an aggregate of 1,000 watts. 9 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any conditions of approval if such PC Resolution No. 2001-33 Exhibit "A" — Conditions of Approval Page 1 of 2 0 modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change shall require approval of an amendment to Height Variation Permit No 936 by the Planning Commission. 10. If the proposed facility has not been established (i e building permits obtained) within one (1) year of the effective date of this resolution, or if construction has not been completed 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 Planning Commission Otherwise, a height variation permit revision must be approved prior to further development 11. 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. 12 The construction site 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 is not limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded furniture, and appliances or other household fixtures. 13. In the event that a Planning requirement and a Building and Safety requirement are in conflict with one another, the stricter standard shall apply. 14. No grading is permitted with this approval. 15. All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance. 16. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to commencing work. P.C. Resolution No. 2001.33 Exhibit "A" - Conditions of Approval Page 2 of 2