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PC RES 2002-001P.C. RESOLUTION NO. 2002-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING WITHOUT PREJUDICE HEIGHT VARIATION NO. 938 FOR THE CONSTRUCTION OF A 1,015 SQUARE FOOT FIRST STORY ADDITION AND THE CONSTRUCTION OF A NEW 1,122 SQUARE FOOT SECOND STORY ADDITION, AT A HEIGHT OF 22.41', AS MEASURED FROM THE FINISH GRADE ADJACENT TO THE LOWEST FOUNDATION TO THE RIDGE; AND APPROVING WITH CONDITIONS, SITE PLAN REVIEW NO. 9202 FOR THE CONSTRUCTION OF A SINGLE STORY DINING ROOM, KITCHEN, NOOK, AND STAIRS ADDITION, AT 4362 EXULTANT DRIVE. WHEREAS, on May 15, 2001, the Planning Commission approved Landslide Moratorium Exception Permit No 40 to allow the applicant to submit the necessary Planning Department applications to request approval of a 597 square foot garage, 474 square foot first story addition, and a 1,251 square foot second story addition; and, WHEREAS, on July 26, 2001 an application for Height Variation No. 938 and Site Plan Review No. 9201 was submitted to the Planning Department to allow the construction of a 1,071 square foot first story addition, including a 474 square foot garage, and the construction of a new 1,251 square foot second story addition, and, WHEREAS, on November 1, 2001 the subject applications were deemed complete for processing by Staff; and, WHEREAS, on November 3, 2001 the required public notices for the December 11, 2001 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on November 5, 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. 938 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15303(x)); and, P.C. Resolution No. 2002-1 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 December 11, 2001, at which all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, on December 11, 2001 the Planning Commission continued the public hearing to the January 22, 2002 Planning Commission meeting to allow the applicant sufficient time to revise the proposed project to address Planning Commission's concerns; and, WHEREAS, on January 17, 2002, the applicant requested a continuance of the public hearing to the February 12, 2002 meeting, and, WHEREAS, on February 12, 2002, the Planning Commission held a duly public hearing, at which all interested parties were given notice 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 33 of the 56 properties within the 500' radius, which is 33%, and 10 of the 12 properties within the 100' radius, which is 83%. 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 a site inspection, exclusive of foliage the proposed addition will significantly block the ocean view from 4343 Dauntless Drive. Dauntless Drive is located diagonally from the subject property and on a pad elevation higher than the subject property with the ocean view oriented toward the subject property Specifically, 4343 Dauntless Drive has an ocean view over the existing garage at 4362 Exultant Drive The proposed second story addition will be located above the existing garage therefore significantly blocking the ocean view from 4343 Dauntless drive. Section 5: The proposed project will create cumulative view impairment because the properties located on Dauntless Drive are located on higher elevations than the properties on Exultant Drive with views oriented toward and above the houses located on Exultant Drive Therefore if the P C. Resolution No. 2002-1 Page 2 of 4 properties located on Exultant Drive propose similar additions, they could cumulatively block the views of the properties located on Dauntless Drive. Section 6: The proposed addition is designed in such a manner which will significantly impair the view of the residence at 4343 Dauntless drive because 4343 Dauntless Drive has an existing view over the existing garage and in the area in front of the garage, and the proposed first story addition is proposed to be located in front of the garage and the second story addition is proposed to be located above the first story addition and above the existing garage. 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 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 structure at 4,889 square foot will be within the scale of the residences found in the Seaview neighborhood, therefore compatible with the scale of the neighborhood. Furthermore, the design of the proposed second story addition, which is located above the proposed garage is similar to the design of the other two-story homes found in the neighborhood. Specifically, the fagade of the proposed second story addition will be setback away from the fagade of the first story addition, therefore providing articulation between the first and second story, and minimizing the apparent bulk and mass of the structure, which is compatible with the other two story homes in the neighborhood Section 9: The proposed second story addition will not result in an unreasonable infringement of privacy because the residence adjacent to the south contains a courtyard in the side yard adjacent to the addition, which does not appear to be used as a gathering area, therefore, the windows located on the south elevation of the second story addition will not create an infringement of privacy on the property to the south. Additionally, there is currently a raised deck located in the rear yard of the subject property, located at the top of the transitional slope between the subject property and the property adjacent to the rear, and the adjacent property to the rear is currently visible from the existing deck, therefore, the proposed second story balcony will not increase the infringement of privacy to the property adjacent to the rear. Section 10: The proposed single story additions to the dining room located to the rear of the existing residence, the kitchen and nook addition located in the front of the existing residence and the stairs addition located to the side of the existing residence will comply with all the Code requirements in terms of lot coverage, setback, and height. P C. Resolution No. 2002-1 Page 3 of 4 Section 11: A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision Section 12: 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 13: 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 denies without prejudice Height Variation No. 938, thereby denying the construction of a 1,071 square foot first story addition, and the construction of a new 1,251 square foot second story addition, and approves with conditions, Site Plan Review No. 9202, thereby approving the construction of the dining room, kitchen, nook and stair addition, totaling approximately 150 square feet. PASSED, APPROVED, AND ADOPTED this 12th day of February, 2002, by the following vote: AYES: Commissioner Cartwright, Commissioner Long, Commissioner Mueller NOES: Commissioner Vannorsdall, Chair Lyon ABSTENTIONS: None ABSENT: None Joel F;4olas, C A I aQirect r of n�nping, Building od'e Enforcement, and, Secretary to the Planning Commission Frank LyTn Chairman P.C. Resolution No. 2002- 1 Page 4 of 4 Exhibit "A" Conditions of Approval Height Variation No. 938 and Site Plan Review No. 9202 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 938 and Site Plan Review No 9202 is for the construction of a 1,015 square -foot first -story addition including a 581 square foot garage and a 1,122 square foot second -story addition to an existing single -story single family residential structure, resulting in a 4,881 square foot structure (including garage). Said approval is also for the construction of an 182 square -foot deck attached to the second floor addition STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED CIVIL ENGINEER OR SURVEYOR. 3. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4 The addition shall maintain the following minimum setbacks. 15'-0" rear yard (proposed 34'-5") 5'-0" interior side yard (proposed 5'-0") 10'-0" street side yard (proposed 73'-6") 20'-0" front yard (proposed 24'-1") INTERIOR SIDE YARD SETBACK CERTIFICATION REQUIRED BY A LICANSED CIVIL ENGINEER OR SURVEYOR PRIOR TO THE FINAL OF THE BUILDING PERMIT. 5 With the approval of Height Variation No 938, the height of the proposed addition shall not exceed a maximum height of 22.41', as measured from the finish grade adjacent to the lowest foundation (97 1') to the highest ridge (119.43'), and 19.28', as measured from the highest elevation covered by structure (94 12') to the highest ridge. HEIGHT CERTIFICATION REQUIRED BY A LICENSED CIVIL ENGINEER OR SURVEYOR. A 7 9 The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as required by the RS -4 zoning district (proposed 41 %) All structures located within the required twenty (20) foot front yard setback area shall not exceed a height of forty-two (42) inches in height The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 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 P.0 Resolution No 2002-1 Exhibit "A" — Conditions of Approval Page 1 of 2 significantly impairs views from neighboring properties. Therefore, City Staff finds that no foliage shall be removed under this application request. 10 The project shall substantially conform to the plans stamped approved with the effective date of this approval 11. No outdoor lighting shall be directed toward or results 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. 12. 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. 13. 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 14. In the event that a Planning requirement and a Building and Safety requirement are in conflict with one another, the stricter standard shall apply. 15. No grading is permitted with this approval 16. 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. 17. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to commencing work P.C. Resolution No. 2002-1 Exhibit "A" - Conditions of Approval Page 2 of 2