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PC RES 2003-019P.C. RESOLUTION NO. 2003-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE VARIANCE APPLICATION ASSOCIATED WITH CASE NO ZON2002-00388, A REQUEST TO INCREASE THE OVERALL HEIGHT OF A RESIDENCE FROM 30.66 -FEET TO 33.48 -FEET FOR PROPERTY LOCATED AT 6512 NANCY ROAD. WHEREAS, on August 2, 2002, the applicant Raul Podesta representing property owners Joe and Cristina Rich, submitted Case No ZON2002-00388, a Height Variation application for a 3,788 square foot two-story addition at the rear of the existing 3 -story residence, and, WHEREAS, on August 21, 2002, the application was deemed incomplete pending the submittal of additional information, and, WHEREAS, upon submittal of the additional information, submittal of a Variance application and a Grading Permit application, and the verification of the temporary silhouette, the applications were deemed complete by Staff on February 21, 2003, 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 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 Case No ZON2002-00388 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Facilities) since the project involves an addition to an existing residence, and, WHEREAS, on April 8, 2003, the Planning Commission continued the item to the April 22, 2003 Planning Commission, at the applicant's request; and, WHEREAS, on April 22, 2003, the Planning Commission continued the item to the May 13, 2003 Planning Commission, at the applicant's request; and, WHEREAS, on May 13, 2003, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence, and at said meeting, the Planning Commission denied the Variance .application associated with Case No ZON2002-00388 and continued the Height Variation and Grading Permit applications to the June 10, 2003 Planning Commission meeting, and, WHEREAS, on May 27, 2003, the Planning Commission considered adoption of the resolution to formalize the denial of the Variance application associated with Case No ZON2002-00388 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS 'Aft"N Section 1: The subject property does not contain an exceptional or extraordinary circumstance to warrant approval of a variance since there is an area adjacent to the southwest rear of the residence that can accommodate an addition that would not result in an increase to the overall height of the structure. Section 2: A variance is not necessary for the preservation of the property right to maintain or develop a single-family residence and accessory uses on the property since the subject property is already developed with a single-family residence and an addition can be constructed to the residence without the need for a variance Section 3: 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 the Variance application of Case No. ZON2002-00388, and continues the hearing for the Height Variation and Grading Permit applications to the June 10, 2003 Planning Commission so that the project can be revised in a manner that no longer requires a Variance application Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 80 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 June 11, 2003. PASSED, APPROVED, AND ADOPTED this 27th day of May 2003, by the following vote AYES: Cartwright, Cote, Lyon, Tomblin, Long NOES None ABSTENTIONS Duran Reed ABSENT' Mueller Z Joel Rojas,'AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission Thomas D. Long Planning Commission Cha P.0 Resolution No 2003- 19 Page 7-2