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PC RES 2003-030P.C. RESOLUTION NO. 2003-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2003-00143, A HEIGHT VARIATION PERMIT FOR A 443 SQUARE FOOT EXPANSION TO THE EXISTING SECOND STORY MEASURING 21'-10" HIGH, AND RESULTING IN A 4,481 SQUARE FOOT RESIDENCE (GARAGE INCLUDED) FOR PROPERTY LOCATED AT 2925 CREST ROAD. WHEREAS, on March 20, 2003, the applicant F J Rodriguez, representing property owner Terence Herft, submitted Case No ZON2003-00143, a Height Variation application for a 443 square foot expansion to the existing second story measuring 21'-10" high; and, WHEREAS, on April 16, 2003, the application was deemed incomplete pending the construction of the temporary silhouette; and, WHEREAS, upon verification of the temporary silhouette, the application was deemed complete by Staff on May 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. ZON2003-00143 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, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 8, 2003, 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: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 75% of the property owners within 100 -feet of the subject property and 43% of the property owners within 500 -feet of the subject property, who have reviewed the plans prior to filing the application with the City. Section 2; The proposed two-story addition does not significantly impair a view from public property which has been identified in the City's General Plan or Coastal Specific Plan as a City -designated viewing area because there are no such areas that overlook the subject property Section 3: The property is not located on a ridge and promontory as there are other parcels with varying pad elevations that were terraced when initially constructed. Section 4: The proposed second story expansion is designed and situated in a manner as to minimize impairment of a view. The properties to the north and the east do not contain views in the direction of the subject property. Further, the properties to the northwest (on Corina Drive) are located at substantially higher elevations where the addition cannot project into the views from these residences, while the properties due west (on Nanno Drive) are located at a lower pad elevation and are not oriented towards the subject property. Section 5: There is no significant cumulative view impairment caused by granting the application since the view analysis has determined that the project will not result in significant view impairment The adjacent residences are not oriented toward the subject property, while the residences across the street are either at a substantially higher elevation or are at a lower elevation and not in the direction of the subject property. If a second story addition similar to that proposed were to be constructed, the cumulative view impairment would not be significant due to the orientation and topography in the area Section 6: The proposed two-story addition, when considered exclusive of foliage, will not significantly impair a view from the viewing area of another parcel, due primarily to the orientation and topography of the lots within the neighborhood Section 7: The proposed structure complies with all other Code requirements in that all the development standards of the RS -4 Zoning District are met and the minimum setback requirements are exceeded. Section 8: The addition and resulting appearance will not significantly change the appearance of the immediate neighborhood and the residence will be compatible with the immediate neighborhood The architectural style, roofing material, exterior finishes, number of stories and building materials will be consistent with other homes in the neighborhood. Furthermore, the size of the residence is not a substantial deviation from the characteristics in the immediate neighborhood and it is mitigated since the addition will not be readily visible from the public rights-of-way. Section 9: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences because the second story windows are on the front and rear fagades, and not towards the side Section 10: 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 Case No. ZON2003- 00143 for a Height Variation application, thereby allowing a 443 square foot expansion to the existing second story up to a height of 21'-10" and resulting in a 4,481 square foot structure (garage included), subject to the conditions contained in Exhibit "A" attached P.0 Resolution No. 2003-30 Page 2 hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare Section 11: 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 July 23, 2003 PASSED, APPROVED, AND ADOPTED this 8th day of July 2003, by the following vote: AYES: Cartwright, Duran Reed, Long, Lyon, Mueller, Tomblin NOES None ABSTENTIONS• None ABSENT: Cote Jo I Rojas, AICD Dil� uilding and e�cto , of Plann4j, Co nforcement; and, Secretary to the Planning Commission Tom Long Planning Commission P C Resolution No. 2003-30 Page 3 Exhibit "A" Conditions of Approval Case No. ZON2003-00143 (Height Variation) 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The approval shall become null and void after one 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. 3. Approval is for a 443 square foot expansion to the existing second floor towards the north of the residence and over the existing breezeway. 4. The following minimum setbacks shall be maintained: • Front yard: 20'-0" minimum (proposed- 24'-5") • Side yard 5'-0" minimum (proposed: 25'-0" north) • Street side yard: 10'-0" minimum (proposed: no change) • Rear yard: 15'-0" minimum (proposed: 45-6") 5. The maximum overall height of the two-story addition shall be limited to 21'-10", as measured from ridgeline of the addition to the lowest grade elevation adjacent to the structure, which is located along the north elevation of the existing garage. 6. The maximum structure size of the residence, including garage, shall be limited to a total area of 4,481 square feet. Specifically, the 1,495 square foot first floor area will not be expanded, the 826 square foot garage area will not be expanded, while the existing 1,719 square foot second floor will be expanded by 443 square feet and will result in a 2,126 square foot second story. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT PRIOR TO FRAMING OF STRUCTURE. 7. A minimum of two enclosed garage spaces shall be maintained, with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9 - feet -wide by 20 -feet -deep by 7 -feet -vertical clearance 8. No improvements, grading or structures are allowed on the transitional slopes of the parcel. P.C. Resolution No. 2003-30 Page 4 9 Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 10 Due to the subject property's location in the RS -2 zoning district, a maximum of forty (40%) percent lot coverage shall be allowed on the lot (proposed. 28.4%). 11. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 12 All necessary permits required by the Public Works Department shall be obtained for all work including but not limited to the driveway approach, portion of the driveway, etc that encroach into the public right-of-way. 13. The hours of construction shall be limited to 7:00 a m to 7 00 p m., Monday through . Saturday. No construction shall be permitted on Sundays or on legal holidays. 14 The construction site and all adjacent private and public property 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, appliances or other household fixtures 15. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 16. The construction site shall be temporarily enclosed with a six (6-0") foot high chain-link fence during the length of construction of the residential structure. 17. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions P.0 Resolution No. 2003-31; Page 5