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PC RES 2003-048P.C. RESOLUTION NO. 2003-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING SITE PLAN REVIEW; DENYING, WITHOUT PREJUDICE, A HEIGHT VARIATION; AND DENYING, WITH PREJUDICE, A MINOR EXCEPTION PERMIT (CASE NO. ZON2003-00215), THEREBY PERMITTING THE CONSTRUCTION OF A 359 SQUARE FOOT ADDITION TO AN EXISTING 3,184 SQUARE FOOT SINGLE FAMILY RESIDENCE AND A FENCE WITH A MAXIMUM HEIGHT OF 42 -INCHES WITHIN THE INTERSECTION VISIBILITY TRIANGLE, FOR PROPERTY LOCATED AT 7316 VIA LORADO. WHEREAS, on April 30, 2003, the applicant submitted an application for a Height Variation, Minor Exception Permit, and Site Plan Review requesting to construct a 1,827 square foot two story addition to an existing 3,184 square foot one story residence and to permit an existing six-foot tail fence The Height Variation and Site Plan Review are to construct the proposed addition The Minor Exception Permit is to allow after -the -fact approval for a six-foot tall wrought iron, with pilaster, fence that is located between the fagade of the residence and the front and street -side property line, and, WHEREAS, on May 28, 2003, staff completed the initial review of the proposed plans, at which time the application was deemed incomplete due to missing information on the project plans and/or applications This additional information was submitted to the City on June 4, 2003, and, WHEREAS, on July 1, 2003, the applications for Height Variation, Minor Exception Permit, and Site Plan Review were deemed complete by Staff, and, WHEREAS, on October 1, 2003 the applicant submitted a revised project that decreased the addition to 1,129 square feet (156 square feet on the first floor and 973 square feet on the second floor); 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 Height Variation, Minor Exception Permit, and Site Plan Review, would 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, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on August 26, 2003, October 14, 2003, and October 28,2003, 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 P C Resolution No 2003-48 Page 1 of 5 Section 1: That the approved project includes the construction of a 359 square foot addition to an existing 3,184 square foot residence and a fence, with a maximum height of 42 - inches, within the intersection visibility triangle Section 2: The Height Variation is not warranted since the structure is not designed and situated in such a manner as to minimize impairment of a view The Planning Commission finds that situating the addition in a different location and/or manner can further reduce the view impairment caused by the second story addition Section 3: The Height Variation is not warranted since there is no significant cumulative view impairment caused by granting the application When considered with the adjoining four properties, the proposed second story causes significant cumulative view impairment to the properties at 30123, 30129, and 30135 Via Rivera Section 4: The Height Variation is not warranted since the proposed structure is not compatible with the immediate neighborhood character. Based on an analysis of the area, it is found that the proposed structure is not consistent with the character of the immediate neighborhood with respect to the structure size Section 5• The Minor Exception Permit is not warranted since there is no practical difficulty, unnecessary hardship, or inconsistency with the Development Code The subject property is a rectangular shaped lot that has a comparable size to other properties in the area. Furthermore, there are no other properties in the area, moreover corner properties, which have fences that exceed the allowable height Section 6: The Site Plan Review for the addition is warranted since the proposal meets all of the requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Additionally, the Site Plan Review to allow a fence, not to exceed a height of 42", in the intersection visibility triangle is warranted since the Director of Public Works has determined that such a fence will not impede the view of oncoming traffic Section 7: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 17 02 040, 17 72.100, 17 76 040(H) and 17.80 070 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 November 12, 2003. Section 8• For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Site Plan Review to allow for the construction of a 359 square foot single story addition to an existing 3,184 square foot residence, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area, denies, without prejudice, the Height Variation, and denies, with prejudice, the Minor Exception Permit (Case No ZON2003-00215) P C Resolution No 2003-48 Page 2 of 5 PASSED, APPROVED AND ADOPTED this 281h day of October 2003, by the following vote. AYES- CARTWRIGHT, DURAN REED, MUELLER, LONG NOES. NONE ABSTENTIONS: COTE, TOMBLIN ABSENT- LYON JoAl Fjas, Al P D&.ct'kr of PI nnin , Building and Code Enforcement, and, S�crary to tth anning Commission Thomas Long, Chairman P C. Resolution No 2003-48 Page 3 of 5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-48) Height Variation Site Plan Review (Case No. ZON2003-00215) The approval of the Site Plan Review allows the construction of a 126 square foot single story addition on the west side of the garage, a 233 square foot addition on the northeast corner of the residence, and a fence, up to a maximum height of 42" within the intersection visibility triangle, as depicted in the plans presented to the Planning Commission on August 26, 2003 2 Approval Site Plan Review 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 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 4 The approval shall become null and void after one (1) year from the date of this 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 5 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 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 7 Prior to the submittal of plans to Building Plan Check, the applicant shall submit three (3) sets of revised plans, which reflect the approved portions of this application only, to the Director of Planning, Building, and Code Enforcement 8 The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department 9 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 10 in the event that a Planning requirement and a Building & Safety requirement are in P C Resolution No 2003-48 Page 4 of 5 conflict with one another, the stricter standard shall apply 11 The applicant, prior to the commencement of construction, shall obtain all applicable permits, required by the Building and Safety Division 12. No grading is permitted with this approval 13 Prior to the issuance of building permits, all non -permitted structures shall be removed from the property This shall include, the non -permitted 273 square foot detached enclosed patio and the wrought iron fence with block pilasters, which is located between the fagade of the residence and the front and street side It should be noted, if the fence is reduced to a maximum height of 42", as measured from the adjacent grade, it will be considered to comply with this condition 14 The proposed structure shall maintain the following minimum setbacks 15' rear (proposed 19'-0") 5'-0" side (proposed 12'-0) 10'-0" street side (proposed 10'-0") 20'-0" front (proposed 21') 15 The proposed residence shall not exceed a height of 20', as measured from the lowest grade adjacent to the building foundation/slab to the highest ridgeline of the residence, and 16', as measured from the highest elevation of existing building pad adjacent to the foundation/slab to the highest ridgeline of the residence BUILDING HEIGHT CERTIFICATION IS REQUIRED A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE BUILDING PERMIT FINAL. 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