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PC RES 2004-001P.C. RESOLUTION NO. 2004-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A VARIANCE AND SITE PLAN REVIEW (CASE NO. ZON2003-00312), THEREBY PERMITTING THE CONSTRUCTION OF A 574 SQUARE FOOT ADDITION AND A 1,557 SQUARE FOOT RAISED DECK TO AN EXISTING 2,319 SQUARE FOOT SINGLE FAMILY RESIDENCE, AND PERMITTING PORTIONS OF THE ADDITION TO ENCROACH 5'- 10" INTO THE FRONT YARD SETBACK, FOR PROPERTY LOCATED AT 4043 ADMIRABLE. WHEREAS, on June 12, 2003, the applicant submitted an application for a Variance and Site Plan Review, requesting to construct a 574 square foot addition to the existing 2,319 square foot single-family residence, a raised deck in the rear and side yard, a deviation from the front yard setback, and a deviation in the maximum allowable fence height, and, WHEREAS, on July 11, 2003, staff completed the initial review of the proposed plans, at which time the application was deemed incomplete due to missing information on the protect plans and/or applications. This additional information was submitted to the City on August 20, 2003; and, WHEREAS, on September 19, 2003, the applications Variance and Site Plan Review were deemed complete by Staff; 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 Variance 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 Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on October 28, 2003, November 11, 2003, December 11, 2003, and January 13, 2004, 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: That the approved project includes the construction of a 574 square foot addition to an existing 2,319 square foot residence and a 1,557 square foot raised deck in the rear yard and side yard of the residence. Additionally, the approved project P C Resolution No 2004-01 Page 1 of 6 allows a 145.75 square foot portion of the addition to encroach 5'-10" into the required 20'-0" front yard setback. Section 2: The Variance is warranted since there is an exceptional or extraordinary circumstance applicable to the property, which does not apply generally to other properties in the same zoning district The subject property was originally developed in manner that has limited the ability of the property owner to construct a single story addition, without deviating from the front setback In a review of other properties in the Seaview tract, it has been found that this condition is not generally applicable in the area. Section 3: The Variance is warranted since it is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners under like conditions in the same zoning district As noted in the previous section, due to the nature of the original development of the subject site, the property owner has a limited area to add a single story addition to the existing residence Inasmuch as other property owners in the area have constructed additions, it is found that the deviation from the required front yard setback is necessary for the property owner to construct an addition to enjoy a larger structure size, just as other property owners in the area. Section 4: The Variance is warranted since granting the deviation in the front yard setback will not be materially detrimental to the public welfare or injurious to property and improvements in the area. Due to the width of the street and parkway provided, the structure will not create a dramatic closed in appearance as viewed from the street, thus will not create a negative aesthetic appearance to the neighborhood. Furthermore, the proposed addition is required to meet all requirements of the Building Code, regardless of the setback; therefore, will not create a materially detrimental effect to public safety. Section 5: The Variance is warranted since allowing the deviation will not be contrary to the objectives of the General Plan It is a policy of the General Plan to "prohibit encroachment on existing scenic views reasonably expected by neighboring residents" (page 78). Inasmuch as the applicant has requested the front yard deviation, in lieu of creating a second story that may encroach into another properties view, the proposed addition is consistent with this General Plan policy, thus not contrary to the objectives of the General Plan. Section 6: The Site Plan Review for the addition is warranted since the proposal, with implementation of the adopted conditions of approval, meets all of the requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Additionally, the Site Plan Review is warranted to allow the construction of a raised deck in the side yard setback since it will not create a significant adverse impact. 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, 17.66.060, 17.72.100, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes P.C. Resolution No. 2004-01 Page 2 of 6 j Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than January 28, 2004. 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 Variance to allow a portion of the addition to encroach 5-10" into the front yard setback, and approves the Site Plan Review to allow for the construction of a 574 square foot addition to an existing 2,319 square foot residence and raised deck in the rear and side yards of the property, 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 PASSED, APPROVED AND ADOPTED this 13th day of January 2004, by the following vote AYES COTE, CARTWRIGHT, LYON, MUELLER NOES NONE ABSTENTIONS NONE ABSENT NONE L;Craig Mueller, Vice Chairman Joe Rojas, Ai P Dire tar of Pi nni g, Building and Code Enforcement, and, Se etary tot lanriing Commission P.0 Resolution No 2004-01 Page 3 of—6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2004-01) Variance and Site Plan Review (Case No. ZON2003-00312) General Approval of this Variance and 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. 2 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 3. 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 4 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 5. 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. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department 7. 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. 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply P C Resolution No. 2004-01 Page 4 of 6 9. The applicant, prior to the commencement of construction, shall obtain all applicable permits, required by the Building and Safety Division. 10. No grading is permitted with this approval. Variance 11. Approval of the Variance allows a 5'-10" deviation in the front yard setback. More specifically, the 145 75 square foot addition on the southwest side of the residence is permitted to encroach 5'-10" into the required 20' front yard setback All other portions of the structure shall comply with the minimum setback requirements. Site Plan Review 12 The approval of the Site Plan Review allows for the construction of 574 square feet of addition, which includes a 182.75 square foot addition to the front of the garage, 37 5 square foot addition to the entry, 94 square foot addition on the northwest corner of the residence, 145 75 square foot addition on the southwest side of the residence, and a 114 square foot addition on the northeast corner of the residence. Furthermore, the Site Plan Review allows the construction of a 1,557 square foot raised deck on the western half of the rear yard and the west side yard 13 In order to protect the privacy of the property owner at 4055 Admirable, the applicant shall either submit revised plans that do not include the raised deck in the side yard setback, or shall plant and maintain a seven -foot tall hedge along the west property line (between the front facade of the residence and the rear yard transition slope). Should the applicant determine to the latter option (plant the hedge), the applicant shalt plant and planning staff shall inspect the hedge prior to the issuance of building permit final. 14. The proposed structure shall maintain the following minimum setbacks: 15' rear (proposed- 51'-6") 5'-0" west side (proposed. 5"-4") 5'-0" east side (proposed 8'-7") 14'-2" front (proposed 14'-2") FRONT YARD SETBACK 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 POURING OF FOUNDATIONS. 15 The proposed residence shall not exceed a height of 16', as measured from the lowest grade adjacent to the building foundation/slab (277.16') to the highest ndgeline of the residence (293.16'), and 15 22', as measured from the highest P.C. Resolution No 2004-01 Page 5of6 grade adjacent to the foundation/slab (277.94') 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. P C Resolution No 2004-01 Page 6 of 6