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PC RES 2004-025A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2003-00617, A HEIGHT VARIATION FOR A TWO-STORY STRUCTURE THAT INCLUDES A NEW DETACHED 672 SQUARE FOOT THREE -CAR GARAGE WITH A 672 SQUARE FOOT GUEST ROOM OVER THE NEW GARAGE AT THE REAR OF A DEVELOPED PARCEL LOCATED AT 3410 STARLINE DRIVE. WHEREAS, on November 14, 2003, the property owner, Vincent Zancich, submitted a Height Variation (hereinafter referred to as ZON2003-00617), requesting approval for a two-story detached structure at an overall height of 24 -feet, for property located at 3410 Starline Drive; and, WHEREAS, on December 8, 2003, the application was deemed incomplete pending the submittal of additional information and the construction and certification of the required temporary silhouette; and, WHEREAS, on May 6, 2004, upon submittal of the required information, including the construction and certification of the temporary silhouette, Staff deemed the application generally complete for processing; 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 ZON2003-00617 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) since the project involves the construction of additions to an existing single-family residential structure, 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 June 8, 2004, at which time all interested parties were given an opportunity to be heard and present evidence, and, 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 81 5% of the property owners within 500 -feet of the subject property, who have reviewed the plans. Section 2: The proposed new structure that is above sixteen feet in height 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 or promontory as there are other parcels with varying pad elevations. Further, the subject parcel is not located on a hilltop or elongated crest, and it is not located on a mass of land which overlooks or projects onto a lowland. Section 4: The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The subject property is not readily visible and the proposed two-story structure does not encroach into any viewshed since the residences on either side do not contain views in the direction of, or over the subject property, and the properties to the rear are located upslope of Crest Road and over 100 -feet higher in elevation than the subject property Section 5: There is no view impairment resulting from the proposed two-story structure due to the topography and development of the area, which results in the two-story structure not projecting into any viewshed. Section 6: The proposed two-story structure will not contribute to cumulative view impairment since the subject property is not within any viewshed. Section 7: The proposed two-story detached structure complies with all other Code requirements in that all the development standards of the RS -2 district are met. Section 8: The proposed two-story detached structure is compatible with the immediate neighborhood character, since it will blend with the existing residence, and will not introduce new materials or features to the neighborhood. Further, the structure will not result in a bulky or massive appearance, since due to the topography, development of the area and the location of the project, the structure will not be readily visible Section 9: The proposed new structure that is above sixteen feet in height does not create an unreasonable infringement on the privacy of the occupants of abutting residences due to the topography of the area. Section 10: Any interested person 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 final action P C. Resolution No. 2004-25 Page 2 Section 11: 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- 00617, a Height Variation for a two-story detached garage with a second story guest room above, subject to the conditions contained in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED this 8th day of June 2004, by the following vote. AYES Gerstner, Karp, Knight, Tetreault NOES. None ABSTENTIONS None ABSENT: Cote, Mueller, Van Wagner Joel qoras, ACP D'recor of PI nn n? , Building and Cddo'EnforC nt, and, Secretary to the Planning Comm ission I -For Craig Mueller Chairman P.C. Resolution No. 2004- 25 Pagi;_3 Exhibit "A" Conditions of Approval Case No. ZON2003-00617 (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 the construction of a new detached two-story structure; specifically, a 672 square foot 3 -car garage with a 672 square foot guest room above the new garage, and a new 171 square foot covered entry with staircase to the second story 4 The following minimum setbacks shall be maintained* • Front yard 20'-0" minimum (proposed no change) • Interior side yard: 5'-0" minimum (proposed: 5 -feet) • Rear yard: 15'-0" minimum (proposed: 15 -feet) SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A REAR AND SIDE YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT PRIOR TO THE POURING OF FOOTINGS. 5. The maximum overall height of the new two-story structure is limited to 24 -feet, as measured from the lowest finish grade to the highest ridgeline SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 6 The existing attached garage shall not be converted or in any way modified prior to Planning Department approval. 7. Since approval is for a guest room, and not a second unit, a minimum of two enclosed garage spaces shall be maintained on the property, 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. P C Resolution No. 2004-25 Page 4 8. Prior to the issuance of a building permit, the property owner shall record a second unit covenant on the property, which prohibits a second dwelling unit on the property unless all provisions of Municipal Code Section 17.10 are met. 9 No improvements, grading or structures shall be allowed on the transitional slope at the rear of the parcel, unless separate approval has been granted by the City. 10. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval 11. 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: 39.3%). 12 Prior to building permit final, vines or shrubbery shall be planted at the base of the existing chainlink fence along the north side property line, and shall grow within the fence to the satisfaction of Staff. 13. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 14 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. 15 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. 16. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 17. 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 18 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 C. Resolution No. 2004-25 Page 5