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PC RES 2004-034P.C. RESOLUTION NO. 2004-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION AND A MINOR EXCEPTION PERMIT (CASE NO. ZON2004-00164), FOR PROPERTY LOCATED AT 5416 LITTLEBOW. WHEREAS, on April 5, 2004, the applicant submitted a Height Variation application requesting to construct a 1,587 square foot two-story addition to an existing 1,929 square foot single-family residence On May 6, 2004, 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 The applicant submitted the additional information to the City on May 14, 2004, and, WHEREAS, the Height Variation application was deemed complete by staff on June 11, 2004, and, WHEREAS, on July 26, 2004, pursuant to the provisions of the Permit Streamlining Act, the applicant granted a 90 -day extension on the action deadline to the City Furthermore, the applicant requested a Minor Exception Permit to allow a 22 square foot portion of the addition to encroach 3'-11" into the front setback, 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 the Height Variation and Minor Exception Permit will 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 was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on July 27, 2004 and August 24, 2004, at which times all interested parties were given opportunities 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: That the approved project includes the construction of a 1,587 square foot two-story addition to a 1,929 square foot residence Furthermore, the approved project allows a 22 square foot portion of the addition to encroach 3'-10" into the front yard setback. P C Resolution No 2004-34 Page 1 of 7 Section 2: The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the City by obtaining 70% of the property owners' signatures within 100 feet and 25% of the signatures of the property owners within 500 feet of the subject site. Section 3: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City -designated viewing areas There are no public property viewing areas, as designated within the General Plan, within the vicinity of, or that look over, the subject site. Section 4: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the Municipal Code. Section 5: The Height Variation is warranted since the addition to the existing structure that is above sixteen feet in height, as defined in Section 17 02 040(B) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel Based on an analysis of the area, the only view impairment caused by the proposed structure is from the viewing area of 26630 Shorewood. However, this impairment is not considered significant due to the amount of impairment, as compared to the entire view. Section 6: The Height Variation is warranted since although view impairment exists from the viewing area of another parcel, it is determined not to be significant, as described in the previous section. Further, the proposed addition is designed and situated in such a manner as to reasonably minimize the impairment of a view. This was accomplished by minimizing the plate height within the residence and utilizing a low roof pitch. Section 7: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height, and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. In an analysis of the area, it is found that should the four adjacent parcels build to the same height as the applicant, they would not create any additional impairment due to the topography of the area PC Resolution No 2004-34 Page 2 of 7 Section 8: The Height Variation is warranted since the proposed structure complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character Based on an analysis of the area, it is found that the proposed structure is consistent with the character of the immediate neighborhood with respect to architectural style and materials, bulk and mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures Section 10: The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences A condition of approval has been added that requires the windows in the south bedrooms on the second floor to either be clerestory or translucent glass to address the privacy impacts to the neighbors With the implementation of this condition of approval, the privacy impact has been mitigated beyond a level of significance. Section 11: The Minor Exception Permit is warranted by a practical difficulty Inasmuch as an encroachment into the front yard setback is needed to maintain the neighborhood compatibly of the protect, a practical difficulty exists for the applicant Section 12: 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 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 September 8, 2004 Section 13: 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 approve the Height Variation and Minor Exception Permit to allow for the construction of a 1,587 square foot addition to a 1,929 square foot residence and a 3'-11" encroachment into the front yard setback (Case No. ZON2004-00164); 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. P.C. Resolution No 2004-34 Page 3of7 PASSED, APPROVED AND ADOPTED this 24th day of August 2004, by the following vote. NOES. iw(w ABSTENTIONS:ME ABSENT am Craig Mueller, Chairman 4oel Rojas, for of PI ing, Building and Code Enforcement, and, Secretary to the Planning Commission P C Resolution No. 2004- 34 Page 4 of 7 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2004-34) Height Variation and Minor Exception Permit (Case No. ZON2004-00164) Approval of this Height Variation and Minor Exception Permit 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 Budding 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. 9 All applicable permits required by the Budding and Safety Division shall be P.C. Resolution No 2004-34 Page 5 of 7 obtained by the applicant prior to the commencement of construction 10. At least 50% of the existing interior and exterior walls or existing square footage of the structure shall be retained by the approved project. Otherwise, any nonconformities existing at the time of Planning approval shall be corrected as a part of the project. In addition, neighborhood compatibility analysis will be required if not conducted as a part of the original Planning approval. Height Variation 11. The approval of this Height Variation allows for the construction of a 1,587 square foot addition to the existing 1,929 square foot residence. More specifically, the addition shall consist of 103 square foot addition to expand the east side of the garage and a new 1,484 second story 12. The approved project shall maintain a maximum 52% lot coverage. (Proposed 39%) 13. The proposed residence shall not exceed a height of 25 11', as measure from the lowest grade adjacent to the foundation/slab (103.87') to the ndgelme of the residence (128 98') and 24 33', as measured from the highest existing grade covered by structure (104.65') to the ndgelme 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 ROOF FRAMING/SHEETING INSPECTION. 14. The proposed structure shall maintain the following minimum setbacks - 15' rear (proposed: 38'-6"') 5' west side (proposed: 5') 5' east side (proposed: 9') 20' front (garage 16'-1" and 20' for all other portions of the residence) 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. In order to protect the privacy of the neighboring properties, the second story windows to the two south bedrooms shall adhere to the following provisions - a) The window on the west wall of the bedroom on the southwest corner of the second floor shall be a clerestory window The window on the south wall of the same room shall consist of translucent glass P C. Resolution No 2004-34 Page 6 of 7 b) The window on the south wall of the bedroom on the southeast comer of the second floor shall be a clerestory window. c) The window on the west wall in the upstairs center bedroom shall consist of translucent glass PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE PLANS SHALL BE MODIFIED TO REFLECT THE CHANGES TO MEET THIS CONDITION OF APPROVAL. Minor Exception Permit 16 The approval of this Minor Exception Permit allows a 22 square foot addition on the northeast corner of the garage to encroach 3'-11" into the front yard setback. P.0 Resolution No 2004-34 Page 7 of 7