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PC RES 2004-043P.C. RESOLUTION NO. 2004-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2004-00366, A VARIANCE AND HEIGHT VARIATION PERMIT FOR 3,618 SQUARE FEET OF ADDITIONS TO AN EXISTING RESIDENTIAL STRUCTURE, RESULTING IN A 6,632 SQUARE FOOT STRUCTURE MEASURING 34.3 - FEET IN OVERALL HEIGHT FOR PROPERTY LOCATED AT 6512 NANCY ROOM WHEREAS, on July 9, 2004, Leslie Tillmann submitted a new Variance application and a Height Variation application (hereinafter referred to as ZON2004-00366) for 3,618 square feet of additions to an existing residence, and, WHEREAS, on August 4, 2004 the required temporary silhouette certification was submitted; and, WHEREAS, on August 9, 2004, Case No. ZON2004-00366 was deemed 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 Case No. ZON2004-00366 would have a significant effect on thO '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 i 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 September 28, 2004, at which time the Planning Commission continued the item to October 12,2004,and, WHEREAS, on October 12, 2004, the Planning Commission held a duly noticed public hearing, 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: There are exceptional or extraordinary circumstances or conditions applicable to the property, which do not apply generally to other property in the same zoning district. Specifically, the height of the existing residence is greater than the maximum permissible for the zoning district, and due to the topography of the property, any addition to the residence results in a lower grade elevation for measuring height, which results in a higher structure. Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right that is possessed by other property owners under like conditions in the same zoning district. The subject property is unique in that the existing residence already exceeds the height limitations of the Development Code, and due to the topography, any addition results in a lower grade elevation. Thus, to maintain the right to improve and add onto the residence, a variance is necessary. Section 3: Granting the variance will not be materially detrimental to the public's welfare or injurious to property and improvements in the area in which the property is located since the additions will be concentrated towards the rear and since the existing ridgeline will not be raised the appearance of the structure will remain the same. Further, the adjacent properties to the rear will not be affected due to the distance of the structures and the topography between them, while the adjacent properties to the sides will not be affected since they do not directly view the structure. Section 4: Granting the variance will not be contrary to the objectives of the General Plan Specifically, the General Plan states, "the goal of the City is to enhance the visual character and physical quality of existing neighborhoods" The additions will not be visible from the street, the resulting height of the structure will not be apparent from the street, and the front of the residence will continue to enhance the unique visual character of the Nancy Road neighborhood. Section 5: The owners complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 81 25% of the property owners within 100 -feet of the subject property and 45 2% 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 6: The proposed additions do 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 7: The property is not located on a ridge or promontory as there are other parcels with varying pad elevations that were terraced when initially constructed. Section 8: The proposed additions that are above sixteen feet in height do not significantly impair a view from the viewing area of another parcel since there are no views in the direction of, or over the subject property The properties on either side are not oriented towards the subject property, the parcels directly across the street from the subject property do not contain a view in the direction of the subject property due to the topography and development of the area, and the properties to the rear are located downslope of the subject property and do not contain views in the direction of the subject property P.C. Resolution No. 2004-43 Page 2 Section 9: There is no view impairment from the viewing area of another parcel because other properties do not contain views in the direction of the subject property due to the topography and development of the area. Section 10: 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 view impairment. Further, due to the topography and development of the area, the residences in the area do not contain views in the direction of the subject property. Section 11: The proposed structure complies with all other Code requirements in that all the development standards of the RS -3 Zoning District are met and the minimum setback requirements are exceeded. Section 12: 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. Further, the additions will not alter any governing setback that is prevalent in the neighborhood. Lastly, the additional size of the residence will not be apparent since it will be concentrated at the rear of the existing residence, and will therefore not appear bulky or massive. Section 13: The proposed structure will not result in an unreasonable infringement of privacy of the occupants of abutting residence since the project has been conditioned to not contain a roof deck over the entire garage, and has been conditioned to required the planting of foliage along the east side property line between the new addition and the rear property line. Section 14: 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 Case No ZON2004- 00366 for a Height Variation and Grading Permit, thereby allowing 3,618 square feet of additional area to the existing residence and allowing the resulting structure height at 34.3 - feet, 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. Section 15: 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 November 10, 2004. P.C. Resolution No. 2004-43 Page 3 PASSED, APPROVED, AND ADOPTED this 26h day of October 2004, by the following vote: AYES: Karp, Gerstner' NOES Mueller ABSTENTIONS. Tetrault, Perestam ABSENT Cote, Knight (traig Mueller Planning Commission Chairman Jo R jaS, AIC P 0 DVirc r of Pla g, Building and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No 2004-43 Page—4 1P a 71-V Conditions of Approval Case No. ZON2004-00366 (Variance &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 3,618 square feet of additions to an existing residence, resulting in a 6,632 square foot structure measuring 34 3 -feet in overall height Specifically, 1,803 square feet to the lower level (including garage), 1,491 square feet to the street level, and 324 square feet to the upper level. 4 The following minimum setbacks shall be maintained, • Front yard: 20'-0" minimum (proposed: no change to existing) • Side yard: 5'-0" minimum (proposed. 7'-0" east side / 14'-0" west side) • Rear yard: 15'-0" minimum (proposed: 49 -feet) 5 The new side entry two -car garage shall maintain a minimum 25 -foot side yard setback. 6 The lowest finish grade elevation for the addition shall be 620 00', located at the bedroom addition at the rear. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL AND DIRECTOR, AN AS -BUILT PLAN STAMPED BY A CIVIL ENGINEER IS REQUIRED PRIOR TO FINAL OF BUILDING PERMIT. 7. The maximum overall height of the structure is limited to 34.3 -feet, as measured from highest ridgeline of the residence (654.3') to lowest finish grade elevation (620 00') SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO FINAL OF BUILDING PERMIT. 8 The maximum ridgeline elevation of the addition to the upper level shall be limited to 654 3. 9. The maximum structure size of the residence, including garages, shall be limited to a total area of 6,632 square feet. Specifically, the lower level will contain 2,339 square feet (including garages), the street level will contain 2,643 square feet, and the upper P.C. Resolution No. 2004-43 Page 5 level will contain 1,282 square feet. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT IMMEDIATELY AFTER FRAMING OF STRUCTURE. 10. Future additions on the property shall be subject to Neighborhood Compatibility. 11 A minimum of three 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. 12 The maximum slope of the driveway shall be limited to 20% 13. The minimum unobstructed width of the driveway shall be 10 -feet. 14. The protect shall not contain a roof deck over the area of the reconstructed garage on the east side of the property, so that privacy infringement does not result upon the adjacent property on the east side located at 6516 Nancy Road 15 The applicant shall plant and maintain forage along the eastern property line in the area from the rear property line to the new addition. The foliage shall be planted so that privacy infringement does not result upon the adjacent property to the rear located at 4105 Lorraine Road 16 Construction of ttie protect shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval 17. Due to the subject property's location in the RS -3 zoning district, a maximum of forty- five (45%) percent lot coverage shall be allowed on the lot (proposed: 44%). 18 In the event that 'a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 19 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. 20 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 21 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. P C. Resolution No 2004-43 Page 6 NJ 22. 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, plies of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 23 The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback 24 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 25. 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 2004-43 Page 7