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PC RES 2005-048 P.C. RESOLUTION NO. 2005-4 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHOL VERDES ENYING WITHOUT PEJU ICE CASE ZON2005-00016, A HEIGHT VARIATION AND SITE PLAN REVIEW FOR 1,524 SQUARE FEET OF ONE-STORY AND TWO-STORY ADDITI T N EXISTING ONE STORY RESIDENCE, RESULTING IN A 3,787 SQUAREFOOT STRUCTURE MEASURING 23-FEET IN OVERALL HEIGHT, AT PROPERTY L C TE T 4394 DAUNTLESS DRIVE. WHEREAS, the subject property at 4394 Dauntless Drive, is located within the area "outlined in blue" of the City's landslide moratorium area; and, WHEREAS, on October 12, 2004, the Director of Planning, Building and Code Enforcement approved Case No. ZON2004-00059, a Landslide Moratorium Exception Permit for the construction of one-story and two-story additions to an existing single-family residence and attached garage, as permitted by Municipal Code Section 15.20.040.x, thereby allowing the submittal of the required height variation permit and site plan review applications for consideration, review and analysis of the proposed two-story addition; and, WHEREAS, on January 10, 2005, the applicant Jure Sestich, representing property owners Frank and Lisa Matura, submitted Case No. ZON2005-00016, Height Variation and Site Plan Review applications for 1,594 square feet of one-story and two-story additions to an existing one-story residence; and, WHEREAS, on January 25, 2005, the project was deemed incomplete pending submittal of additional information; and, WHEREAS, upon submittal of the required information, the construction of the temporary silhouette and submittal of the silhouette certification form, the case was deemed complete by Staff on July 31, 2005; and, WHEREAS, due to modifications to the project that delayed construction of the silhouette, the applicant agreed to a one-time 90-day extension of the processing deadline imposed by the State's Permit Streamlining Act, thereby extending the action deadline to December 28, 2005; 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. ZON2005-00016 would have a significant effect on the 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 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 November 22, 2005, 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: On November 15, 2005, the City Council took action by placing a 60- day moratorium on the processing of all applications in the area "outlined in blue", and directed the City Geologist to conduct a review of relevant geotechnical information for this area. Section 2: Since the subject property is located in the area"outlined in blue"of the City's landslide moratorium area, it is subject to the City Council action taken on November 15, 2005. Section 3: For the foregoing reason 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 denies without prejudice Case No. ZON2005-00016 for a Height Variation and Site Plan Review application for one-and two- story addition to an existing one-story residence. Section 4: 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 December 7, 2005. PASSED, APPROVED, AND ADOPTED this 22"d day of November 2005, by the following vote: AYES: Commissioners Golida, Karp, Perestam, Vice Chairman Knight, Chairman Tetreault NOES: None ABSTENTIONS: None ABSENT: Commissioners Mueller and Gerstner Paul Tetreault Planning Commission Chairman Joel jas, AICP Dire or of Planning B ilding and I Code of rcement; nd, Secretary to the Planning Commission P.C. Resolution No. 2005-48 Page_2