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PC RES 2008-011 P.C. RESOLUTION NO. 2008-11 A RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE ES APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW (ZON2006®00631) TO CONSTUCT A 785FT2 1sr AND 2ND STORY ADDITION TO AN EXISTING SINGLE-STORY RESIDENCE LOCATED AT 32228 SCHOONER DRIVE. WHEREAS, on December 7, 2006, the applicant submitted an application for a Height Variation and Site Plan Review (Case No. ZON2006-00631), a request to construct an 147ft2 1St story addition and a 638ft2 2nd story addition to an existing single-story residence; and, WHEREAS, on October 16, 2007, the applications for Height Variation 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 the Height Variation and Site Plan Review, 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 noticed issued on October 17, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 11, 2007, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on December 11, 2007 the Planning Commission continued the meeting to February 26, 2008 to allow the applicants additional time to address the concerns raised during the meeting; and, WHEREAS, the Planning Commission held a public hearing on February 26, 2008, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on February 26, 2008, the Planning Commission continued the meeting to March 11, 2008 to allow the applicants additional time to address the concerns raised during the meeting; and, WHEREAS, the Planning Commission held a public hearing on March 11, 2008, 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 an 147ft2 addition to the 1St floor and a 638ft2 addition to the 2nd floor to an existing single-story residence. The proposed structure height is 20', as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline; and 17.65', as measured from the existing grade at the highest elevation of the existing building pad area covered by the structure to the ridgeline. Resolution No. 2008-11 Page 1 of 5 Section 2: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 32% of the signatures within a 500' radius and 77% of the signatures within a 100' radius of the project site. Section 3e That the Height Variation is warranted since the proposed addition that is above 16' in height does not significantly impair a view from public property (i.e. 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. Specifically, Ladera Linda Park is located at a higher elevation north of the subject property and has an ocean view to the south. Given that the proposed site is located significantly lower in elevation than Ladera Linda Park; the ocean view will not be impaired. Section 4e That the Height Variation is warranted since the proposed additions are not located on a ridge or a promontory. The subject property is located within a fully developed single-family residential tract that is not located on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted since the proposed addition to the existing structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Views in the area are generally of the ocean in the southerly direction. As such, the proposed project does not impair the views from the residences located east, west, and south of the subject property. The view from the living room of 32214 Schooner Place, located north of the subject property currently has a small ocean view (south) over the 16' height that would be slightly impaired by the proposed roofline of the subject property. The view of Catalina Island is not obstructed and the amount of ocean view that would be impaired is not significant when compared to the entire view frame. Section 6e That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. The analysis of cumulative view impairment is performed by assessing the amount of view impairment resulting from the proposed structure over 16' together with the amount of view impairment that would result by the construction on other parcels with similar additions that exceed 16' in height. In accordance with the City Height Variation guidelines, 4219 Dauntless Drive, 4121 Dauntless Drive, and 4107 Dauntless Drive, all located on the same side of the street as the subject property, were included in the cumulative view analysis. The height increase to 17.65' from the highest existing grade on 4219, 4121 and 4107 Dauntless Drive is minimal and will not cause significant view impairment from the viewing area of the neighboring properties. Section 7: That the Height Variation is warranted since the proposed additions comply with all other code requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 8: That the Height Variation is warranted since the proposed additions are compatible with the immediate neighborhood character. Based on the analysis of the area, it is found that the proposed resulting structure is consistent with the immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. Resolution No. 2008-11 Page 2of5 Section 9: That the Height Variation is warranted since the addition to the existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The applicant is proposing a single-hung window to the rear of the easterly fagade that may potentially result in an unreasonable infringement of the privacy of the occupants of 4121 Dauntless Drive (Beauvais). Since the easterly abutting neighbor (Beauvais) has a spa in the rear yard, a condition has been added so that said window shall be fixed with translucent glass material to mitigate the possible adverse privacy impact. Section 10: That the proposed single-story addition that does not exceed 16' in height complies with the Development standards in Title 17 of the Municipal Code. Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, March 26, 2008. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on March 26, 2008. Section 12: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Height Variation and Site Plan Review to allow for the construction of an 785ft2 1St and 2nd story addition to an existing single-story residence (Case No. ZON2006- 00631); 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 11th day of March 2008, by the following vote: AYES: Commissioner Lewis, Rnttenber8, Tomblin, Chairman Gerstner NOES: Commissioner Knight, Tetreault ABSTENTIONS: None RECUSALS: bone ABSENT: Commissioner Perestax Bill Gerstner, Chairman Joel jas, Director of Pla Hing, Building and Code Enforcement; and, Secretary of the Planning Commission Resolution No. 2008-11 Page 3 of 5 Exhibit "®a" Conditions of Approval Case No. Z N2006-00631 (Height Variation and Site Plan Review) 32228 Schooner Place General 1. Approval of this Height Variation 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 approval shall become null and void after 1 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, 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. 3. 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or 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. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 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. Resolution No. 2008-11 Page 4 of 5 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Height Variation and Site Plan Review 10. This Height Variation and Site Plan Review allow the construction of an 147ft2 single- story addition and a 638ft2 second story addition to an existing single-story residence. 11. The height of the additions shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the additions shall not exceed 20', as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure; and 17.64', as measured from the existing grade at the highest elevation of the existing building pad area covered by the structure to the ridgeline. . 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. 12. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20' front, 15' (17' proposed) rear, and 10' (12' proposed) street side and 5' (13' proposed) interior side. 13. The single-hung window to the rear of the easterly fagade shall be fixed with translucent glass material. 14. The garage shall maintain a minimum interior clearance of 18' (width) by 20' (depth). 15. The approved project shall maintain 28%, but in no case shall exceed 45% maximum lot coverage. 16. A foliage analysis conducted by staff revealed that a fruit tree and several Ficus trees located along the easterly property line significantly impair the ocean view from the living room of 32214 Schooner Drive. Trim and maintain all foliage along the easterly property line (Ficus &fruit tree)to the height of the proposed easterly ridgeline (17.65). 17. The Orange Tree located at the top of the slope in front of the neighbor's master bedroom window shall be removed prior to Building Permit Issuance. Resolution No. 2008-11 Page 5 of 5