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PC RES 2013-026 P.C. RESOLUTION NO. 2013-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION FOR A 480FT2 SECOND STORY ADDITION AND A 120SF BALCONY TO AN EXISTING TWO-STORY RESIDENCE LOCATED AT 28925 MORO BAY DRIVE (ZON2013-00231). WHEREAS, on June 11, 2013, the applicant submitted a Height Variation application, requesting approval to construct a second story addition and balcony to an existing two-story residence; and WHEREAS, on June 14, 2013, Staff deemed the proposed project incomplete based on insufficient information; and, WHEREAS, on September 30, 2013, after receiving additional information and subsequent reviews, Staff deemed the project complete; and, WHEREAS, a notice was published on October 10, 2013, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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), the Planning Commission found no evidence that the Height Variation will have a significant effect on the environment and, therefore, the project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, the Planning Commission held a duly noticed public hearing on November 12, 2013, 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: A Height Variation to allow the construction of a 23'-2" tall 480ft2 two-story addition, a balcony and the legalization of a 133ft2 of undocumented square footage to an existing two-story residence can be warranted because: A. The applicant has complied with the early neighbor consultation process established by the City by collecting 33% of the landowner signatures within the 500' radius and 77% within the 100' radius. B. The proposed addition to an existing structure that is above 16' 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, since none exist in close proximity. P.C. Resolution No. 2013-26 Page 1 of 5 C. The proposed new structure is not located on a ridge or a promontory, as defined in the Development Code. D. The area of the proposed new 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 because the building pads of the neighboring properties are either at the same level or significantly higher than the subject property. E. There is no significant cumulative view impairment caused by granting the application because there is no view impairment caused by the proposed project. F. The proposed structure complies with all other code requirements, including but not limited to setbacks and open space restrictions, as well as any specific conditions associated with the pertinent tract approval. G. The proposed structure is compatible with the immediate neighborhood character, including scale, architectural style and setbacks. The resulting square footage, including the proposed second story addition and the undocumented square footage will remain smaller than the average structure size. Additionally, there will be no changes to the existing lot coverage as the proposed addition will be above the existing first story footprint. Also, the proposed addition will match the existing architectural style, materials and colors of the existing residence, which includes wood siding, asphalt shingle gable roof, stucco exterior finish and metal railing. Furthermore, the extended roof eaves of the second story addition, the balcony addition to the front and the recessed fagade to the rear help minimize the apparent bulk or mass of the resulting residence. While the proposed addition will be V-2" taller than the existing residence, given that the proposed addition will be located away from the street towards the hill and behind the existing two-story portion of the house, the increase in height will not be readily visible. Also, the balconies are not uncommon along the front fagade as there are existing homes with similar designs along Mistridge Drive. Lastly, there will be no changes to the existing setbacks and therefore the proposed project will not cause any impacts to the established setback pattern of the neighborhood. H. The proposed new structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. More specifically, there is already a large window on the existing second floor facing west; therefore the new small window facing the same direction will not create additional privacy impacts. Additionally, the new windows along the south fagade face a tall hill and therefore will not create privacy impacts. The proposed glass doors and balcony area to the east will face the front yard/street area, where there is no expectation of privacy. Section 2: 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, November 27, 2013. A $2,275.00 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 November 27, 2013. P.C. Resolution No. 2013-26 Page 2 of 5 Section 3: 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 a Height Variation for the construction of a 480ft' second story addition, a balcony and the legalization of 133ft' of existing undocumented area to an existing two-story residence at 28925 Moro Bay Drive (Case No. ZON2013-00231). PASSED, APPROVED AND ADOPTED this 12'h day of November 2013, by the following vote: AYES: Commissioners Gerstner, Nelson, Tetreault, Vice Chairman Leon, Chairman Emenhiser NOES: None ABSTENTIONS: None RECUSALS- None ABSENT, Commissioners Lewis, Tomblin -ffmenhiser Chairman Joel Roos, ICP Comm pity IDevelop t Director and Secretq the Plan ing Commission P.C. Resolution No, 2013- 26 Page 3 of 5 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR ZON2013-00231 28925 Moro Bay Drive General Conditions, 1 Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to conducting any work in the public right of way, such as for curb cuts, clumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17,86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. P.C. Resolution No. 2013-26 Page 4 of 5 10. The construction site and adjacent public and private properties and streets 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. 11. Permitted hours and days for construction activity are 7:00 AM to 7.-00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code, Trucks 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 in this condition. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14, This approval is for a 4 80ft2 second story addition, a balcony and the legalization of 133ft2of existing undocumented area to an existing two-story residence. 15. The maximum height of the approved project is 23'-2". BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 20.9% lot coverage (50% proposed). 17. The approved residence shall maintain setbacks of 20' front (NE), 15' rear (W & S), 5' sides (N & E). P.C. Resolution No. 2013-26 Page 5 of 5