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PC RES 1990-052P.C. RESOLUTION NO. 90-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO. 66$ THEREBY APPROVING THE PROJECT AT 4115 MIRALESTE. WHEREAS, on May 11, 1990, the Director of Environmental Services denied Height Variation No. 668 for a two story addition to a maximum height of 23'0" at 4115 Miraleste based on Staff's findings that there would be a significant "far" view impairment for the proposed addition. WHEREAS, on May 15, 1990, the applicants, Mr. and Mrs. Gary Chaffin, filed an appeal of the Director's decision to the Planning Commission within 15 days of the decision of the Director of Environmental Services; and WHEREAS, on August 14, 1990, the Planning Commission held a public hearing and directed the applicant to redesign the second story to minimize the view impairment to 6533 Via Lorenzo and to bring the redesign back to the Commission within 60 days. WHEREAS, the applicant constructed an auxiliary space frame in addition to the frame of the proposed project at a height of 16' over the entire existing single story structure. WHEREAS, on August 25, 1990, Staff conducted another view analysis from the view windows at 6533 Via Lorenzo, 6537 Via Lorenzo and 4004 Via Vico using both the frame at 23 feet and the auxiliary frame and found that the view would be completely eliminated if the structure were proposed at or slightly below 16 feet, which would be allowed per the City's Development Code. WHEREAS, The applicant has chosen not to redesign the project. WHEREAS, after notice pursuant to the City's Development Code, the Planning Commission held a public hearing on October 9, 1990, 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 pursuant to Section 17.02.040 of the Development Code guidelines, the applicants have complied with the provisions set for early neighborhood consultation, in that they discussed the proposed project with the residents of each of the immediately adjacent lots and written notice of the application was mailed to the 91 residences within a 500 foot radius of the 0 01 site on March 21, 1990, with two of the notices being returned. The Homeowners Association for this portion of the City was also notified of the project. Section 2: That the applicant constructed a temporary space frame of the outline of the proposed addition, the height and location of which were verified by staff. Section 3_: That the structure does not significantly impair a view or vista from public property (parks, major thoroughfare, bikeway, walkway, equestrian trial, etc.) which has been identified in the City's General Plan, Coastal Specific Plan, or City -approved viewing area. Section 4: That the proposed structure is not located on a ridge or promontory. Section 5: That the proposed structure is designed and situated in such a manner as to minimize view obstruction in that there is no significant view impairment. Section 6: That the portion of the proposed addition over 16 feet in height does not significantly impair the views from the viewing areas of 6533 Via Lorenzo, 6537 Via Lorenzo or 4004 Via Vico which were identified as having "far" views over the subject residence from the bedroom, laving room, and kitchen as set forth in the City's Development Code. Section 7_: That based upon photographic analysis of the vicinity, the proposed structure is compatible with the character of the immediate neighborhood in the front yard setbacks and architectural style and materials are consistent with the surrounding neighborhood. Section 8: That there would be no significant cumulative impact caused by granting the application since the only isolated "far" views are impaired by the proposal. Section 9: That based upon an analysis set forth in the accompanying staff reports, the proposed structure, when considered exclusive of existing foliage, does not significantly impair any view from residences in the vicinity. Section 10: For the foregoing reasons and based on information and findings included in the staff report, minutes, and evidence presented at the public hearing, the Planning Commission hereby upholds the appeal of Height Variation No. 668, overturning the Director's of Environmental Services decision to deny the second story addition to the residence, thereby approving the project. PASSED, APPROVED, and ADOPTED this 9th day of October 1990. P.C. Resolution No. 90-52 Page 2 PASSED, APPROVED, and ADOPTED this 9t. da if be -ober. 990. Cobert McN t/ Chairman /d./[4:1' ob rt enar Director of Environmenta Services and Secretary to the Commission P.C. Resolution No. 90-52 Paae 3 EXHIBIT "A" 1. A City Landscape Covenant to maintain property to protect views shall be recorded prior to permit .issuance. 2. The maximum height of the project shall not exceed the APPROVED HEIGHT OF 23'-0". 3. No change to the existing foot print of the residence is approved. THIS CLEARANCE IS NOT INTENDED FOR A TEAR DOWN RE- BUILD OF EXISTING RESIDENCE. 4. Planning Clearance shall be void 180 days after the approval date, unless a request for extension is submitted prior to expiration. P.C. Resolution No. 90-52 Page 4