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PC RES 1993-034P.C. RESOLUTION NO. 93- 34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO. 777 THEREBY APPROVING THE NEW TWO STORY RESIDENCE TO A MAXIMUM HEIGHT OF 26'- 0" AT 7 AMBER SKY DRIVE. WHEREAS, Mrs. Angie Proctor and Mr. Kirk Hyde requested a Height Variation to allow a new two story residence at 7 Amber Sky Drive at the proposed height of 26'-011, as measured pursuant to Section 17.02.040 of the Development Code; and, WHEREAS, on July 30, 1993 the Director of Planning, Building, and Code Enforcement denied Height Variation No. 777 and, WHEREAS, Mrs. Proctor and Mr. Hyde, filed a written appeal on July 30, 1993, within 15 days of the Director's decision, to the Planning Commission; and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on September 14, 1993 and continued to September 28, 1993, 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 the provisions of the California Environmental Quality Act, (CEQA) and the City's local CEQA guidelines, the proposed project has been found to be categorically exempt (Class III). Section 2: That pursuant to Section 17.02.040 of the Development Code and the adopted Height Variation Guidelines, the applicant has complied with the provisions set forth for early neighborhood consultation, in that they discussed the proposed project and obtained the signatures of 71% of the neighbors located within a 500 foot radius of the subject property. Section 3: That the applicant erected a temporary space frame to represent the outline of the proposed addition; the height and location of which was verified,by Staff. Section 4: That the proposed structure does not significantly impair a view or vista from public property (parks, major thoroughfare, bikeway, equestrian trail etc.) which has been identified in the City's General Plan or City designated viewing area. Section 5: That the proposed structure is not located on a ridge or promontory. Section 6: That the structure is designed and situated in such a manner as to minimize impairment of a view, since only a small portion of the new ridgeline would be at the 26'-0" maximum height limit. Section 7: That there is a no significant cumulative view impairment caused by granting the application. Section 8: That the proposed structure, when considered exclusive of foliage, does not significantly, impair a view from the viewing area of another parcel, since the proposed new residence would only impair a small portion of the ocean view, leaving the horizon line, and Catalina Island unobstructed above the ridgeline. Section 9: That the new two story residence would have exterior finishes that are compatible with the other existing residences in the neighborhood. Although the proposed residences would be larger than other homes in the area, due to the large size of the lot, and the substantial setbacks between residential structures, the residence would be compatible with the neighborhood character of the area. Section 10: That the project complies with all other requirements of the Development Code. Section 11: For the foregoing reasons, and based on the information and findings included in the Staff Report, minutes and evidence presented at the public hearing, the Planning Commission of the City of Rancho Palos Verdes hereby upholds the appeal of Height Variation No. 777, thereby approving the proposed new two story residence at 7 Amber Sky Drive, subject to the conditions of approval in the attached Exhibit "A", which are necessary to protect and preserve the public health, safety, and welfare. P.C. Resolution No. 93 - 34 Page 2 of 4 6 PASSED, APPROVED and ADOPTED this 12th day of October 1993. Bret T B-41nar AICP Direcor Yf Pl2ning, Building, and Code Enforcement, and Secretary to the Commission Robert Katherman, Chairman P.C. Resolution No. 93 - 34 Page 3 of 4 Exhibit "A" Height Variation No. 777 - Appeal Conditions of Approval 1. The property owner shall submit a notarized Covenant to Protect Views to the Department of Planning, Building, and Code Enforcement, prior to the submittal of plans into building plan check. 2. The following minimum setbacks shall be maintained for the new two story residence: Front yard - 201- 0" Rear yard - 151-011 Side yards - 51- 011 for one side and 151-011 total for both sides. 3. Maximum eave projections shall not exceed 411 for each one foot of required setback. 4 4. Maximum height of the structure shall not exceed 261-011. Ridgeline Certification shall be required. 5. Grading for the new residence shall not exceed 20 cu. yds. (including cut and fill). 6. The lot shall maintain a minimum of 60% open space. 7. The construction shall substantially conform to the plans dated April 19, 1993, and presented to the Planning Commission on September 28, 1993. P.C. Resolution No. 93 - 34 Page 4 of 4