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PC RES 1994-047P.C. RESOLUTION NO. 94- 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO. 794 THEREBY APPROVING A REVISED SECOND STORY ADDITION TO A MAXIMUM UPSLOPE HEIGHT OF 23'- 6" AND A MAXIMUM DOWNSLOPE HEIGHT OF 26'- 811, SUBJECT TO CONDITIONS, AT 30824 CARTIER DRIVE WHEREAS, on December 21, 1993, the applicant submitted Height Variation No. 794 to the Department of Planning, Building, and Code Enforcement for a 2,128 square foot second story addition to a maximum upslope height of 261- 0" and a maximum downslope height of 291- 611; and, WHEREAS, on June 15, 1994, after the owner and the architect declined to further re -design the proposed addition (they had previously reduced the size of the addition by 180 square feet and lowered the ridge line by 11- 611), the Director of Planning, Building, and Code Enforcement Denied Height Variation No. 794 based on the finding that the proposed project was not compatible with the immediate neighborhood character; and, WHEREAS, the landowner filed a written appeal on June 20, 1994, within fifteen (15) days of the Director's decision of denial; and, WHEREAS, after due notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on July 26, 1994 and September 13, 1994, 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 provision set forth for early neighborhood consultation, in that they discussed the proposed project and obtained the signatures of 700 of the property owners within a 500 foot radius of the subject property. Section 3: That the proposed structure would not create significant or cumulative view impairment from the surrounding properties in the immediate neighborhood since the roof has been re -designed from a gabled to a hip roof and the upslope height of the ridgeline has been reduced from to 261- 011 to 231- 611 in height. Section 4: That the proposed structure is not located on a ridge or promontory. Section 5: That the architectural style, including facade treatments, structure height, roof design and apparent bulk and mass of the re -designed addition would be compatible with other existing residences in the neighborhood, since the front facade has been articulated, the upper level balcony has been setback further from the garage below, and the height of the covered entry was lowered by 51- 011. Section 6: The time within which the judicial review of the decision reflected in this Resolution, if available must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 7: 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. 794, thereby overturning the Director's Denial and Approving a 1,947 square foot second story addition at 30824 Cartier Drive. PASSED, APPROVED and ADOPTED this 13th day of September,1994. Bret4 Beard, -JCP Direc7or oy Planni/ig, Building and Code Enforcemdnt and Secretary to the Planning Commission Gilbert Alberio Chairman P.C. Resolution No. 94 -47 Page 2 of 4- • Exhibit "A" Conditions of Approval Height Variation No. 794 - Appeal 30824 Cartier Drive 1. Prior to submittal to the Building and Safety Division for plan check, the property owner shall submit a notarized Covenant to Protect Views and all associated fees to the Department of Planning Building and Code Enforcement. 2. Prior to the issuance of building permits, the landowner shall submit to the City and receive approval for a landscaping plan for the installation of vegetation at or near the rear property line to screen the project from the residences located upslope. The landscaping plan shall be reviewed by the Director of Planning, Building and Code Enforcement. The vegetation required in the approved landscaping plan shall be installed prior to the building permit final. 3. Prior to the building permit final, the landowner shall remove the six pine trees located in the rear yard of the property. 4. The following minimum setback shall be maintained for the first and second story additiont front yard: 201- 011 side yard: 51- 011 rear yard: 151- 011 5. The maximum eave projections into any required setback area shall not exceed 41- 011 per each one foot of required setback area. 6. The maximum height of the second story addition shall not exceed a height of 231- 611 (elevation 151.011), as measured from the highest point of existing grade covered by the structure (elevation 127.511), and shall not exceed a height of 261- 811, as measured from finished grade adjacent to the lowest foundation. Ridge Height Certification shall be required. 7. The lot shall maintain a minimum of 550 open space. 8. The bathroom windows located on the west elevation of the second story shall be constructed of an opaque material. P.C. Resolution No. 94 -47 Page 3 of 4 9. The completed project shall substantially conform to the plans stamped as received by the Planning Department on August 30, 1994,,including the roof configuration shown on said plans. 10. In the event that a Planning Division requirement and a Building and Safety Division requirements are in conflict with one another, the stricter standard shall apply. 11. The construction site shall be kept free of all loose materials resembling trash debris in the 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. (DSK 1112 [KK) HV794PC RES) P.C. Resolution No. 94 -47 Page 4 of 4