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PC RES 1995-035P.C. RESOLUTION NO. 95- 35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY DENYING HEIGHT VARIATION NO. 813 FOR CONSTRUCTION OF A 740 SQUARE FOOT SECOND STORY ADDITION TO A MAXIMUM HEIGHT OF 23'- 0" AT 6956 PURPLERIDGE DRIVE WHEREAS, on March 7, 1995, the landowners, Mr. and Mrs. Nyguen, submitted an application for Height Variation No. 813 to the Department of Planning, Building, and Code Enforcement for a 740 square foot addition to a maximum height of 231 - Off, as measured from the point of existing grade covered by the structure and 301-011 in height as measured from the grade adjacent to the lowest foundation to the ridge, for the property located at 6956 Purpleridge Drive; and, WHEREAS, on August 14, 1995, after the landowners declined to re -design the proposed addition to address the Staff's concerns regarding view impairment, the Director of Planning, Building, and Code Enforcement Denied Height Variation No. 813; and, WHEREAS, on August 15, 1995, the applicant filed a written appeal to the Planning Commission within fifteen (15) days of the Director's decision; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA guidelines, California Code of Regulation, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), the Staff found no evidence that Height Variation No. 797 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class I); 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 October 26, 1995, 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: 0 Section 1: That, pursuant to Section 17.02.040 of the Development Code and the adopted Height Variation Guidelines, the applicant has complied with the requirements for Early Neighborhood Consultation, since they discussed the proposed project with, and obtained the signatures from, 66% of the property owners within a 500 foot radius of the subject property. The Height Variation Guidelines require that the applicant contact at least 60% of the property owners within a 500 foot radius of the subject property. Section 2: That the structure does not significantly impair a view or vista from public property (parks, major thoroughfares, bike ways, walk ways, equestrian trails) which has been identified in the City's General Plan, Coastal Specific Plan or City designated viewing areas, since the subject property is not located near any such viewing areas and there are no public views available over the site. Section 3: That the subject property is not located on a ridge or promontory, since the subject property is located on a graded pad which is at the same approximate elevation as the surrounding properties. Section 4: That the proposed structure, when considered exclusive of existing foliage, would significantly impair a view from the viewing area of the upslope property located at 28915 Spruce Grove Drive. Section 5: That the proposed structure is designed and situated in such a manner that does not minimize impairment of a view, since the proposed addition would respect all minimum setback and open space requirements, and no protected views are available over the subject property. Section 6: That the proposed structure would result in significant cumulative view impairment, since the residence at 28915 Spruce Grove Drive has protected views over the subject property, and because the subject property is located on a street with gradually descending topography -- the ridgelines of any future second story additions on Purpleridge Drive would be substantially below the view, as seen from the properties along Spruce Grove Drive. Section 7: That the proposed structure complies with all other Development Code requirements, such as setbacks and open space. P.C. Resolution No. 95 -35 Page 2 of 3 Section 8: That the 740 square footage second story addition would not be compatible with the neighbor character since the addition would set so far back over the footprint of the existing residence and appears to be out of balance with the lower floor, which creates the appearance of a "pop- up" addition. Further, the proposed ridgeline of the addition does not match the roofline of the existing structure, particularly as viewed from the street. Finally, the minimal use of the windows and building articulation along the front facade also contribute to the massive and bulky appearance of the structure. Section 9: 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 10: For the foregoing reasons, and based on the information and findings included in the Staff Report, minutes, evidence presented at the public hearing and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby Denies the Appeal of Height Variation No. 813, thereby Upholding the Director's decision on the project, and denying a 740 square foot second story residence for the property located at 6956 Purpleridge Drive. PASSED, APPROVED and ADOPTED this 10th day of October 1995 by the following vote: Ayes: CommissionersAlberio, Vannorsdall,W rienec)k, ;i:a;ir�Hayes, and Chairman Noes: NONE Mowlds Abstentions: Commissioner Ferraro Absent: Commissioner Wang cmine Bret B. Ternard, AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission (KK [DSK#16]HV813 RES) ene Mowlds, III irman P.C. Resolution No. 95 - 35 Page 3 of 3