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PC RES 1996-001P.C. RESOLUTION NO. 96-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL, THEREBY OVERTURNING THE DIRECTOR'S DENIAL AND APPROVING HEIGHT VARIATION NO. 815 FOR CONSTRUCTION OF A NEW 3,438.4 SQUARE FOOT TWO STORY RESIDENCE (2,073 FOOTPRINT AND 1,365.4 SQUARE FOOT SECOND FLOOR) TO A MAXIMUM HEIGHT OF 24'- 0" AT 4033 MIRALESTE DRIVE WHEREAS, on April 7, 1995, the landowners, Sara and Damiano Colaruotolo, submitted an application for Height Variation No 815 to the Department of Planning, Building, and Code Enforcement for a new 4,188 square foot two story residence (original proposal) to a maximum height of 25' - 6", as measured from existing grade adjacent to the structure to the ridge, and 30'-0" as measured from the grade adjacent to the lowest foundation to the ridge, for the property located at 4033 Miraleste Drive, and, WHEREAS, on August 8, 1995, after the applicants and their architect declined to re -design the proposed addition to address the Staffs concerns regarding neighborhood compatibility, the Director of Planning, Building, and Code Enforcement Denied Height Variation No 815; and, WHEREAS, on August 15, 1995, the applicants 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, Tale 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 815 would have a significant effect on the environment Accordingly, the proposed project has been found to be categorically exempt (Class 1), 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 September 26, 1994, November 14, 1995, and December 12, 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 Section 1: That, pursuant to Section 17.02.040 of the Development Code and the adopted Height Variation Guidelines, the applicants have complied with the requirements for Early Neighborhood Consultation, since they discussed the proposed project with, and obtained the signatures from, 68% of the property owners within a 500 foot radius and 70% within a 100' radius of the subject property The Height Variation Guidelines require that the applicant contact at least 25% of the property owners within a 500 foot radius and 70% within a 100' 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 Miraleste Drive and the surrounding area are not identified in the General Plan, or any other official City document, as part of a view corridor, and the property is not located in the City's Coastal Zone Section 3 That the subject property is not located on a ridge or promontory, since the subject property is located on one of several graded terraces, which slope generally from west to east in descending elevation, and were created to accommodate the subdivision in which the lot is located Section 4. That the proposed structure, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of the surrounding residential properties located on Miraleste Drive, Via Lorenzo, or Via Bramante, since they are all located at the same general elevation and do not currently enjoy protected views over the subject property. Section 5. That the proposed structure is designed and situated in such a manner as to minimize impairment of a view, since no protected views are available over the subject property P.0 Resolution No 96- 1 Page 2 of 6 0 0 Section 6: That the proposed structure would not result in significant cumulative view impairment, since the residences on Miraleste Drive, Via Lorenzo, and Via Bramante do not have protected views over the subject property. Furthermore, the subject property is located near the top of Miraleste Drive and the other lots on this street step down from west to east with the descending topography Therefore, the rndgelines of any future second story additions on Miraleste Drive would be at the same height or below the ridge line of the subject property, and therefore, would not impair views Section 7* That the proposed structure complies with all other Development Code requirements, such as setbacks and open space. Section 8: That the proposed structure is compatible with the immediate neighborhood character, since, although the square footage of the proposed project would be larger than other existing homes in the area, the project would maintain or exceed setbacks and open space similar to the other homes in the neighborhood. In addition, the architectural style of the proposed project, including facade treatments, structure height, roof design and building materials, is compatible with the surrounding neighborhood, which is predominately Spanish Mediterranean in style. In addition, the total habitable area of the original proposal for the residence has been reduced by 285 6 square feet and the applicants have proposed landscaping and a "grass-crete" driveway in the front yard of the property. Therefore, even though the residence is larger in terms of square footage than the other homes in the area, the overall design of the project has the cumulative effect of reducing and mitigating the apparent bulk and mass of the project, as viewed from the street, and creating a residence that is compatible with the surrounding neighborhood character 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 Upholds the Appeal of Height Variation No 815, thereby Overturning the Director's denial of the project, and Approving a new 3,438 4 square foot two story residence for the property located at 4033 Miraleste Drive, subject to the conditions of approval contained in the attached Exhibit "A", which are necessary to protect the public health, safety and general welfare. P.0 Resolution No 96- 1 Page 3 of 6 PASSED, APPROVED and ADOPTED this 9th day of January 1996 by the following vote - Ayes: Commissioners Alberio, Vannorsdall, and Whiteneck Noes- NONE Abstentions Commissioners Cartwright, Franklin, Ng, and Chairman Clark Absent NONE Lawrence E, Clark Chairman Bret Be Hard, CP Dir df Plannyg, Building and Code Enforcement; and, Secretary to the Planning Commission -Il',.0 Resolution No 96- 1 Page 4 of 6 Exhibit "A" Conditions of Approval for Height Variation No. 815 - Appeal (4033 Miraleste Drive) The second story addition shall not exceed a maximum of twenty four feet (24'-0") in height, as measured from the highest point of existing grade covered by the structure (elevation 105' ) to the highest ridge. The structure shall not exceed a maximum of twenty eight and a half feet (28'- 6") in height, as measured from the grade adjacent to the lowest foundation (elevation 1005) to the highest ridge THE CRITICAL RIDGELINE HEIGHT IS ELEVATION 129' AND RIDGELINE HEIGHT CERTIFICATION SHALL BE REQUIRED. 2 A minimum of 55% open space shall be maintained on the lot 3. The following minimum setbacks shall be maintained front: 20'- 0" rear. 27'-10" east side- T-0" west side- 9'-10" 4 The portion of the driveway shall be located on the subject property installed and maintained as "grass crete"or similar material as approved by the Director of Planning, Building and Code Enforcement 5. The applicant shall submit a landscape plan for the front yard of the property, subject to the review and approval of the Director of Planning Building, and Code Enforcement, prior to the issuance of building permits The landscaping shall be installed per the approved plan prior to the issuance of a final building permit. 6. The first floor shall not exceed 2,073 square feet in area and the second floor shall not exceed 1,365.4 square feet in area 7 The roof eaves shall not project into any required setback area more than 4" per each one foot of required setback PC Resolution No 96- 1 Page 5 of 6 9 46 8 A two car garage with a minimum dimension of 18' in width and 20' in depth shall be maintained on the property 9 The property owner shall submit a notarized Covenant to Protect Views to the Department of Planning, Building, and Code Enforcement, prior to submittal of plans to the Building and Safety Division for plan check 10 The completed project shall substantially conform to the revised plans stamped as received by the Planning Division on December 4, 1995. 11 In the event that a Planning Division requirement and a Building and Safety Division requirement are in conflict with one another, the stricter standard shall apply 12 The construction site shall be kept free of all loose materials resembling trash 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 salvaged materials, abandoned or discarded furniture, appliances or other household fixtures. (M•kk/wpwin6 0/hv815pc res) P C Resolution No 96- 1 Page 6 of 6