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PC RES 1997-076A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 848, THEREBY APPROVING A 974 SQUARE FOOT, SECOND -STORY ADDITION ABOVE A PORTION OF THE GARAGE OF AN EXISTING 2,320 SQUARE FOOT, SINGLE -STORY RESIDENCE. UNDER THE PROPOSED SECOND -STORY, THE EXISTING GARAGE WILL BE CONVERTED TO HABITABLE SPACE AND A NEW 504 SQUARE FOOT GARAGE WILL BE CREATED. THE PROPOSED HEIGHT OF THE ADDITION IS TWENTY- TWO FEET AND ONE INCH (22'1") WHICH IS WITHIN THE CITY'S MAXIMUM ALLOWABLE HEIGHT OF TWENTY-SIX (26'0") FEET, FOR A RESIDENCE LOCATED AT 6308 VIA COLINITA WHEREAS, on September 8, 1997, the applicant, Mr Sparky Gomez, submitted an application for Height Variation No 848 to allow a 974 square foot, second -story addition above a portion of the garage of an existing 2,320 square foot, single -story residence Under the proposed second -story, the existing garage will be converted to habitable space and a new 504 square foot garage will be created The proposed height of the addition is twenty-two feet and one inch (221") which is within the City's maximum allowable height of twenty-six (260") feet, for a residence located at 6308 Via Colinita; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 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 65962 5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Height Variation No 848 would have a significant effect on the environment and, therefore, the proposed protect has been found to be categorically exempt (Class 1, Section 15301(e)(1)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 9, 1997, 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: The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining acknowledgement signatures from 49% of the property owners within 500' and 80% of the property owners within 100' of the subject property, who have reviewed the plans 0 0 Section 2: The structure does not significantly impair a view from public property which has been identified in the City's General plan or Coastal Specific Plan as City - designated viewing areas because the views from canyon open space under ownership of the Miraleste Park District, located several parcels to the north of the subject site, are to the east, towards San Pedro Harbor, not south in the direction of the subject property Further, the subject property is not located within the Coastal Specific Plan area Section 3: The proposed structure is not located on a ndge or promontory because the property is on a hillside with developed residential lots located both above and below the subject property, and the property is not situated along the coastal bluffs Section 4: The proposed second -story addition, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel, because the ridgeline of the second -story will not significantly impact the protected view of the adjacent, upslope residence Although the proposed ridgeline of the second -story addition will encroach into the bottom of the protected view from the outdoor patio of 4504 Palos Verdes Drive East, the larger, panoramic view of San Pedro city basin, San Pedro Harbor or Saint Vincent Thomas Bridge over the proposed ridgeline will not be impaired Therefore, the proposed second -story addition, exclusive of existing foliage, will not significantly impair a protected view from the viewing area of another parcel. Section 5: There is no significant cumulative view impairment caused by granting the application because, if the residences on the east side of Via Colinita could physically construct a second -story addition with the maximum allowable height configurations, the ridgelines of these residences would not impact the viewing areas of the residences on the west side of Via Colinita (including the subject property), since these residences are located substantially upslope. Therefore, no significant cumulative view impairment will be created by the proposed second -story addition or a similarly designed addition to an adjacent residence on the east -side of Via Colinita Section 6: Since the outdoor viewing area from the upslope residence at 4504 Palos Verdes Drive East will still maintain a protected, panoramic view over the subject property and proposed second -story ridgeline, the project design and configuration is sufficiently designed to minimize the impact to the viewing area of the adjacent, upslope residence. Section 7: The proposed structure complies with all other Code requirements because the structure footprint below the second -story will maintain all minimum setbacks to property Imes required for the RS -3 zoning district and no net change will occur in the existing 76% open space on the lot Further, the building eave projection of the addition along the rear facade will be 1'6", well be low the allowable 7'6" for a 15'0" required rear P C Resolution No 97 - 76 Page 2 of 6 setback area. Therefore, the proposed second -story above will comply with all other Code requirements Section 8: The proposed structure is compatible with the immediate neighborhood character because the total project bulk and mass is comparable with the surrounding residence sizes, the architectural style will maintain the Mediterranean design of the surrounding neighborhood, and the proposed second -story and structure footprint is recessed 110" back (west) from the existing front facade of the residence and will not result in no decrease to the existing 48'0" front yard setback Section 9: The proposed structure will not result in an unreasonable infringement of privacy to the occupants of abutting residences, because the only residence with a potential for privacy infringement is the residence located directly upslope and west of the subject property, 4504 Palos Verdes Drive East, and the 3 rear windows proposed on west elevation of the second -story will be conditioned to install translucent window material to protect the outdoor privacy at 4504 Palos Verdes Drive East Section 10: A Forage Analysis was conducted by Staff in conjunction with the project application Staff determined that protected view at 4504 Palos Verdes Drive East is significantly impaired by the large Oleander shrubs along the rear property line of the subject property As a condition of approval, the applicant shall be required to restore the protected view at the neighboring, upslope property, as documented in the Staff Report and file photographs, in the manner described in Exhibit "A", Conditions of Approval attached to, and made a part of, this Resolution. Section 11: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 02 040(C)(1)0) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following December 9, 1997, the date of the Planning Commission's final action Section 12: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Height Variation No 848, thereby approving a 974 square foot, second -story addition above a portion of the garage of an existing 2,320 square foot, single -story residence Under the proposed second -story, the existing garage will be converted to habitable space and a new 504 square foot, two -car garage will be created. The proposed height of the addition is twenty- two feet and one inch (22'1") which is within the city's maximum allowable height of twenty- six (260") feet, for a residence located at 6308 Via Colinita, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. P C Resolution No 97 - 76 Page 3 of 6 11 PASSED, APPROVED, AND ADOPTED this 9 th day of December 1997, by the following vote: AYES: ALIO, VANNORSDALL, CLARK, CARTWRIGHT, NG AND SLAYDEN NOES: NONE ABSTENTIONS: NONE ABSENT: WHITENECK r qi"; Donald E. Vannorsdall Chairman Carolynn P tru, AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 97 - 76 Page 4 of 6 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR HEIGHT VARIATION NO. 848 (6308 VIA COLINITA) Within ninety (90) days following approval of Height Variation No 846, the applicant/property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval listed below Failure to provide said written statement shall render this approval null and void 2. The approval shall be null and void after 180 days from the date of the approval unless the approved plans are submitted to building and safety to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code This approval shall also become null and void if after initiating the "plan check" review process or receiving a building permit to begin construction, said permit or "plan check" is allowed to expire or is withdrawn by the applicant. 3. This approval is for a 974 square foot, second -story addition above a portion of the garage of an existing 2,320 square foot, single -story residence Under the proposed second -story, the existing garage will be converted to habitable space and a new 504 square foot, two -car garage will be created 4 The applicant shall provide to the Building and Safety Division certification that the maximum ridge height does not exceed 22'1", as measured from the existing grade at the south east corner of the existing residence footprint, where the existing garage footprint will be converted The height measurement shall be based on the existing elevation benchmark of 57 00' 5 The maximum interior height of the new ground floor (new garage and gym room footprint) below the proposed second -story addition shall not exceed 8'6". This condition is to ensure the exterior, combined height of the ground and second floors will not exceed the maximum ridge height of 221", as indicated in Condition of Approval No 4 6 The following minimum setbacks shall be maintained for new garage and gym footprint below the propose second -story addition - Front yard setback* note. Rear yard setback South side yard setback - 59'0"' (proposed) existing to facade of residence is 48'0" 160" (proposed) 160" (proposed) P C Resolution No 97 - 76 Page 5of6 9 0 7 The 3 windows proposed in the second -story addition on the rear (west) elevation shall be installed with translucent window material to project the privacy of the outdoor patio of the adjacent, upslope residence at 4504 Palos Verdes Drive East. 8 No grading, except for the foundation footing for the new second -story, is approved as part of this Height Variation approval 9 A minimum of 76% open space shall be maintained on the property as part of this approval 10 The maximum eave projection allowed into the required rear setback area shall not exceed 6 inches for each 1 foot of required setback (proposed. 1'6") 11 Based on a foliage analysis conducted during the review of the project application, the large Oleander shrubs along the rear property line of the subject property are significantly impairing a protected view from the adjacent, upslope residence at 4504 Palos Verdes Drive East. Therefore, prior to submitting the project into Building & Safety Plan Check, the applicant shall restore the protected view from the adjacent residence by topping the large Oleander shrubs down by approximately 4-60" to match the height of the patio railing on the adjacent outdoor patio at the upslope residence 12. The new garage shall maintain a minimum, unobstructed, interior dimension of 18'0" (width) by 20'0" (depth) and a maximum vertical clearance of 8'6", for the parking and storage of automobiles on the subject property 13 In the event that a Planning requirement and Building & Safety requirement are in conflict with one another, the stricter standard shall apply 14 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the revised plans prepared by Jose Pico and titled "Proposed two-story addition for Mr Sparky Gomez", which were submitted to the City on December 4, 1997 15 The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 16 The construction site shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes Such excess material may include, but is not 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 P C Resolution No 97 - 76 Page 6 of 6