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PC RES 1998-002P.C. RESOLUTION NO. 98-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 849 AND MINOR EXCEPTION PERMIT NO. 523, THEREBY APPROVING A 570 SQUARE FOOT, SECOND STORY ADDITION ABOVE AN EXISTING 680 SQUARE FOOT GARAGE WITH A PROPOSED HEIGHT OF TWENTY-ONE FEET THREE INCHES (21'3") FROM FINISHED GRADE TO AN EXISTING 3,691 SQUARE FOOT, TWO STORY RESIDENCE, AND ALLOWING A THREE FOOT EIGHT INCH (3'8") REDUCTION IN THE FRONT YARD SETBACK FOR PROPERTY, LOCATED AT 6448 LE BLANC PLACE. WHEREAS, on September 25, 1997, the applicant, Mr & Mrs Jen Shyang Wu submitted an application for Height Variation No 849 to construct a second story addition of 570 square foot above the existing 680 square foot three -car garage with a proposed height of twenty-one three inches (21'3") to an existing 3,691 square foot, two-story residence and a Minor Exception Permit No 523 for the reduction of the front yard setback from 20'0" to 164", located at 6448 Le Blanc Place, and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 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 849 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301 (e)(1)), and, WHEREAS, after notices issued pursuant to the requirements of the Rancho Palos Verdes Development Codes, the Planning Commission held a duly noticed public hearing on January 27, 1998, at which 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 DO 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 acknowledgment signatures from 41 % of the property owners within 500' of the subject property, and 75% of the owners within 100' of the project site who have reviewed the plans 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 since there are no City -designated public viewing areas located in this subdivision; and the subject property is not located within the Coastal Specific Plan area Section 3: The proposed structure is not located on a ridge or promontory since the property is located within a tract development, where the lots are relatively flat. Also, there are no canyons located adjacent to this neighborhood 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 due to the orientation of the house and the significant difference in the elevation of adjacent lots Also, the view of the adjoining properties will not be impaired or impacted since the proposed addition will not be visible from the rear of the property Section 5: There is no significant cumulative view impairment caused by granting the applicant since no protected views are impacted by the proposed addition Section 6: Since no protected views from the surrounding properties would be significantly impacted by the proposed project, and the design of the proposed addition will be situated above the existing garage as if the addition was originally constructed at that size, without exceeding the existing ndgeline of the second story portion of the residence, the project is designed and situated in such a way to minimize view impairment. Section 7: The proposed structure will be constructed in accordance with the residential development guidelines of the City's Municipal Code with the exception of a 20% reduction of the front yard setback requirement per Minor Exception Permit No 523 Also, the proposed addition will be required to comply with the Uniform Building Codes, and reviewed, inspected and approved by the Building and Safety Division Section 8: The proposed structure is compatible with the immediate neighborhood character since the total project bulk and mass is comparable with the surrounding residences sizes in which many of the homes have similar floor plans The proposed addition will only be located above the existing two -car garage, however the front yard setback will be reduced from twenty (20'0") to sixteen feet four inches (164"), per the Minor Exception Permit for a balcony area above the existing eave projection Section 9: The proposed addition will not infringe on the privacy of the occupants of the abutting residences, since the lot to the north is vacant and the view from the proposed addition will overlook the neighbor's front yard at 6438 Le Blanc Place, and allow no visibility into the adjacent residence. Therefore, the proposed addition will not create unreasonable infringement to the interior and outdoor privacy on any abutting properties P C. Resolution No 98-02 Page 2of3 Section 10: A Foliage Analysis was conducted by Staff in conjunction with the Height Variation No 849 application and no forage on the project site was determined to significantly impair a protected view from a surrounding residences, therefore no foliage removal is required. Section 11: Any interested person may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02 040 (C)(1)(j) 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 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 849 and Minor Exception Permit No. 523, thereby approving a 570 square foot, second -story addition above the existing three -car garage, with a proposed height of 21'3" and maximum elevation of 117.83, to an existing 3,691 square foot, two-story residence and allowing a three foot eight inch (38") reduction in the front yard setback, for property located at 6448 Le Blanc Place, 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. PASSED, APPROVED, AND ADOPTED this 27th day of January 1998, by the following vote: AYES:- ALBERIO, CARTWRIGHT, LYON, SLAYDEN, CLARK NOES: ABSENTATIONS: ABSENT: VANNORSDALL Jofl Roj s, AICP AckrigArector of Pla Ung, Building and Code Enforcement; and, Secretary to the Planning Commission Lawrence E. Clark Chairman P.C. Resolutions No 98-02 Page 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR HEIGHT VARIATION NO. 849 AND MINOR EXCEPTION PERMIT NO. 523 (6448 Le Blanc Place) Prior to the submittal of plans into Building and Safety "plan check" process, the applicant shall submit to the City a statement, in writing, that they have read, understand and agree to all the conditions of approval contained in this Resolution Failure to provide said written statement within 90 days shall render this approval null and void 2 The approval shall be null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code This approval shall become null and void if after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions 4 The abandonment or non-use of this approval after a period of six months shall terminate the approval and any privileges granted hereunder shall become null and void 5 The proposed addition (including the balcony) shall not exceed 570 square feet and twenty one feet three inches (21'3") in height from lowest existing grade to the proposed ridgeline, which is a maximum ridgeline elevation of 117 83' 6 The front yard setback shall not be reduced more than 38" from 20'0" to 164" The roof eave may project into the front yard setback, but must conform to the Development standards in the Municipal Code However, the minimum side and rear setbacks must conform to the approved plans, but in no case shall be less than Front: 164" (proposed ) Side 5' interior Rear- 15' 7 The applicant shall provide to the Building and Safety Division a certification that the proposed ridgeline does not exceed twenty-one feet three inches (21'3") from finished grade to the proposed ridgeline RIDGE HEIGHT CERTIFICATION REQUIRED. P C Resolution No 98-02 Exhibit "A" Page 1 of 2 8 No grading has been approved in conjunction with the construction of this project. 9. A minimum of sixty (60%) percent of open space shall be maintained on the property (proposed 65%) 10 In the event that the Planning and Building and Safety requirements are in conflict with one another, the stricter standard shall apply 11. The project shall be in substantial conformance with the plans stamped and submitted to the Department of Planning, Building and Code Enforcement on December 4, 1997 12. The hours of construction shall be limited to 7 00 a m to 7 00 p m , Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 13 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 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 14 The applicant shall maintain a minimum, unobstructed interior dimension of 18'0" (width) by 20'0" (depth) for the parking and storage of automobiles with the existing garage on the subject property. 15 The appearance of the exterior finishes of the proposed addition must be compatible with the existing structure 16 No foliage removal is required in conjunction with the proposed addition P.C. Resolution No 98-02 Exhibit "A" Page 2 of 2