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PC RES 1998-028A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 859 AND SITE PLAN REVIEW NO. 7988 'REVISION', THEREBY APPROVING ADDITIONS TOTALING 1,767 SQUARE FEET, CONSISTING OF A 1,196 SQUARE FOOT ADDITION TO THE FIRST STORY AND A 571 SQUARE FOOT SECOND STORY ADDITION, WITH A MAXIMUM HEIGHT OF TWENTY-ONE FEET FOUR INCHES (21'4") FROM HIGHEST EXISTING GRADE COVERED BY STRUCTURE TO AN EXISTING 3,692 SQUARE FOOT, ONE STORY RESIDENCE, LOCATED AT 59 OCEANAIRE DRIVE. WHEREAS, on March 25, 1998, the applicant, Mr. & Mrs. Al Edgerton submitted applications for Height Variation No 859 and Site Plan Review No 7988 'Revision' to construct a new 1,196 square foot addition to the first story and a 571 square foot second story addition above the new and existing building footprint located at the rear of the existing residence with a proposed height in excess of sixteen (160") feet, located at 59 Oceanaire Drive, and, WHEREAS, pursuant to the provision of the California 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. 859 and Site Plan Review No 7988 'Revision' would have 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 Rancho Palos Verdes Development Codes, the Planning Commission held a duly noticed public hearing on July 28, 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 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 60% of the property owners within the 500' of the subject property. Section 2: The proposed addition does not significantly impair a view from a viewing area from any public property identified in the City's General Plan, and the property is not located within the Coastal Specific Plan area, therefore the proposed structure does not significantly impair a view from the public property Section 3: The proposed structure is not located on a ridge or promontory since the property is located along the south side of Oceanaire Drive at the top of the slope above Upper Portuguese Bend. 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 primary view along the row of residences on the northern side since the potential view of the ocean to the south is blocked by existing one story residences Also, the protected views of the adjoining properties will not be significantly impaired or impacted since the view is primarily to the south and will not be impacted by the proposed additions which is the east from 57 Oceanaire Drive and to the west from 61 Oceanaire Drive. Section 5: No cumulative view impairment will result from granting the applicant's request since no primary view are impacted by the proposed addition and the residences on the northern side of Oceanaire Drive do not enjoy a view south, toward the ocean, or of the southern coastline or offshore islands Section 6: No primary views from the surrounding properties would be significantly impacted by the proposed project since no protected view exists and no impairment is caused by the addition. Therefore, the project is designed and situated in a 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 and the structure will not reduce the existing front yard setbacks and will not encroach into either the side or rear yard setbacks. Also, the proposed addition must comply with the Uniform Building Codes and be reviewed, inspected, and approved by the Building and Safety Division Section 8: The proposed structure is compatible with the residences along Oceanaire Drive since the total bulk and mass is comparable to existing two-story residence sizes and will not significantly change as a result of the proposed addition The proposed addition will be located at the rear of the existing residence, and the new building footprint will not encroach into the side or rear yard setbacks. Also, the proposed size of the residence is consistent with the surrounding home sizes P C Resolution No 98-28 Page 2 of 4 Section 9: The proposed addition will not infringe on the privacy of the occupants of the abutting residence to the east at 61 Oceanaire Drive due to the large distance between the two structures and the second story addition is approximately 133'0" from the side property line and lack of windows on that side. Further, the addition will not infringe on the privacy of the property to the west at 57 Oceanaire Drive since the 2 windows facing west and the 1 corner window facing southwest will be permanently placed with opaque glass to adequately protect the privacy of the abutting residence The proposed addition will not afford the subject property a view into the private interior area of the neighboring residences, and the proposed addition will not create unreasonable infringement to the interior and outdoor privacy on any abutting residences Section 10: A Foliage Analysis was conducted in conjunction with the Height Variation No 859 application and Staff determined that there is no existing foliage on the subject site that significantly impairs a protected view from the adjacent neighbors, and the applicant is not required to remove any of the foliage from the subject site. However, the applicant shall plant foliage on the subject site adjacent to the western property line to the abutting residence at 57 Oceanaire Drive, in order to further mitigate potential infringement of privacy from the proposed southern windows. The number, type, and location of siad foliage shall be reviewed and approved by the Director of Planning, Building and Code Enforcement Section 11: The proposed first story addition proposed as Site Plan Review No. 7988 'Revision' comply with the height requirements, lot coverage, and minimum setbacks Therefore, the proposed addition will conform to the Development Code standards Section 12: 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 13: For the foregoing reasons based on the information and findings included in the Staff Report, Minutes and other record of proceeding, the Planning Commission of the City of Rancho Palos Verdes hereby approved Height Variation No. 859 and Site Plan Review No 7988 'Revision', thereby approving a 1,196 square foot one story addition, and a 571 square foot second story addition which totals 1,767 square feet, with a proposed height of twenty-one feet four inches (21'4") measured from the highest existing grade covered by structure (elevation of 102.3'), to an existing 3,692 square foot, one story residence, for the property located at 59 Oceanaire Drive, 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 98-28 Page 3 of 4 PASSES, APPROVED, AND ADOPTED this 28th day of July 1998, by the following vote: AYES: Clark, Cartwright, Lyon, Paris, and Slayden NOES: Alberio ABSENTATION: .AML ABSENT: Vannorsdall Voel Rpjas, AICP Q Aerect r of Planning, uilding =ode Enforcement; and, Secretary to the Planning Commission Lawrence E. Clark Chairman PC Resolution No 98- 28 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 859 AND SITE PLAN REVIEW NO. 7988 'REVISION' Prior to the submittal of plans into Building and Safety "plan check", the applicant shall submit to the City a statement, that they have read, understand and agree to all the conditions of approval contained in this resolution. Failure to provide said written statement within ninety (90) days of approval shall render this approval null and void 2 The approval shall be null and void after one (1) year 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 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 one year shall terminate the approval and any privileges hereunder shall become null and void 5 The proposed addition shall not exceed a total of 1,767 square feet in area (which includes a 1,196 square foot addition to the first story and a 571 square foot second story addition) and twenty-one feet four inches (21'4") in height, measured from highest existing grade covered by structure (elevation of 102.03) at the north- western corner of the garage to the proposed ridgeline (elevation of 123 38) 6 The minimum setbacks shall conform to the approved plans, but in no case shall be less than, Front 11'0" (existing) Sides 5' Rear- 15' rear 7 The applicant shall provide to the Building and Safety a certification that the proposed ridgeline does not exceed twenty-one feet four inch (21'4") from finished grade, measured from the north-western corner of the garage (elevation of 102.03) to the proposed ridgeline (elevation of 123 38). RIDGE HEIGHT CERTIFICATION REQUIRED. P.C. Resolution No 98- 28 Exhibit "A" Page 1 of 2 8 The proposed height increase of the garage ridgeline shall not exceed sixteen (160") feet in height (proposed 14'0"), measured from the north-western corner of the garage (elevation of 102 03) to the ridge (elevation of 116 03) 9 Prior to submittal of plans to "plan check" in the Building and Safety Division, the applicant shall submit a geology trust deposit for the City's Geotechnical Engineer to conduct a site visit to determine if a geology/soils report is required for the proposed project 10 The three windows facing west (2 windows at the western side and 1 at the south- western corner), toward the abutting property at 57 Oceanaire Drive shall be permanently placed with opaque glass The translucent windows shall be maintained from hereon and any replacement to clear glass shall be considered a code violation. 11 A minimum of sixty (60%) percent of open space shall be maintained on the property (proposed 93%) 12 The appearance of the exterior finishes of the proposed addition must be compatible with the existing structure 13 No grading has been proposed or approved in conjunction with the construction of this project 14 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 15 No foliage shall be required to be removed during the time of construction 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 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. 17. The construction of the 1,767 square foot addition shall conform to the approved plans submitted to the Department of Planning, Building and Code Enforcement stamp dated on June 23, 1998 18 The applicant shall plant foliage on the subject site adjacent to the western property line to the abutting residence at 57 Oceanaire Drive, in order to futher mitigate potential infringement of privacy from the proposed souther windows The number, type, and location of said foliage shall be reviewed and approved by the Director of Planning, Budding and Code Enforcement P C. Resolution No 98- 28 Exhibit "A" Page 2 of 2