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PC RES 2003-002 SIP P.C. RESOLUTION NO. 2003-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS A HEIGHT VARIATION, SITE PLAN REVIEW, AND MINOR EXCEPTION PERMIT (CASE NO. ZON2002-00605) FOR THE CONSTRUCTION OF A 1,329 SQUARE FOOT FIRST STORY ADDITION AND A NEW 755 SQUARE FOOT SECOND STORY ADDITION TO AN EXISTING 2,744 SQUARE FOOT RESIDENCE, FOR PROPERTY LOCATED AT 4362 EXULTANT DRIVE. WHEREAS, on December 4, 2002, Height Variation, Site Plan Review, and Minor Exception Permit Case No.ZON2002-00605 were submitted to the Planning, Building and Code Enforcement Department for processing; and, WHEREAS, on December 12, 2002, the applications were deemed complete by Staff; and, WHEREAS, on January 6, 2003 the required public notices for the February 11, 2003 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on January 4, 2003; 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), the Planning Commission found no evidence that the Height Variation, Site Plan Review, and Minor Exception Permit (Case No. ZON2002-00605) would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures)since the project involves additions to an existing residential structure; 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 February 11, 2003, 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 the applicant successfully completed the Early Neighborhood Consultation process by obtaining signatures of 8 of the 11 properties within the 100' radius, which is 73%. Section 2: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views. 411 11111 Section 3: The subject lot is not located on a ridge,which is defined as an elongated crest or linear series of crest of hills, bluffs or highlands. In addition, the subject property is not located on a promontory, which is defined as a prominent mass of land that overlooks or projects onto a lowland or body of water on at least two sides. Section 4: The proposed project will not create view impairment from surrounding properties because the ocean view above the roofline of the proposed garage has been opened up with the redesign, and the proposed second story is located partially behind the existing ridgeline. Section 5: The proposed addition will not cause a cumulative view impairment because if the four closest parcels to the subject property were to develop a second story addition, similar to the proposed project, which is located only over a small portion of the first story footprint, there would still be ocean view between the second story additions. Section 6: The proposed structure has been designed to minimize the impairment of views from surrounding properties because the second story addition is located to the rear of the proposed garage and which is partially behind the existing roofline. Section 7: The proposed structure will comply with the front, interior side and rear setback requirements, as well as the lot coverage requirement. Additionally, with the approval of the Minor Exception Permit to allow for the reduction of the street side yard setback and the Height Variation to allow for a second story addition, the proposed addition will be constructed in accordance with the residential development guidelines of the City's Municipal Code. Furthermore, in addition to obtaining Planning approval, building permits must also be obtained for compliance with the Uniform Building Code,the Development Code and the City's Municipal Code. Section 8: The proposed project is compatible with the scale of surrounding residences because the proposed residence size will be within the range of homes found in the neighborhood. Therefore, the proposed structure will be in keeping with the scale of the surrounding residences. Section 9: The proposed project is compatible with the architectural style and material of the residences found in the neighborhood because the other two story homes found in the neighborhood also contains the second story above the garage, similar to the proposed structure. The proposed structure contains its second story above the existing garage,which is located behind the proposed garage,which creates more articulation and reduces the apparent bulk and mass of the structure. Section 10: The proposed project is compatible with the front yard setbacks of the surrounding residences because the surrounding properties were developed under Los Angeles County's jurisdiction, as such, some properties such as the subject property were not developed with the required 20' front yard setback. However, by developing the proposed additions with the required 20'front yard setback, this project will comply with the Code requirement, as well as be consistent with the front yard setbacks of surrounding properties, which have been remodeled recently. P.C. Resolution No. 2003-02 Page 2 of 3 410 4111 Section 11: The requested Minor Exception Permit is warranted because it will ensure consistency with the existing and established street side yard setback, and will not be detrimental to the general public or adjacent properties because the existing non-conforming setback existed for 47 years and has not been identified as a problem, nor does it pose a problem currently. Section 12: The proposed addition to the dinning room area,the master bedroom,the kitchen, the nook,and the stairs can be approved since they comply with the code requirement in terms of setbacks, height, and lot coverage. Section 13: 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 with conditions Height Variation, Site Plan Review, and Minor Exception Permit (Case No. 2002-00605) for the construction of a 1,329 square foot first story addition and a new 755 square foot second story addition to an existing 2,744 square foot residence (including a two-car garage). Section 20: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80 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 February 11, 2003, the date of the Planning Commission's final action. PASSED, APPROVED, AND ADOPTED this 11th day of February 2003, by the following vote: AYES: Commissioners Cartwright, Duran Reed, Cote, Lyon, Tomblin, Vice Chair Mueller, and Chairman Long. NOES: None ABSTENTIONS: None ABSENT: None // Thomas Long Chairman r- Alk A J'el R'jas, AICP D ec r of Planni • Building and Co•- Enforcemen ; and, Secretary to the Planning Commission P.C. Resolution No. 2003-02 Page 3 of 3 Exhibit "A" Conditions of Approval Height Variation, Site Plan Review, and Minor Exception Permit Case No. ZON2002-00605 1. 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 within ninety (90) days of the effective date of approval shall render this approval null and void. 2. The approval shall become 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 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 abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void. 4. 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. 5. The project shall substantially conform to the plans stamped approved with the effective date of this approval. 6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 7. The construction site and adjacent public and private properties 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 9. No grading is approved or allowed under this permit approval. 10.A11 applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance. Op II. 11.All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 12.Based on a site visit, Staff found that there is no foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, Staff finds that no foliage shall be removed under this application request. 13.Approval of Height Variation, Site Plan Review and Minor Exception Permit (Case No. ZON2002-00605) allows for the construction of 1,329 square feet of first story additions and a new 755 square foot second story addition to an existing 2,744 square foot residence (including a two-car garage). PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 14. The proposed two-story additions are proposed to be constructed at height of 22.31', as measured from the finished grade adjacent to the lowest foundation (94.12') to the highest ridge (116.43'), and 19.28', as measured from the highest elevation to be covered by structure (97.15') to the highest ridge. The proposed first story portions of the additions are proposed at a maximum height of 18.07', as measured from the finished grade adjacent to the lowest foundation (94.12') to the ridge (112.19'), and 15.04', as measured from the highest elevation to be covered by structure (97.15') to the highest ridge. However, all the ridges shall be at the height as depicted on the approved plan. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 15.The proposed new additions approved under this permit shall maintain the following minimum setbacks: Front: 20'-0" (proposed: 20'-10") Interior Side: 5'-0" (proposed: 5'-0") Street Side: 9.8' (proposed: 9.8') Rear: 15'-0" (proposed: 34.4') PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, INTERIOR SIDE AND STREET SIDE SETBACK CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. Exhibit"A"—Conditions of Approval HV, SPR, and MEP Case No.ZON2002-00605 Page 2 of 3 OD O. 16.The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as required by the RS-4 zoning district (proposed 46%). 17.All structures located within the required twenty (20) foot front yard setback area shall not exceed a height of forty-two (42) inches in height. 18.The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 19.No improvements shall be permitted on "extreme slopes" (35% or greater). 20.The proposed roof decks shall not extend more than ten feet from the exterior façade of the adjacent habitable space. 21.Any outdoor furnishings, accessories or plants located on the proposed roof deck shall not exceed a height of eight (8) feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 22.Any outdoor furnishings, accessories or plants located on the proposed roof deck, which exceed sixteen (16) feet in height shall not significantly impair a view from surrounding properties. 23.The applicants shall plant and maintain a hedge with sufficient height and density to provide reasonable privacy to the properties located at 4380 Dauntless Drive and 4394 Dauntless Drive to be approved by the Director of Planning, Building and Code Enforcement, prior to the final of the building permits. Exhibit"A"—Conditions of Approval HV, SPR, and MEP Case No.ZON2002-00605 Page 3 of 3