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PC RES 2003-039P.C. RESOLUTION NO. 2003-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE DIRECTOR'S DECISION OF APPROVAL, WITH CONDITIONS, OF HEIGHT VARIATION CASE NO. ZON2003-00009 TO ALLOW THE CONSTRUCTION OF A 412 SQUARE FOOT FIRST STORY ADDITION AND THE CONSTRUCTION OF A 344 SQUARE FOOT SECOND STORY ADDITION TO A SINGLE FAMILY RESIDENCE LOCATED AT 6937 VALLON DRIVE. WHEREAS, on January 8, 2003, Height Variation Permit Case No ZON2003-00009 was submitted to the Planning, Building and Code Enforcement Department. The application is a request to allow the construction of a 412 square foot first -story addition, the construction of a 344 square foot second -story addition, and the construction of a 105 square foot second story deck on the east elevation of an existing single family residence, and, WHEREAS, on February 11, 2003 the application was deemed complete for processing, and, WHEREAS, on February 13, 2003, the required 30 -day notice was sent to 40 property owners within the 500 foot radius and published in the Peninsula News on February 15, 2003, and, WHEREAS, on April 3, 2003, the applicant's representative, Mr Mike Nekoui, submitted revised plans to the City, which eliminated the second story balcony, and the window on the south elevation was revised to a clearstory window, located 5'-0" above the finished floor of the second story to mitigate privacy concerns raised by Staff; and, WHEREAS, on April 3, 2003 Staff deemed the revised plans complete for processing, 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 Case No ZON2003-00009 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15303) since the site is developed with a single-family residence and the proposed project consists of a minor alteration to the existing structure on the subject property, with no significant additional site disturbance, and, WHEREAS, on May 12, 2003, the Director of Planning, Building and Code Enforcement reviewed Case No ZON2003-00009 and conditionally approved said Case, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on May 22, 2003, within fifteen (15) days following the Director's Notice of Decision, Mr. John Lee filed an appeal requesting that the Planning Commission overturn the Director's conditional approval of Case No. ZON2003-00009 based upon the belief that the appellant was not properly contacted by the applicant and properly noticed by the City prior to the Director rendering a decision on said case and that the proposed project would result in unreasonable impacts onto his property, 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 September 9, 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: The Planning Commission upholds the Director's conditional approval of Height Variation (Case No ZON2003-00009), and finds as follows: a) The applicant complies with the Early Neighbor Consultation because signatures of 24 of the 40 properties were obtained within the 500' radius, which is 60% b) There are no public viewing areas identified in the City's General Plan within the vicinity of the subject property In addition, the subject property is not located within the Coastal Specific Pian area c) The subject property 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 d) The proposed additions do not significantly Impair a view from the viewing area of another parcel since the properties located to the north of the subject property are at slightly higher elevations than the subject property, with ocean views from their second stories toward the south, however, the proposed additions will be located on the south side of the existing residence, and will match the existing ridgeline, which runs parallel to the street of access, therefore the proposed additions will not be visible from the properties to the north. P.C. Resolution No 2003-39 HV Case No.ZON2003-0009 Page 2 e) That there is no significant cumulative view impairment caused by granting the application because if the 4 closest homes proposed additions on the south side and which are not going beyond the existing highest ridgelines, the additions will not impair a view from another property f) That the structure is designed in such a manner as to minimize impairment of a view because the proposed additions are not proposed to exceed the existing maximum ridgeline, and are proposed to the south side of the existing residence, which is not visible from the properties that contain view in the direction of the subject property g) That the proposed additions comply with the RS -3 Residential Development Standards in terms of setback, lot coverage, and height requirements. h) The proposed structure's scale is compatible with the scale of surrounding properties, in that it will be within the range of the structure sizes found within the ten (10) closest properties and that the apparent bulk and mass from the street of access will not increase i) The proposed structure's architectural style will be compatible with the architectural style of the surrounding residences in that the proposed finished materials - stucco and wood trimming and the roof material — are finished materials found currently on the subject residence and in the surrounding residences j) The proposed structure's front yard setback will be compatible with the front yard setback found in the surrounding properties since no portion of the proposed addition will project into or alter the appearance of the front yard setback k) That the proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences, since the originally proposed second story deck and window on the south elevation has been eliminated, and the proposed raised window on the south elevation will not allow for direct observation of the rear yard and swimming pool of the property located adjacent to the south. Section 2; The appellant was provided sufficient notice and allowed sufficient time to comment on the proposed project before a decision was made on May 12, 2003, and that the steps taken during the analysis of this project was no different from the methods used to analyze other projects submitted to the City for processing. P.C. Resolution No 2003-39 HV Case NoZON2003-0009 Page 3 Section 3: 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 4: For the foregoing reasons, and based on the information and findings included in the Staff Report to the Director dated April 8, 2003, the Staff Report to the Planning Commission dated July 22, 2003, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director's conditional approval of Case No. ZON2003-00009 and all the conditions of approval as stated in the attached Exhibit "A" PASSED, APPROVED, AND ADOPTED this Stn day of September 2003, by the following vote AYES Commissioners Lyon, Cartwright, Cote, Tomblin, and Vice -Chair Mueller NOES: None ABSTENTIONS None ABSENT: Commissioner Duran Reed, and Chairman Long Joel kojas ''CP I ire or of rUclann ng, Building and C Enfo nt, and, Secretary to the Planning Commission g- C",ZA(6 Planning Commission Chairman WI �ir_ P.C. Resolution No 2003- 39 HV Case No ZON2003-0009 Page 4 Exhibit "A" Conditions of Approval Height Variation Case No. ZON2003-00009 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 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. Approval of Height Variation Case No ZON2003-00009 is for the construction of a 412 square foot first -story addition and the construction of a 344 square foot second - story addition. 5 The proposed additions shall maintain the following minimum setbacks, Front 20'-0" (proposed- 20'-0") North Side 5'-0" (proposed- 8'-0 South Side, 5'-0" (proposed- 6'-8") Rear 12'-0" (proposed. 23'-9") 6. The maximum height of the proposed structure shall not exceed a maximum height of 19 0', as measured from the point where the lowest foundation or slab meets finished grade (98 60) to the highest ridge (117 60'), and 18 1', as measured from the highest elevation of existing building pad covered by structure (99 50) to the highest ridge 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. 7 The subject property shall not exceed a maximum lot coverage of forty-five (45) percent, as required by the RS -3 zoning district (proposed 40.1 %). 8 All structures located between the front property line and the facade of the main residence closest to the front property line shall not exceed a height of forty-two (42) inches in height 9. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 10 No improvements shall be permitted on "extreme slopes" (35% or greater) 11 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. 12. The project shall substantially conform to the plans stamped approved with the effective date of this approval 13 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 14 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 15 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 16 No grading is approved or allowed under this permit approval 17 All 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 18 All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 19 The bottom edge of the proposed second story windows along the south elevation shall be located at least 6'-0" above the finished floor level of the second floor 20 The proposed second story windows along the south elevation cannot be altered or new windows installed, such that the bottom edge of the windows are located lower than 5'-6" above the second floor finished floor at any time in the future, unless site conditions have changed and a new privacy analysis concludes that no privacy impacts would result. 21 No second story balconies shall be allowed along the south elevation at any time in the future, unless site conditions have changed and a new privacy analysis concludes that no privacy impacts would result. Exhibit "A" — Conditions of Approval HV Case No ZON2003-00009 Page 2