P.C. RESOLUTION NO

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1 EXHIBIT A P.C. RESOLUTION NO REQUEST FOR A MODIFICATION TO DEVELOPMENT PLAN NO. DEV (APPROVED BY CITY COUNCIL ON OCTOBER 28, 2009) TO CONSTRUCT A 25 -HIGH, 500 SQUARE- FOOT, SECOND-FLOOR ADDITION IN THE REAR OF THE APPROVED 32 -HIGH, 6,559 SQUARE- FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 929 SQUARE-FOOT GARAGE AND SWIMMING POOL WITHIN THE OPEN SPACE (OS) ZONING DISTRICT, AT 3420 CORDOVA DRIVE (APN: ). Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. Staff reports prepared by the Community Development Department. 2. Staff presentation at the public hearing held on April 19, 2012, before the Planning Commission; 4. The City of Calabasas Land Use and Development Code, General Plan, and all other applicable regulations and codes; 5. Public comments, both written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request; 6. Testimony and comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing; and, 7. All related documents received and/or submitted at or prior to the public hearing. Section 2. Based on the foregoing evidence, the Planning Commission finds that: 1. On March 5, 2012, the applicant submitted a request for a modification to File No. DEV (approved by City Council on October 28, 2009) to construct a 25 -high, 500 square-foot, second-floor addition in the rear of the approved 32 -high, 6,559 square-foot, two-story single-family residence with an attached 929 square-foot garage and swimming pool within the Open Space (OS) zoning district, at 3420 Cordova Drive (APN: ).

2 2. On March 23, 2012, the Architectural Review Panel reviewed the proposed modification and recommended approval of the addition as proposed. 3. On April 19, 2012, the Planning Commission reviewed the project and continued the public hearing. 4. Notice of the April 19, 2012, Planning Commission public hearing was posted at Juan de Anza Bautista Park, the Calabasas Tennis and Swim Center, Gelson s market and at Calabasas City Hall. 5. Notice of the April 19, 2012, Planning Commission public hearing was provided to property owners within 500 feet of the property as shown on the latest equalized assessment roll. 6. Notice of the Planning Commission public hearing was mailed or delivered at least ten (10) days prior to the hearing to the project applicant. 7. The project site is currently zoned Open Space (OS). 8. The land use designation for the project site under the City's adopted General Plan is Open Space-Resource Protection (OS-RP). 9. The surrounding land uses around the subject property are zoned open space-development restricted (OS-DR) and residential, single-family (RS). 10. Notice of Planning Commission public hearing included the notice requirements set forth in Government Code Section (b)(2). Section 3. In view of all of the evidence and based on the foregoing findings, the Planning Commission concludes as follows: 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; One single-family home and ancillary uses are allowed in the Open Space (OS) zone pursuant to Section of the Land Use and Development Code. The proposed modification for a 25 -high, 500 second-floor addition in the rear of an approved 32 -high, 6556 square-foot, two-story residence is consistent with the uses of the surrounding properties. The project site is surrounded by open space-development restricted property and residential, single-family homes similar in size and scale to the proposed project. The proposed project meets all of the applicable development standards as determined through by Development Plan No. DEV for the subject property. The height of the addition complies with the 25 -high limit for the OS zoning district. The proposed setbacks, site coverage, and pervious surface 2

3 will all remain the same as the addition will be located entirely over an existing portion of the first-floor of the residence. Therefore, the proposed project meets this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan; The proposed project meets this finding because the General Plan Land Use Designation for this parcel is OS (Open Space) and residential land uses are consistent with the general plan and land use designation. The proposed addition does not change the use of the subject site and is designed to be compatible with the approved single-family residence currently being built and the existing developed residential community. The proposed addition is located in the rear of the home and will be minimally visible from Cordova Drive. Additionally, there are no specific plans or master plans applicable to this parcel. Therefore, this project meets this finding. 3. The approval of the development plan for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and This project is Exempt from the California Environmental Quality Act (CEQA) pursuant to Section (Existing Facilities)(Class 1(e)) of the California CEQA Guidelines. CEQA section includes as exempt additions to existing structures provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. Because the proposed addition is 500 square feet, the proposed addition project meets this finding. 4. The location, design, scale and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The proposed modification to the approved single-family residence is located within the residential, single-family neighborhood of Calabasas Park Estates. The construction of the proposed addition complies with all applicable standards as established within the approved development plan (DEV ) and is compatible in design, appearance, and scale with existing homes within the vicinity. Therefore, the proposed addition is compatible with the existing and future land uses and meets this finding. The residence is surrounded by other similar existing, single-family residences that are similar in bulk and size. The lot sizes in the immediate vicinity range from 9,533 to 46,609.2 square feet, while the home sizes range from 3,646 to 8,907 square feet. The subject home, including the addition will be 7,059 square feet, making it the second largest home in the vicinity. The range of floor area ratio (FAR) is 0.11 to 0.48 and the subject home, including the addition will be The proposed addition will be constructed in the rear of the home and 3

4 will utilize the same earth-tone exterior stucco and clay tile roofing material that was approved per Development Plan No. DEV for the residence, which will facilitate the project blending with the surrounding environment. Therefore, the proposed addition is compatible in design, appearance, and complements the surrounding area. Section 4. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission hereby recommends approval of the modification to File No. DEV and adopts Resolution No subject to the following agreements and conditions: I. INDEMNIFICATION AGREEMENT The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this permit or the activities conducted pursuant to this permit. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Permit or the activities conducted pursuant to this Permit. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. II. CONDITIONS OF APPROVAL Community Development Department / Planning Division 1. The proposed project shall be built in compliance with the plans on file with the Planning Division dated April 10, All project conditions shall be imprinted on the title sheet of the construction drawings. The approved set of plans shall be retained on-site for the review of Building Inspectors. Prior to any use of the project site, all conditions of approval shall be completed to the satisfaction of the Director of Community Development. 4

5 3. The project approved herein is depicted on those sets of drawings, elevations, etc., stamped approved by staff on the approval date. Any modifications to these plans must be approved by the Department of Community Development staff prior to the changes on the working drawings or in the field. Changes considered substantial by the Planning staff must be reviewed by the Planning Commission. The determination of whether or not a change is substantial shall be made by the Community Development Director. 4. Prior to issuance of grading or building permits, plans shall be reviewed and approved by the Department of Community Development to ensure compliance with the plans approved by the Planning Commission. The plans shall comply with the conditions contained herein, the Calabasas Municipal Code, and all City Resolutions and Ordinances. 5. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 6. This approval shall be valid for one year and eleven days from the date of adoption of the resolution. The permit may be extended in accordance with Title 17 Land Use and Development Code, Article VI - Land Use and Development Permits. 7. All ground and roof-mounted equipment is required to be fully screened from view. Upon final inspection, Planning Division staff may require additional screening if warranted, through landscaping, walls or a combination thereof. All exterior lights are subject to the provisions set forth in the Lighting Ordinance Chapter of the Land Use and Development Code. Lighting of 60 watts or less on residential projects is exempt by the Lighting Ordinance. 8. All exterior colors and materials used for the construction of the project shall be in substantial conformance with the approved materials and colors shown on the plans. 9. Prior to commencement of construction, all necessary building permits must be obtained from the Building and Safety Division. 10. The project must comply with the building codes in effect at this time, which are the 2010 Los Angeles County Building, Plumbing, and Mechanical codes, and the 2010 California Electrical Code. 5

6 11. The project is located within a designated AVery High Fire Hazard Severity Zone. The requirements of Chapter 64 of the 2010 Los Angeles County Building Code, Vol. 1, must be incorporated into all plans. 12. Construction Activities - Hours of construction activity shall be limited to: i. 7:00 a.m. to 6:00 p.m., Monday through Friday ii. 8:00 a.m. to 5:00 p.m., Saturday Stacking of construction worker vehicles, prior to 7:00 a.m. in the morning will be restricted to areas that do not adversely affect adjacent residences or schools. The applicant or its successors shall notify the director of Transportation and Intergovernmental Relations of the construction employee parking locations, prior to commencement of construction. Section 5. All documents described in Section 1 of PC Resolution No are deemed incorporated by reference as set forth at length. PLANNING COMMISSION RESOLUTION NO PASSED, APPROVED AND ADOPTED this 19th day of April, ATTEST: Rick Shumacher, Chairperson Maureen Tamuri Community Development Director APPROVED AS TO FORM: City Attorney Planning Commission Resolution No , was adopted by the Planning Commission at a regular meeting held April 19th, 2012, and that it was adopted by the following vote: AYES: 6

7 NOES: ABSENT: ABSTAINED The Secretary of the Planning Commission shall certify the adoption of this Resolution, and transmit copies of this Resolution to the applicant along with proof of mailing in the form required by law and enter a copy of this Resolution in the book of Resolutions of the Planning Commission. Section of the Civil Code of Procedure governs the time in which judicial review of this decision may be sought. 7