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PC RES 2009-010 P.C. RESOLUTION NO. 2009-10 A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF RANCHO P LOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, MINOR GRADING PERMIT & SITE PLAN REVIEW (PLANNING CASE . ZO 2008-00266) FOR THE CONSTRUCTION F A 1,540 SQUARE FOOT ADDITION TO THE REAR RESIDENCE,A 31 SQUARE FOOT ADDITION TO THE FRONT F THE RESIDENCE AND 30 CUBIC YF GRADING (CUT) AT 29 OCEANAIRE DRIVE. WHEREAS, on May 19, 2008, the property owner, Young Li, submitted applications for Planning Case No. ZON2008-00266 for a Height Variation, Minor Grading Permit and Site Plan Review to construct an 1,540 square foot first floor addition and a 780 square foot second floor addition to the existing residence. The application also requested approval for 30 cubic yards of excavation beneath the proposed addition. On May 27, 2008, the application was deemed incomplete due to missing information within the project application; and, WHEREAS, on October 17, 2008, the application for Planning Case No. ZON2008-00266 was deemed complete by Staff; and, WHEREAS, between November 1, 2008 and December 1, 2008, Staff received four comment letters from the neighbors relaying concerns with view impairment and bulk and mass issues; and, WHEREAS, on December 1, 2008, Staff informed the property owner of the neighbors' concerns and the property owner noted that they would like to consider revising the design of their home; Staff informed the property owner of the Permit Streamlining Act deadline to render a decision by December 15, 2008 and noted revised plans would need to be submitted prior to December 15, 2008 unless an extension was granted to the City by the property owner to extend the Permit Streamlining Act by 90 days; and, WHEREAS, on December 9, 2008, the property owner granted a 90-day extension of time and waiver of the Permit Streamlining Act requirement (pursuant to Government Code Section 65980)for a decision by the Director of Planning, Building and Code Enforcement; and, WHEREAS, on February 9, 2009, the property owner submitted revised plans and applications for a Height Variation and Minor Grading Permit whereby the revised plans eliminated the second floor addition; and, WHEREAS, on February 12, 2009, Staff completed an initial review of the revised plans, at which time the application was deemed incomplete for processing, thereby nullifying the Permit Streamlining Act extension granted on December 9, 2009; and, WHEREAS, on March 23, 2009, Staff deemed the project complete for processing, thereby establishing a new Permit Streamlining Act deadline, due to expire on May 21, 2009; 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 Regulations, 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 the approval of the requested Height Variation, Minor Grading Permit and Site Plan Review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(x)); 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 April 28, 2009, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of factwith respect to the application for a Height Variation to allow the construction of a 1,540 square foot addition at the rear of the residence which exceeds 16'-0" in height: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 90% of the property owners within a 100-foot radius of the subject property and 32% percent of the property owners within a 500-foot radius of the subject property. B. The Height Variation is warranted since the proposed addition which exceeds sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways,walkways or equestrian trails),which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. Specifically, due to the location of the property and the topography in the immediate area, the proposed structure is not visible from a public viewing area or viewing site, as defined by the General Plan. C. The Height Variation is warranted since the proposed addition which exceeds sixteen feet in height is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the Municipal Code. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel due to the topography of the subject property and the relative elevations of nearby residences. E. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by P.C. Resolution No. 2009-10 Page 2 of 7 the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Due to the topography, physical development in the area and single-story appearance from the residential neighborhood, the project does not create view impairment and it does not contribute towards cumulative view impairment. F. The proposed addition complies with all other Code requirements, including the RS-2 zoning district development standards with respect to lot coverage and setbacks, and the off-street parking requirements for single-family residences. G. The proposed addition is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass.The square footage, proposed lot coverage and setbacks are consistent with those of the surrounding properties. The materials and design of the proposed addition would maintain the architectural style found on the existing residence and within the immediate neighborhood while the proposed materials and design elements would minimize the bulk and mass of the new addition. H. The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Section 2: The Planning Commission finds that a Minor Grading Permit for 30 cubic yards of cut is approved because: A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot, which is single-family residential because the grading would be limited to only a small area beneath the proposed addition. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the "viewing area" of neighboring properties. The applicant is proposing to grade down to accommodate the proposed addition at the rear the proposed addition which would not significantly adversely affect the visual relationships with, nor views from neighboring residential. C. There is no grading outside of the footprint of the proposed addition,therefore the visible natural contours and finished contours of the property would not be affected. D. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation, as there is no evidence of natural landscape or wildlife habitat on the property. E. The grading conforms to the City's standards for grading on slopes and height of cut as the grading would not occur on an extreme slope(greater than 35% slope)or on a slope P.C. Resolution No. 2009-10 Page 3 of 7 that exceeds a 50% gradient. Section 3. The Planning Commission finds that the 31 square foot addition to the front of the residence shall be approved through a Site Plan Review as the addition would not increase the lot coverage or front yard setback for the property and would not significantly alter the appearance, design or compatibility of the residence as seen from the public right-of-way. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following April 28, 2009, the date of the Planning Commission's final action. Section 6: 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 conditionally approves a Height Variation, Minor Grading Permit and Site Plan Review(Planning Case No. ZON2008-00266)for the construction of a new 1,540 square foot addition to the rear of the residence, a 31 square foot addition at the front of the residence and 30 cubic yards of grading beneath the proposed addition for the property located at 29 Oceanaire Drive, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 28th day of April, 2009 by the following vote: AYES: Commissioners Knight, Ruttenberg, .Tetreault, Tomblin, Vice Chair Perestam and Chair Lewis NOES: None ABSTENTIONS: None ABSENT: None s e Ch an JoelAICP Direc�t(oorool!Plan n ir", uilding and c8 ta Venforcement; and, to Secreta to the Planning Commission P.C. Resolution No. 2009-10 Page 4 of 7 E HI IT m CONDITIONS F APPROVAL FOR PLANNING CASE NO. ZON2008-00266 (Li, 29 Oceanaire rive) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 following the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 3. approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 6. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of the Notice of Decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. P.C. Resolution No. 2009-10 Page 5 of 7 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of the Notice of Decision. 9. The construction site and adjacent public and private properties and streets 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 not be 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. 10. Permitted hours and days for construction activity are 7:00 ANI to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 11. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (35% proposed) and the following setbacks from the applicable property lines: Front 20 feet (46'-0"existing, no change) Side 5 feet(10=0"existing, no change for west side setback& 12'- 0"proposed for east side setback) Rear 15 feet (49'-8"proposed) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. A minimum 3-car garage shall be provided, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance. 14. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 15. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. P.C. Resolution No. 2009-10 Page 6 of 7 16. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. 17. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. Grading Permit Conditions: 18. Only 30 cubic yards of grading (cut) is approved for this project in order to accommodate the new addition at the rear of the residence. 19. Grading shall only occur beneath the footprint of the addition. Height Variation Conditions: 20. The new residence shall maintain a maximum height of 22'-7", as measured from the lowest finished grade adjacent to the building foundation/slab to the highest ridgeline of the residence, and 17'-3", as measured from the highest elevation of the existing building pad covered by the structure to the highest ridgeline of the residence. BUILDING HEIGHT CERTIFICATION IS REQUIRED. LICENSED CIVIL ENGINEER OR SURVEYORH LL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDINGOFFICIAL FOR REVIEWL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. P.C. Resolution No. 2009-10 Page 7 of 7