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PC RES 2010-021 P.C. RESOLUTION NO. 2010-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION FOR A 587 SQUARE FOOT SECOND-STORY ADDITION TO THE EXISTING RESIDENCE(CASE NO.ZON2008- 00656) LOCATED AT 6752 EDDINGHILL DRIVE. WHEREAS, on December 23, 2008, the property owner, Mr. Alon, submitted a Height Variation application to the Community Development Department for review and processing requesting approval to construct a new 587 square foot addition to the existing single-story residence. On January 21, 2009, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, Staff deemed the application complete on April 19, 2010; and, WHEREAS, on April 22, 2010, Staff mailed notices to 95 property owners within a 500-foot radius from the subject property, providing a 30-day time period for the submittal of comments and concerns. In addition, a Public Notice was published in the Peninsula News on April 22, 2010; 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 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)(2)); 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 May 25, 2010, at which time all interested parties were given an opportunity to be heard and present evidence;and, WHEREAS, on May 25, 2010, the applicant granted a 90-day extension to the Permit Streamlining Act and the Planning Commission continued the public hearing to July 13, 2010 to allow the applicant to work with the neighbors and consider design modifications; and, NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: With respect to the application for a Height Variation to allow the construction of a 587 square foot second-story addition to the existing residence: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 60% of the property owners within a 500-foot radius of the subject property. B. The Height Variation is warranted since the proposed two-story 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 there are no City-designated viewing areas due to the topography in the area and the location of the subject property. C. The Height Variation is warranted since the proposed two-story addition that 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 neighborhood, on an existing pad lot. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. D. The Height Variation is warranted because the portions of the new residence which exceed sixteen feet in height, when considered exclusive of existing foliage, do not significantly impair views from the viewing area of another parcel due to the surrounding topography and configuration of the proposed residence. Specifically, Staff noted that the proposed addition would impair a less than significant amount of the expansive ocean views from 28349 and 28355 Plainfield as a majority of the existing, protected view as seen from these residences' living room, kitchen and dining room (same view) would be maintained. 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 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. Specifically, the view shed, as seen from the neighboring properties along Plainfield Drive are orientated toward the west, above the subject property and a majority of the homes along Eddinghill Dr. are already two-story residences.With the exception of 6758 Eddinghill, the five closest homes on either side of the project are developed as two-story structures and would not create further view impairments. Due to the fact that 6758 is located 5 feet below the subject property and 35-40 feet below the neighbors along Plainfield, any potential view impairment from the construction of a second story at 6758 Eddinghill would be less impairing that the subject addition which does not cause a significant view impairment. Further, Eddinghill is located over 30 feet below Plainfield and continues to descend toward the north which would lessen the potential for cumulative view impairment as seen from the neighbors along Plainfield. F. The Height Variation is warranted as the proposed addition, with the exception of the existing non-conforming front yard setback which would not be affected by the proposed project, complies with all other Code requirements, including the RS-4 zoning district development standards with respect to lot coverage and setbacks, and the off-street parking requirements for single-family residences. G. The Height Variation is warranted as the proposed structure 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. Specifically,the proposed residence and new addition would only be 9 square feet above the largest home in the neighborhood. The architectural style of the proposed residence would utilize similar architectural materials and styles found in the immediate neighborhood with low-pitched roofs, stucco siding and evenly proportioned windows along the front facade. Furthermore, the second story was positioned along the north side of the existing residence, which is similar to other two-story homes within the neighborhood. P.C. Resolution No. 2010-21 Page 2 of 6 H. The Height Variation is warranted since the new residence,as conditioned,would not create an unreasonable infringement of the privacy of the occupants of abutting residences as the applicant will be required to provide clerestory windows in the north side second-story fagade and windows are not proposed along the south side facade. Furthermore, the balcony would not create a privacy impact to the neighboring property to the north as the applicant reduced the balcony from 116 square feet to 58 square feet and due to the fact that existing foliage on the neighboring property provides a significant privacy barrier. Section 2: 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 July 13, 2010, 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, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height Variation (Case No. ZON2008- 00656)for the construction of a new 587 square foot second-story addition to the existing residence, located at 6752 Eddinghill Dr., subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 13th day of July 2010, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault and Vice Chairman Tomblin NOES: None ABSTENTIONS: None ABSENT: Chairman Gerstner Bill Gerstner Chairman Joel Rojas, IC Community Dev lopmen irector P.C. Resolution No. 2010-21 Page 3 of 6 EXHIBIT'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2008-00656 (Alon, 6752 Eddinghill Dr.) 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. 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: P.C. Resolution No. 2010-21 Page 4of6 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 AM 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 50% lot coverage(49.9%proposed)and the following setbacks from the applicable property lines: Front 20 feet(12'-4"existing, no change) North Side 5'-0"feet (5-11"existing and proposed) West Side 5 feet(5'-8"existing, no change) Rear 15 feet(20'-6"proposed) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. A minimum 2-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. 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. 18. The second story balcony shall not exceed a maximum of 58 square feet and shall not extend more than 4'-0" from the second story fagade within the rear yard. Height Variation Conditions: 19. This approval is for the construction of a new 587 square foot two-story addition to the P.C. Resolution No. 2010-21 Page 5 of 6 existing residence. Upon completion of the proposed addition, the square footage of the residence would be 3,090 square feet, including the garage. 20. The new residence shall maintain a maximum height of 22'-2", as measured from the lowest finished grade adjacent to the building foundation/slab (elevation 102.9') to the highest ridgeline (elevation 125.0'). BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 21. Other than the required spark arrestors, there shall not be any decorative/architectural features on the tops of the chimneys. Since a spark arrestor is required for every chimney, the spark arrestor shall be considered part of the chimney. Therefore, the proposed chimneys shall not be any higher than the minimum height required by the Uniform Building Code. The spark arrestors on the chimneys shall be the shortest spark arrestor required by the manufacturers specifications for the type of fireplace installed. 22. The windows along north facing facade of the second-story addition shall be clerestory windows. Prior to submittal of plans into Building and Safety Division Plan Check, the Applicant shall revise the plans so that the window is shown as clerestory. 23. Windows along the south facing fagade of the second-story addition shall be prohibited without review and approval by the Planning Commission. P.C. Resolution No. 2010-21 Page 6 of 6