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PC RES 2010-032 P.C. RESOLUTION NO. 2010-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A VARIANCE, COASTAL PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A 191 SQUARE FOOT BALCONY AT THE FRONT OF AN EXISTING SPLIT-LEVEL RESIDENCE, PROJECTING INTO THE FRONT AND NORTH SIDE SETBACKS, AND EXCEEDING THE MAXIMUM LOT COVERAGE ALLOWABLE LOCATED AT 109 SPINDRIFT DRIVE (ZON2009-00402). WHEREAS, on September 16, 2009, the City approved a Landslide Moratorium Exemption permit (Case No. ZON2009-00065) for the proposed project at 109 Spindrift Drive, which included conceptual approval of the Geology Report by the Geologist; and, WHEREAS, on October 12, 2010, the applicant and homeowner submitted a Variance, Coastal Permit, and Site Plan Review application, with Neighborhood Compatibility, to the Community Development Department; and, WHEREAS, after an initial completeness review by Staff on October 19, 2010, the application was deemed incomplete; and, WHEREAS, after additional information was submitted again on June 24, 2010; July 1, 2010; July 28, 2010; August 13, 2010; and August 26, 2010, the application was deemed generally complete for processing on September 2, 2010; and, WHEREAS, on September 16, 2010, notice of the application was sent to all property owners within 500 feet of the subject site, including the property owner, applicant, the Portuguese Bend Club homeowners association, and the California Coastal Commission; and, WHEREAS, on September 16, 2010, the notice of application was published in the Palos Verdes Peninsula News; 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 Variance, Coastal Permit and Site Plan Review application will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, on October 12, 2010, the Planning Commission held a public hearing, 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 Variance, Coastal Permit and Site Plan Review request is for the construction of a 191 square foot balcony at the front of an existing split-level residence, projecting into the front and north side setbacks, exceeding the maximum lot coverage P.C. Resolution No. 2010-32 Page 1 of 7 allowable, and exceeding the 50% minimum landscaping area in the front setback area. Section 2: The Variance to allow 1) reduced setbacks for a balcony structure within the front and north side setbacks and 2) a structure resulting in over the maximum 40% lot coverage on the property can be approved because: 1.1 In reference to reduced setbacks for a balcony structure within the front and north side setbacks: A. There are exceptional or extraordinary circumstances or conditions applicable to the property or designated land use that do not apply to other properties in the same zoning district because upon surveying the immediate neighborhood, the majority of residences surrounding this property do not have conforming front or side yard setbacks due to the non-conforming size of most of the lots which are not typical for the RS-2 zoning districts. B. The reduced setbacks for the 191 square foot balcony are necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners in the same zoning district because many other homes within the immediate neighborhood have portions of their structure built within the required front and side setback areas, including balcony-like structures. Also, in order to enjoy the view from the property, the only available area in which to proposed usable outdoor space is along the front of the existing residence, within these front and side setback areas, similar to what currently existing within the neighborhood. C. Construction of the balcony with a reduced front and side yard setback will not be materially detrimental to the surrounding neighborhood as the applicant has submitted and received conceptual approval of a geology report reviewed by the City Geologist indicating that there are no geological hazards caused by the proposed additions. Additionally, all construction is required to adhere to the provisions of the California Uniform Building Code, as amended by the City of Rancho Palos Verdes, and will be required to meet all Planning Conditions of Approval. Lastly, a Condition of Approval has been added requiring a privacy screen along the southern side of the proposed balcony in order to alleviate any potential privacy impacts to the neighboring property. D. Construction of a balcony with a reduced front and side yard setback would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the development and improvement of additions to a single-family residence and related accessory structures are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (Pg. 78), which calls upon the City to "fencourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The proposed project implements this policy as the proposed construction and deviations from the code are common within the Portuguese Bend Club. 1.2 In reference to the structure resulting in over the maximum 40% lot coverage: A. There are exceptional or extraordinary circumstances or conditions applicable to the property or designated land use that do not apply to other properties in the same zoning P.C. Resolution No. 2010-32 Page 2 of 7 district because the subject property currently does not meet the maximum allowable lot coverage requirement due to the non-conforming lot size which is common for the Portuguese Bend Club neighborhood. B. Exceeding the maximum 40% lot coverage allowable is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners in the same zoning district because many other lots within the neighborhood currently exceed the allowable maximum lot coverage restrictions, with the existing buildings built on non-conforming sized lots where meeting the 40% maximum lot coverage restriction would be unreasonable. C. Construction of a balcony structure, which will exceed the maximum 40% lot coverage restriction, will not be materially detrimental to the surround neighborhood as the existing residence already exceeds the lot coverage threshold, and the balcony is proposed in an area in which many other neighborhood lots currently have structures already built in this area. D. Exceeding the maximum 40% lot coverage allowable in the front yard area would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the development and improvement of additions to a single-family residence and related accessory structures are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (Pg. 78), which calls upon the City to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The proposed project implements this policy as the proposed construction and deviations from the code are common within the Portuguese Bend Club. Section 3: The Coastal Permit for construction of a structure within the Coastal Zone can be approved because: A. The construction is consistent with the Coastal Specific Plan. The subject site is located within Subregion 6 of the Coastal Specific Plan which is an existing residential area built as part of the private, gated community of the Portuguese Bend Club. This region is bordered by the Active Portuguese Bend Landslide to the west and by the Trump National driving range to the east, which is part of Subregion 7. The intent of Subregion 6 of the Coastal Specific Plan is to protect natural resources as well as public access and to maintain the "strong unified character...and active homogeneity which establishes it as a distinct neighborhood." The proposed balcony is in line with other development found along Spindrift Drive and the immediate neighborhood, thereby maintaining the character and homogeneity found within this neighborhood and consistent with Subregion 6 of the Coastal Specific Plan. Furthermore, the subject site is currently developed with a single-family residence and the site is not located in an area dedicated for public access. B. The "Path and Trail Network" Section of Subregion 6 of the City's Coastal Specific Plan states "no public trails or coastal access points are provided now within the Subregion [6], nor are they proposed for the future.... This private access is a positive measure in controlling human exposure to the sensitive intertidal habitat in the area." Further, the subject property and proposed balcony does not affect the other public access and P.C. Resolution No. 2010-32 Page 3 of 7 recreation policies identified in the Corridor Element of the City's Coastal Plan. Section 4: The scale of the proposed balcony is compatible with the immediate area; as there are many other balcony-like structures along the front of the residences in the immediate neighborhood that appear similar is size and shape; and the overall lot coverage appears to be similar to what is seen in aerial photos of the neighborhood. Section 5: The architectural style of the proposed balcony is compatible with the immediate area, as the proposed project was designed to match the materials of the main residence, as well as reflect other architectural features seen among the residences in the immediate neighborhood; the structure height does not significantly impair the view from the viewing areas of surrounding properties; and, the bulk and mass of the proposed project is balanced out by the amount of space around the structure and between neighboring property structures. Section 6: The setbacks for the proposed balcony are compatible with the immediate area, as there were other structures observed in the immediate neighborhood that currently do not meet or encroach within the required setback standards in a similar manner as the proposed balcony. Section 7: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, October 27, 2010. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on October 27, 2010. Section 11: For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves the Variance, Coastal Permit and Site Plan Review, subject to the conditions set forth in the attached `Exhibit A' (Case No. ZON2009-00402). PASSED, APPROVED AND ADOPTED this 12th day of October 2010, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Tetreault, Vice Chairman Tomblin, Chairman Gerstner NOES: None RECUSALS: Commissioner Lewis ABSTENTIONS: None ABSENT: None Bill rstner, Chairman Joel Roja , ICP Commu ty 1evelopUnt Director; and, Secreta f the Planning Commission P.C. Resolution No. 2010 32 Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. ZON2009-00402 (VAR, CP, SPR) 109 SPINDRIFT DRIVE 1. Approval of this Variance, Coastal Permit and Site Plan Review Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 2. The approval shall become null and void after 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, said, "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3. 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. Said statement shall be submitted to the Community Development Director prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. This approval of a Variance, Coastal and Site Plan Review Permit is for the construction of a 191 square foot balcony, accessed solely from the second story, in the front yard area of an existing single-family residential property. This approval also allows a partial remodel of the existing structure, as well as new landscaping and hardscape within the front yard area. 5. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: Front Yard: V-5" (as measured from the 20 foot right of way easement) Rear Yard: 16'-0" (no change) Side Yard: 4'-1" (measured from the northern side property line) 5-0" (measured from the southern side property line) SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT AND SIDE YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE PROPOSED STRUCTURE. 6. The height of the proposed balcony is limited to 15'-0" tall, as measured from the lowest adjacent grade to the top of the railing, and 13'-7" tall, as measured from the highest adjacent grade to the top of the railing. 7. A privacy screen shall be constructed along the southern side of the proposed balcony, adjacent to the main structure, not to exceed 8'-0" tall as measured from the balcony flooring. The material of this privacy wall shall be of a solid or opaque material that P.C. Resolution No. 2010-32 Page 5 of 7 blends with the residence, and is subject to review and approval by the Community Development Director prior to submittal for a Building Permit. 8. Variance approval allows the proposed lot coverage to exceed the maximum allowed lot coverage (40%), thus increasing the lot coverage to 44%. 9. No more than 50% of any existing interior and exterior walls or existing square footage may be removed or demolished. Residential buildings that are remodeled or renovated such that 50% or greater of any existing interior or exterior walls or existing square footage is demolished or removed within a two-year period shall be considered a new residence and shall then conform to all current development standards for that zoning district and the most recently adopted version of the Uniform Building Code. 10. No grading is allowed through this approval. 11. Any outdoor furnishings, accessories or plants located on the roof deck, which exceed the height limits established in Development Code Section 17.02.040, shall not significantly impair a view from.surrounding properties. 12. All conditions associated with the Landslide Moratorium Exception Permit (ZON2009- 00065) shall remain in full effect in association with approval of this Variance, Coastal and Site Plan Review permit. 13. The Community Development Director is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions. Any modifications the Director does not deem minor requires approval from the original final decision body. 14. 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. Trucks and other construction vehicles 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 above. 15. 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 single- family residential development standards of the City's Municipal Code. 16. The construction site, 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 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. 17. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2010-32 Page 6 of 7 18. 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. 19. 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. 20. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 21. The construction site shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on the 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. P.C. Resolution No. 2010-32 Page 7 of 7