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PC RES 2011-012 P.C. RESOLUTION NO. 2011-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE DIRECTOR'S DECISION TO APPROVE, WITH CONDITIONS, SITE PLAN REVIEW AND EXTREME SLOPE PERMIT CASE NO. ZON2009- 00108 FOR THE CONSTRUCTION OF A 512 SQUARE FOOT UPPER LEVEL ADDITION, 1,092 SQUARE FOOT ENTRY LEVEL ADDITION 501 SQUARE FOOT LOWER LEVEL ADDITION, AND TWO NEW DECKS, A PORTION OF WHICH EXTEND BEYOND THE TOP OF AN EXTREME SLOPE, ON A PROPERTY LOCATED AT 21 CAYUSE LANE. WHEREAS, on March 24, 2009, the applicant formally submitted Site Plan Review and Extreme Slope Permit requesting approval to construct a 2,105 square foot addition to the existing residence and two new decks, a portion of which would extend beyond the top of an extreme slope; and, WHEREAS, on April 16, 2009, April 20, 2009, July 12, 2010 and on September 7, 2010, the applicant submitted revisions; and, WHEREAS, upon submittal of the required information, construction of the temporary silhouette and submittal of the silhouette certification form, the case was deemed complete by Staff on September 14, 2010. Subsequently, a notice of application was mailed to 61 property owners within a 500' radius of the subject site and the notice was published in the Palos Verdes Peninsula News on September 23, 2010; and, WHEREAS, on November 11, 2010, the project applicant granted a one-time 90-day extension to the Permit Streamlining Act to allow staff additional time to assess the project in response to certain comment letters received from Rose Marie Di Santo and Hazel Di Santo; and, WHEREAS, the proposed project is exempt from the provisions of the California Environmental Quality Act(CEQA), under Article 19, Section 15303(e)(2)(additions)of the California Guidelines for Implementation of the CEQA. Specifically, the project includes the minor addition and alteration to an existing structure that will not result in a structure that exceeds 10,000 square feet. Further, the project is in an area where all public services and facilities are available and the project is not located in an environmentally sensitive area. As such, this project has been determined not to have a significant impact on the environment; and, WHEREAS, on November 29, 2010,the Community Development Director reviewed and approved Case No. ZON2009-00108, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on December 13, 2010, within fifteen (15) days following the Director's Notice of Decision, an attorney representing Rose Marie and Hazel Di Santo (hereinafter referred to as Appellants), filed an appeal to the Planning Commission requesting that the Planning Commission overturn the Director's approval of Case No. ZON2009-00108; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 8, 2011, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW,THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Site Plan Review to allow the new addition and other ancillary site improvements can be approved because: A. The proposed residence and resulting appearance will not significantly change the appearance of the immediate neighborhood and the residence will be compatible with the immediate neighborhood. The architectural style, roofing material, exterior finishes, and building materials will be consistent with other homes in the neighborhood. Although the resulting 5,440 square foot residence will be 2,159 square feet greater than the neighborhood average, the size of the proposed residence is found to be within the range of the homes in the immediate neighborhood, which range from 2,351 square feet to 5,529 square feet. Further, the single-story configuration of the proposed residence as seen from the street mitigates the potential concern for creating bulk and mass. Lastly, the building setbacks from the corresponding property lines are found to be comparable with the residences found in the immediate neighborhood, with a 16-0" north side yard setback and 35-0" south side yard setback. Section 2: The Extreme Slope Permit to allow two decks, a portion of which extends beyond the top of an extreme slope may be granted because: A. The site cannot reasonably accommodate the decks except on an extreme slope. The proposed deck is intended to be used as an outdoor eating and barbecue area adjacent to the kitchen. Although there are other areas on the site that could accommodate a table and portable barbecue, those areas are far from the kitchen and are located on the lower floor area. Proximity to the kitchen is important for transporting food back and forth, and there is no other location on site that offers that proximity. Additionally, decks that extend over extreme slopes are common in the surrounding hillside neighborhood. If the applicant reduced the size of the deck so that no portions of the deck could extend beyond the top of the previously existing extreme slope, the deck would only be 5'-0"to 7'-0"feet wide and could not reasonably accommodate an outside table. Furthermore, there is an existing deck located in the same area whereby a portion of the deck will be removed for the construction of the kitchen. B. Granting the Extreme Slope Permit will result in no significant adverse effect on neighboring properties, including view impairment, visual impact, slope instability, P.C. Resolution No. 2011-12 Page 2 increased runoff and other adverse impacts. As part of the building and safety review of the deck and associated supporting walls, the applicant will need to obtain approval from the City's Geologist ensuring that the new deck and support walls will not create a negative geological impact to the area. Additionally, the applicant will need to satisfy the City's Building Official ensuring that the deck has been engineered and constructed in a manner that meets the requirements of the Building Code. Further, in addition to the structural aspects of the deck, Staff conducted a view and visual analysis of the proposed deck, and concluded that the deck would have no adverse impact to views as seen from neighboring properties. The deck will not be easily visible from other properties due to the topography in the surrounding neighborhood and existing foliage on the subject property that obstructs visibility of the deck. C. Granting the Extreme Slope Permit will not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed deck would only potentially affect the property to the north, at 28438 Cayuse Lane. The residential pad for the neighbors property is over 30 feet below the subject property.Although a portion of the neighbors rear yard and spa will be more visible from the northeast portion of the proposed deck, the views into the neighbor's property will be no more of an infringement than existing views into the neighbor's yard from other areas of the subject residence. In fact, the views from the proposed deck into the neighbor's backyard will be less of an infringement than views from the existing living room and deck off the rear of the subject house. D. Any disturbance of the slope will be insignificant. The foundation of the proposed deck would be located at the top of the extreme slope. Furthermore, the construction associated with the deck and support walls will be required to be reviewed by the City Geologist and Building Official. E. Granting the Extreme Slope Permit is consistent with the General Plan, Coastal Specific Plan or any other application plan. According to the General Plan, "Itis the goal of the City of Rancho Palos Verdes to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods;and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community." Through the approval of an Extreme Slope Permit for the proposed deck, the project will adequately serve the needs of the property owner by allowing him/her to have a sufficient, functional, useable and adequate access to outdoor eating area from the kitchen area of the home.Additionally, the project will not have a negative impact to the visual character and physical quality of the existing neighborhood. 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 P.C. Resolution No. 2011-12 Page 3 appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following March 8, 2011, the date of the Planning Commission's final action. Section 5: 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 denies the appeal and upholds the Director's decision, and thereby conditionally approves Site Plan Review and Extreme Slope Permit (Planning Case No. ZON2009-00108) for a 512 square foot upper level addition, 1,092 square foot addition to the entry level, a 501 square foot addition to the lower level and the construction of two decks, a portion of which extend beyond the top of an extreme slope located at 21 Cayuse Lane, subject to the conditions of approval in the Director's Notice of Decision dated November 29, 2010. PASSED, APPROVED, AND ADOPTED this 8t" day of March 2011, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis and Chairman Tomblin NOES: None ABSTENTIONS: Commissioner Gerstner RECUSALS: None ABSENT: vice Chairman Tetreault omblin Chairman Joel Rojas, aic Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2011-12 Page 4