Loading...
PC RES 2013-007 P.C. RESOLUTION NO. 2013-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, GRADING PERMIT AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING RESIDENCE AND THE CONSTRUCTION OF A NEW 4,750 SQUARE FOOT, TWO-STORY RESIDENCE, 401 CUBIC YARDS OF GRADING AND TWO (2) NEW 42" TALL RETAINING WALLS ALONG THE SIDE PROPERTY LINES LOCATED AT 5345 BAYRIDGE ROAD (CASE NO ZON2012-00172). WHEREAS, on May 30, 2012,the property owners, Mr. and Mrs. Shiang,submitted applications for Planning Case No.ZON2012-00172 for a Height Variation, Grading Permit and Site Plan Review to demolish the existing residence and construct a new two-story residence; and, WHEREAS, on June 29, 2012, Staff completed the initial review of the application, at which time the application was deemed incomplete for processing. The applicant submitted revisions on multiple occasions; and, WHEREAS, on January 10, 2013, the application for Planning Case No. ZON2012-00172 was deemed complete by Staff; 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 applications would have a significant effect on the environment and, therefore,the proposed project has been found to be categorically exempt (Section 15303(a)); 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 February 26, 2013, 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: With respect to the application for a Height Variation to allow the construction of a new second story addition: A. The applicant has complied with the Early Neighbor Consultation process established by obtaining 8 signatures from the properties within 100 feet(80%)and P.C. Resolution No. 2013-07 1 of 10 27 signatures from the property owners within 500 feet (39%) of the subject property. B. The Height Variation is warranted since the proposed two-story addition that 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 and will therefore, not impair a view. 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 proposed new addition 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. Specifically, most of the residences along the south side of Bayridge Road do not have expansive views of the Los Angeles Basin or distant mountain views. Although it was determined that the property owners of 5348 Bayridge Road have a view of distant mountains from their viewing area (living room), based on the silhouette markings, the view of the mountains where the proposed structure is located would be completely obstructed by a"by-right" 16'-O"tall residence, as measured from the highest existing grade on the pad. As such, the portions of the proposed project which exceed the 16'-0" "by-right" height limit would not obstruct any protected views from the viewing area of 5348 Bayridge Road. A view analysis was also conducted at 26333 Silver Spur and 26220 Birchfield, whereby it was determined that the proposed project does not significantly impair views of the Los Angeles Basin city lights and mountains from these two properties. Although a small portion of their expansive view will be blocked by a portion of the proposed residence over 16'-0", the impairment will obstruct less than 5% of their entire protected view and not considered significant impairment. E. The Height Variation is warranted because the proposed new structure that is above sixteen feet in height is designed and situated in such a manner as to reasonable minimize the impairment of a view due to the fact that the second story addition does not create a view impairment from a neighboring property.Although the project does impair a view of the Los Angeles Basin city lights from 26220 Birchfield, the overall impairment would be less than 5% of the entire view and would not be a significant impairment. Nonetheless, the home owner and applicant have worked with the property owners of 26220 Birchfield to reduce any potential impacts. The P.C. Resolution No. 2013-07 2 of 10 property was lowered by 3'-0" in order to reduce the ridgeline. Furthermore, in working with the property owners at 5348 Bayridge Road, although they do not have a protected view above 16'..0", the applicant relocated a portion of the second story to afford this property owner a view corridor in between homes. F. 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 if similar new structures or additions that exceed sixteen feet in height. The proposed project, which exceeds the 16'-0""by-right" height limit, does not result in significant view impairment to other properties within the neighborhood. However, when considering cumulative view impairment, the City shall consider potential future projects with similar heights and design on the four closest properties(5357, 5351, 5337, and 5329 Bayridge Rd.). As 5329 Bayridge is already a two-story home, no further impairment can be created from this property. The property owners at 26333 Silver Spur and 26220 Birchfield have views of the Los Angeles Basin and distant, mountain views. Although view impairment was observed from these two properties,the view impairment is not significant. Furthermore,cumulative view impairment was not found from these two properties when considering a similar project being constructed at 5357, 5351, or 5337 Bayridge Road. Given the difference in topography, lot orientations and expansive views already observed from these two properties, no cumulative view impairment would result from a second story being constructed at the subject property and the three (3) aforementioned properties. G. The residence complies with the City's Development Code standards with regard to setbacks, lot coverage and parking. The new residence would meet the required 20'-0"front and 5'-0"side yard setbacks, and would be well outside of the required 15'-0" rear yard setback. Additionally, lot coverage for the subject property would include 4,894 square feet, or 44.7%of the 10,939 square foot pad lot.Therefore,as the proposal complies with the standards set forth in the City's Development Code, this finding can be made and adopted. H. 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 proposed lot coverage and setbacks are consistent with those of the surrounding properties. The architectural style of the proposed residence would merge the design elements of the existing California bungalow style architecture found within the immediate neighborhood, and typical of tract homes constructed in the 1960's, with a more modern and contemporary architectural design.The proposed facade treatments include a cement plaster siding, wood garage door, P.C. Resolution No. 2013-07 3 of 10 and wood and stone accents. A surveying of the 20 closest homes concluded that the immediate neighborhood is comprised of stucco-finished residences with wood, brick or stone accents. While the residences do not appear to use cement plaster on the facades of the residence, the cement plaster bares a similar appearance to smooth stucco finishes, which can be seen on surrounding homes. Similarly, the overall scale of the proposed residence is within the range of home sizes within the immediate neighborhood and the undulating facades and multiple roof lines reduce potential bulk and mass impact. The Height Variation is warranted since the new addition, as conditioned,would not create an unreasonable infringement of the privacy of the occupants of abutting residences. The applicant has designed the second story windows along the west facing side facade to be clerestory windows to address potential privacy impacts to the immediate neighbor located west of the subject property.While a majority of the windows along the east facing façade do not create a privacy impact to the immediate neighbor to the east, as they look into onto the neighbor's roof and front yard, the window at the south end of the residence, along the east façade(near the proposed "Craft Room") will create a privacy impact to the immediate neighbor to the east. in order to address this impact, a condition of approval was added to the project requiring these two windows to be fixed and translucent. Further, the property owners at 5348 Bayridge Rd.expressed concern that the new second-story windows would create a new privacy impact to the living room and master bedroom. The Height Variation Guidelines give greater weight to protecting outdoor privacy, given the options available for a home owner to limit visibility into their home. Additionally, after visiting the 5348 Bayridge Rd., it was determined that the interior of this existing home can currently be seen from motorists or pedestrians along the public right-of-way, as well as the residences located across the street, on the north side of Bayridge Road. The addition of second-story windows would not create a new privacy impact due to the fact that views of streets or onto front yards across the street is not protected as it is reasonable to assume that the public can see/view another properties front yard from front windows. Section 2: With regard to the Grading Permit: A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot. Specifically, the underlying zoning district is single-family residential and the property was previously graded to accommodate a new single- family residence. The proposed grading (401 cubic yards of cut) and proposed retaining walls allow the applicant the ability to expand their property and slightly lower the overall height of the home to accommodate a new two-story residence. B. The proposed grading does not significantly adversely affect the visual relationships with nor the views from the viewing area of neighboring properties. The proposed grading will occur beneath the proposed residence and retaining walls will be P.C. Resolution No. 2013-07 4 of 10 located along the side property lines of the residence and will not be easily visible from the public right-of-way or neighboring properties. C. The nature of the grading minimizes disturbances to the natural contours as the applicant is proposing to lower the existing pad of the lot and no new finished contours are proposed. D. The grading takes into account the preservation of natural topographical features and appearances by limited the grading to the existing pad area.The overall lot will be lowered by 3'-0" and no new land sculpturing beyond the top of the slope is proposed. E. 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. F. The grading conforms to the City's standards for grading on slopes, cut and fill and finished slope contours. Specifically, the proposed grading would not occur on an extreme slope (35%or greater), the proposed grading will not significantly alter the contours of the lot, and no finished slopes that exceed 35% will be created. Section 4: The Site Plan Review Permit can be approved as the proposed project will comply with the required residential setback standards, lot coverage and the maximum allowable heights as presented in the Development Code for the RS-5 zone. Specifically, the project will meet the maximum allowable lot coverage of 52% (44.7% proposed), is compatible with the neighborhood and the proposed setbacks far exceed the minimum required setbacks for residential lots. Section 5: 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 March 12, 2013, 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, Grading Permit and Site Plan Review(Planning Case No. ZON2012-00172)for the demolition of the existing single-family residence and the construction of a new 4,75- square foot residence and garage, 401 cubic yards of grading and two 42" tall retaining walls along each side of the property located at 5345 Bayridge Road, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2013-07 5 of 10 PASSED, APPROVED,AND ADOPTED this 12th day of March 2013, by the following vote: AYES: Commissioners Nelson and Tomblin, ;and Chairman Emenhiser NOES: Vice Chairman Leon ABSTENTIONS: Commissioner Lewis RECUSSALS: Commissioner Gerstner ABSENT: Commissioner Tetreault David menhiser Chairman *IN Joel Rojas • cP Commu ity ' -velop - Director Secreta to ► e Plan • Commission P.C. Resolution No. 2013-07 Page 6 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2012-00172 (Shiang, 5345 Bayridge) 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 because 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 Community Development Director 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. 2013-07 7 of 10 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 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 52% lot coverage (44.7% proposed) and the following setbacks from the applicable property lines: Front 20 feet (20'-O"proposed) Side East 5'feet (5'-6"proposed) Side West 5 feet (5'-7"proposed) Rear 15 feet (61'-5W 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 maintained, 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. 2013-07 8 of 10 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. Height Variation Conditions: 18. This approval is for the demolition of an existing single story residence and the construction of a new 4,345 square foot two-story residence and 395 square foot attached garage. The overall square footage of the residence and garage will be 4,750. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 19. The maximum ridgeline of the approved project will be 22'-5", as measured from the lowest finished grade adjacent to the foundation of the structure (elev. 95.0')to the highest ridgeline (elev. 117.4'), and 18'-9", as measured from the highest existing grade covered by the structure(elev. 98.65')to the top of the highest ridgeline(elev. 117.4'). BUILDING HEIGHT CERTIFICATION REQUIRED. 20. All utility lines installed to serve the new residence shall be placed underground from an existing power pole or other point of connect off-site. Grading Permit Conditions 21. This approval allows a maximum of 401 cubic yards of grading to be located at the rear and along the west side of the residence. 27. The following retaining walls are permitted: a. A 3'-6" tall downslope retaining wall along the east side property line; and, b. A 3'-6" tall downslope retaining wall along the west side property line. Public Works Conditions 28. All work in the public right-of-way requires an approved encroachment permit issued by the Department of Public Works, prior to the start of work in the public right-of- way. P.C. Resolution No. 2013-07 9 of 10 29. If the property owner intends to use a debris dumpster in conjunction with an open Building Permit,the dumpster provider must be an approved vendor, as listed in the Public Works Department. 30. For the existing driveway approach that will be removed, the applicant is required to replace the curb, gutter and parkway area to a condition that is consistent with the surrounding improvements, including, but not limited to, grass or sod. 31. If the existing mailbox is relocated, the replacement of the mailbox must have at least 24" of clearance between east edge of the new driveway apron and the existing street light. 32. The staging of equipment and/or material in the public right-of-way is prohibited without prior approval from the Public Works Department. P.C. Resolution No. 2013-07 10 of 10