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PC RES 2013-004 P.C. RESOLUTION NO. 2013-04 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 A 412 SQUARE FOOT DETACHED GARAGE, CONSTRUCTION OF A NEW 1,560 SQUARE FOOT ADDITION, 370 SQUARE FOOT GARAGE, 49.5 CUBIC YARDS OF GRADING AND NEW RETAINING WALLS ALONG THE WEST' PROPERTY LINE AND REAR YARD. LOCATED AT 5448 BAYRIDGE ROAD(CASE NO;ZON2011- 0028'1). WHEREAS, on October 6, 2011, the property owners, Mr. and Mrs. Koch, submitted applications for Planning Case No. ZON2011-00281 for a Site Plan Review to construct a first story addition to the existing residence located at 5448 Bayridge; and, WHEREAS, on October 20, 2011, Staff completed the initial review of the application, at which time the application was deemed incomplete for processing. Subsequently, the applicant submitted a revised project with a request for a Height Variation and Grading Permit on December 1, 2011. The applicant submitted revisions on multiple occasions; and, WHEREAS, on January 2, 2013, the application for Planning Case No. ZON2011-00281 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(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 February 12, 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 10 signatures from the properties within 100 feet (76%) and 26 signatures from the property owners within 500 feet (25%) 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, a majority of the residences along the north side of Bayridge Road have expansive views of the Pacific Ocean in a southbound direction. The remaining residences located south and 50-60 feet upslope of Bayridge Road, along Elmbank Road, also have views of the Pacific Ocean in a southward direction. A windshield survey did not reveal any view impacts from neighboring properties. Staff also spoke with an upslope neighbor (property owner of 5433 Elmbank Road) who noted that the proposed project did not impair a protected view from her parcel. 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. 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 four closest homes (5504, 5456, 5442, and 5436 Bayridge Rd.) are also located more than 50-60 feet below the properties along Elmbank Rd. Staff is of the opinion P.C. Resolution No. 2013-04 Page 2 of 9 that construction of second story additions to these homes would not result in any view impairment to the properties above. G. With the exception of the existing legal, non-conforming front and east side yard setbacks, the proposed addition complies with all other Code requirements, including the development standards related to the RS-5 zoning district with respect to lot coverage and setbacks, and the off-street parking requirements for single- family residences. 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 maintain the architectural style found in the immediate neighborhood as well as the existing residence by utilizing a stucco finish, tile roof materials, and wood siding, similar to the materials found within the surrounding neighborhood. With regard to the overall size of the residence, the proposed addition has been designed to reduce potential bulk and mass as seen from neighboring properties by incorporating hipped and gable-end roof structures, and undulating facades to break up the appearance of the structure as seen from the street and other properties. 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 subject lot is located 50-60 feet below the properties along Elmbank Rd. The only residences that could potentially incur privacy impacts would be the properties directly to the east and west. However, the project includes windows whereby the lower half of the windows along the east and west facing facades will be translucent. Additional conditions of approval to ensure that privacy impacts are fully mitigated have been added to the project approval. Specifically, the conditions require that the lower half of the these windows be fixed and translucent. 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 (49.5 cubic yards of cut) and proposed retaining walls and garden wall allow the applicant the ability to expand and provide access to their rear yard. 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 and retaining walls will be located along the west side of the residence, in P.C. Resolution No. 2013-04 Page 3 of 9 the side and rear yard 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 and finished contours are reasonably natural. The applicant is proposing to construct a upslope retaining wall in the rear yard whereby no new contours will be created. The applicant is also proposing a new 3'-6" tall retaining wall along the west side yard and a 3'-6" to 4'-0" tall retaining wall with a small slope restored in front of the retaining wall at a maximum gradient of 30%. D. The grading takes into account the preservation of natural topographical features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. The grading would be limited to a small area at the rear of the property and along the side yard and driveway. In order to limit the visibility of the retaining wall, the applicant has proposed to restore a small amount of the slope in front of the retaining wall with a slope of 30%,which is similar to the slope that previously existing. 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 53% (39% 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 February 27, 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 P.C. Resolution No. 2013-04 Page 4 of 9 0 0 Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height Variation, Grading Permit and Site Plan Review(Planning Case No. ZON2011-00218)for the demolition of the existing 412 square foot garage, and the construction of a new 590 square foot first floor addition, 970 square foot second floor addition and a new 370 square foot attached garage. The approval also includes 49.5 cubic yards of grading for the construction of new retaining walls along the rear and side yard located at 5448 Bayridge Road, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 12th day of February 2013, by the following vote: AYES: Commissioners Leon, Lewis, Tomblin, Vice Chairman Emenhiser and Chairman Tetreault NOES: None ABSTENTIONS: None RECUSSALS: Commissioner Gerstner ABSENT: Commissioner Nelson PPtrea u It 6 - Chairman ~ re..3•2 . Joel Ro s, AICP Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2013-0 4 Page 5 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2011-00218 (Koch, 5448 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. 2013-04 Page 6 of 9 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 (39% proposed) and the following setbacks from the applicable property lines: Front 20 feet (16'-7"existing, No Change) Side East 5'feet (4'-7"existing, No Change) Side West 5 feet (5'-3"proposed) Rear 15 feet (30'-5"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. 2013-04 Page 7 of 9 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 412 square foot detached garage and the construction of a new 590 square foot first floor addition, 970 square foot second floor addition and new 370 square foot attached garage. The overall square footage of the residence and garage will be 3,382. 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 24'-9", as measured from the lowest finished grade adjacent to the foundation of the structure to the highest ridgeline and 22'-7.5", as measured from the highest existing grade covered by the structure 22'-5 5/8" to the top of the highest ridgeline (elev. 122.625'). BUILDING HEIGHT CERTIFICATION REQUIRED, Grading Permit Conditions 20. This approval allows a maximum of 49.5 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 retaining wall along the west side property line b. A 3'-6" to 4'-0" tall retaining wall along the west side of the driveway c. A 5'-8" to 6'-9" tall retaining wall along within the rear yard Privacy Impairment Mitigation Conditions 28. The second story windows located along the east and west facing façades of the proposed second story shall be fixed and translucent. Directly above each fixed window, a clerestory window that can be opened is permitted. The bottom of the clerestory window frames shall not be less than 5'-6" as measured from the interior second story floor. Prior to submittal of plans into Building and Safety Plan, the applicant shall provide revised plans illustrating these requirements. P.C. Resolution No. 2013-04 Page 8 of 9 Prior to "final" on the Building Permit, the applicant shall notify the planner to inspect these windows for compliance with this condition of approval. P.C. Resolution No. 2013-04 Page 9 of 9