PC RES 2014-020 P.C. RESOLUTION NO. 2014-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND SITE PLAN
REVIEW TO ALLOW THE CONSTRUCTION OF AN 835
SQUARE FOOT FIRST FLOOR ADDITION, 924 SQUARE
FOOT SECOND FLOOR ADDITION AND 148 SQUARE
FOOT BALCONY ON THE PROPERTY LOCATED AT 29926
AVENIDA AN'ILLO (CASE NO ZON2013-00510).
WHEREAS, On December 13, 2013, the applicant submitted Site Plan Review and
Height Variation Permit applications to the Community Development Department,
requesting approval to construct a new one-and two-story addition to the existing two-story
residence located at 29926 Avenida Anillo. After an initial review of the application, Staff
deemed the application incomplete on December 19, 2013; and,
WHEREAS, on February 23, 2014, the application for Planning Case
No. ZON2013-00510 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 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, on February 24, 20147 Staff mailed notices to 62 property owners within
a 500-foot radius from the subject property, providing a 30-day time period for the submittal
of comments and concerns, and noting the April 8, 2014 date of the public hearing for the
project. In addition, a Public Notice was published in the Peninsula News on February 27,.
2014; and,
WHEREAS, on March 28, 2014, Staff received a letter from the property owner
asking that the public hearing for the project be continued to June 24, 2014 to allow the
applicant time to redesign the project to meet the concerns of the neighbors. Within the
letter, the Applicant granted a one-time 90-day extension to the Permit Streamlining Act,
thereby extending the decision deadline for the project from April 25, 2014 to July 24,
2014.
WHEREAS, on April 8, 2014, at the request of the applicant, the Planning
Commission continued the public hearing to June 24, 2014 to allow the applicant time to
redesign the project to address concerns relayed by Staff and neighbors. The Planning
Commission did not hear any public testimony at the April 8, 2014 meeting.
WHEREAS, on May 14, 2014, the applicant submitted a revised project and new
silhouette certification form; and,
WHEREAS, on May 22, 2014, Staff sent out a new Public Notice to all property
owners within a 500-foot radius and published the notice in the Peninsula News. The new
notice described the revised project and June 2,4, 2014 public hearing date; and,
WHEREAS, after a second public notice was issued for the revised project, the
Planning Commission held a duly-noticed public hearing on June 24, 2014, at which time
the Planning Commission, after considering testimony, continued the public hearing to July
22, 2014 to allow the applicant time to revise the plans so that the two-story addition blends
seamlessly with the existing residence. Specifically, the Planning Commission requested
that the applicant provide more fenestration to the two-story fagade, and provide more
design elements that were consistent with the post and beam construction of the existing
residence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to, the application for a Height Variation to allow the construction of a 924 square
foot two-story addition:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 9 signatures from the properties within 100 feet (75%) and
17 signatures from the property owners within 500 feet (32%) 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
P.C. Resolution No. 2014-20
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significantly impair a view from the viewing area of another parcel. The proposed
project would not significantly impair the views from a majority of the surrounding
residences due to the topography in the immediate neighborhood, lot
configurations, and existing development, The project would not significantly affect
views from viewing areas of properties along Avenida Tranquila, however a view
analysis was conducted from 30015 Avenida Tranquila in response to a letter
received. Due to the fact that the addition would only impair a very minimal portion
of the Pacific Ocean (less than 5%) when considering the entire view frame,
irrespective of existing foliage, the view impairment would not be considered
significant. As such, the view impairment from this property is less than significant.
F The Height Variation is warranted because the residence has been designed in
such a manner as to reasonably minimize the impairment of view. Given the
topography on the existing property, the property is limited in area to construct a
new addition. The project has been designed with a ridgeline comparable to the
ridgeline of the existing residence, but at a slightly higher elevation due to the fact
that the residence is a split-level home and the addition is on the higher pad
elevation. Given the nominal increase in the height of the residence, by 3"-3 Y2",
combined with the fact that the addition would not create a significant view
impairment, further changes to the design of the project, such as reducing the
height of the addition, would not result in a demonstrative improvement of the view,
as seen from the primary view area of 30015 Avenida Tranquila.
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. In
order to address this finding, an assessment was conducted of the amount of
cumulative view impairment that would be caused to this property if a similar
addition over 16-0", such as the proposed project, was also constructed on other
nearby properties. According the City's Height Variation Guidelines, the assessment
did not extend beyond 3 parcels adjacent to the subject property. Based on the
existing neighborhood, the three closest properties to the applicant, are located at
29927 Avenida Anillo, 6361 Crest Road and 6955 Crest Road. The property located
at 29927 Avenida Anillo is a split level home, similar to the existing residence and is
located at a lower elevation by approximately 10 feet. A similar addition on this split-
level home would not create a significant view impairment. The properties located at
6961 and 6955 Crest Road are developed with single-story residences that are 10
to 15 feet above the subject property, respectively. Although these properties are
not split-level homes, a residence at a "by-right" height of 16'-0" would be located
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above the horizon line, as measured from preconstruction grade and would not
create a cumulative view impairment impact as seen from 30015 Avenida Tranquila.
F. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-3 zoning district with respect to lot
coverage and setbacks, and the off-street parking requirements for single-family
residences.
G. 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 and mission tile roof materials, similar
to the materials used when the entire residential tract was originally constructed.
Additionally, the applicant has provided surface elements and fagade treatments
that are consistent with the post and beam construction of the existing residence.
Furthermore, although the structure size exceeds the largest home in the
neighborhood, the project has been designed so that the impacts of the new two-
story home are minimized. The project will not be easily visible from Avenida Anillo
due to the existing topography and on-site foliage. Additionally, while the new
addition will be visible from Crest Rd., the applicant has redesigned the project so
that the new second story setback is over 38,feet from the property line along Crest
Rd., and 9'-10" from the first floor addition, therefore offering a large second story
setback as seen from the road.
H. The Height Variation is warranted since the new addition and deck would not create
an unreasonable infringement of the privacy of the occupants of abutting
residences. Given the existing topography and foliage between the subject property
and the property to the east, no new privacy impacts would be created as a result of
the new two-story addition. Furthermore, given that the addition is located near the
corner of Avenida Anillo and Crest Rd., facing the public street, the new addition
would not create any other privacy impacts to neighboring properties. Lastly, the
proposed new 148 square foot balcony that faces the public street, would not create
any new privacy impacts to neighboring properties.
Section 2: With regard to the Site Plan Review, the proposed 835 square foot
first floor addition would comply with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-3 zone. Further, as noted in the Height Variation findings above,the addition will be
compatible with the surrounding neighborhood.
Section 3: 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
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square foot balcony located at 29926 Avendia Anillo, subject to the conditions of approval
in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 22 th day of July 2014, by the following vote.
AYES- Commissioners Cruikshank, Emenhiser, Gerstner, James, Tomblin,
Vice Chairman Nelson and Chairman Leon
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
Gordon Leon
Chairman
Joel Rojas, AICP
Community Development Director
Secretary to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2013-00510
(Gupta, 29926 Avenida Anillo)
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 contained in this
Resolution. 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 conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the applicant
shall obtain an encroachment permit from the Director of Public Works.
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 Community Development Director is authorized to make minor modifications to
the approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall require
approval of a revision by the final body that approved the original project,which may
require new and separate environmental review.
5. 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.
6. 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.
7. 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
this Resolution, approval of the project shall expire and be of no further effect
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unless, prior to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director.
8. 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.
9. 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 this Resolution. Specifically, the applicant shall provide the
following design features to achieve compatibility with a post and beam construction
style:
• The clerestory portion of the new windows located along the west
facing fagade of the two-story addition shall follow the angle of the
roof and match the existing two-story windows along the west facing
fagade.
• The new two-story addition shall provide exposed wood trim and
beams along the facades facing Avenida Anillo and Crest Rd.
• The eaves of the second story addition facing Avendida Anillo shall
extend beyond the second story fagade to provide symmetry between
the existing two-story fagade and the new two-story fagade.
• Column features/pillars shall be provided with wood trim along the
new balcony to be similar in design to the existing two-story fagade.
• The front entryway shall be constructed and maintained in substantial
compliance with the design depicted on the approved plans. This
includes extending the roofline of the second story addition over the
front entryway to be supported by columns that match the existing
column features of the residence.
10. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped APPROVED plans.
11. 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.
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12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM on 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. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM on Saturday, in accordance with the permitted hours of construction stated in
this condition. When feasible to do so, the construction contractor shall provide
staging areas on-site to minimize off-site transportation of heavy construction
equipment. These areas shall be located to maximize the distance between staging
activities and neighboring properties, subject to approval by the building official.
13. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 45% lot coverage (36.8% proposed),
14. The approved residence shall maintain setbacks of 21'-1"front(Crest Road), 58'-4"
rear, 19'-8"' west (Avenida Anillo) street side and 17'-0" east side. BUILDING
SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to foundation forms inspection.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%,
16. A minimum 3-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum Tvertical clearance.
17. 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,
18. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
19. 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.
20. 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
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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.
21. Prior to the issuance of building permits, the applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule 445
and the City Municipal Code requirements regarding wood-burning devices.
22. The applicant must remove the silhouette frame within seven (7) days after the
City's appeal process has been exhausted,
Height Variation Conditions:
1. This approval is for the construction of an 835 square foot one-story addition, 924
square foot two-story addition, and 148 square foot balcony. The overall square
footage of the residence and garage would be 5,429 square feet, 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.
2. The maximum ridgeline of the approved project will reach a maximum height of 25'-
10" as measured from the lowest finished grade adjacent to the structure (elev.
204.70) to the top of the highest ridgeline (elev. 230.50'), BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
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