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PC RES 2016-011 P.C. RESOLUTION NO. 2016-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW TO CONSTRUCT A 514 SQUARE FOOT SECOND FLOOR ADDITION AND A 281 SQUARE FOOT FIRST FLOOR ADDITION TO AN EXISTING SPLIT-LEVEL RESIDENCE, AND THE CONSTRUCTION OF A NEW 84 SQUARE FOOT BALCONY ON PROPERTY LOCATED AT 4923 BROWNDEER LANE. WHEREAS, on March 29, 2016, the applicant submitted a Height Variation and Site Plan Review application to the Community Development Department to construct 795 square foot addition consisting of a 514 square foot second floor addition and 281 square foot first floor addition to an existing split-level residence, and the construction of a new 84 square foot, second story, balcony; and, WHEREAS, on April 8, 2016, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The applicant submitted revisions on May 12, 2016, as well as June 27, 2016; and, WHEREAS, on August 1, 2016, the application for Planning Case No. Z0N2016- 00139 was deemed complete by Staff; and, WHEREAS, on August 4, 2016, a public notice was mailed to 91 property owners within a 500 foot radius of the subject property, as well as published in the 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 approval of the requested application would have a significant effect on the environment because the projects consists of a 795 square foot addition and an 84 square foot balcony addition to an existing 2,616 square foot, split- level, single-family residence. Therefore, the proposed project has been found to be categorically exempt (Section 15303(e)(1)); 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 September 13, 2016, 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 514 square foot second story addition: A. The Height Variation is warranted as the applicant has complied with the early neighborhood consultation process, since the applicant provided notification to 70% of the landowners within 100 feet and 25% of the total number of landowners within 500 feet (including those within 100 feet). A review of the City's GIS, found that there is no active Home Owner Association in the area, therefore the applicant was not required to provide additional notification. B. The Height Variation is warranted since the proposed 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 does not significantly impair a view from the public trails, or as defined by the City's General Plan or NCCP. While there is a public trail easement, the Browndeer Trail (F5), as identified in the City's Conceptual Trails Plan, along the rear yard slope, the trail is unimproved and inaccessible, and the subject project would not affect any views from the trail, as the trail is below the building pad. C. The Height Variation is warranted since the proposed addition that exceeds sixteen feet in height is not located on a ridge or promontory. The proposed residence would be located on an existing building pad, similar to other lots within the developed neighborhood, and is not located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The Height Variation is warranted because the proposed 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. Some residences located in the immediate neighborhood have views of distant city lights in the Los Angeles Basin. An aerial survey of the surrounding neighborhood found that due to the topography of the area and the orientation of the second story addition, no portion of the project over 16'-0" will affect views from other properties. The views from adjacent properties at 4933 and 4917 Browndeer Lane will not be impacted by the proposed addition, as the property at 4933 Browndeer Lane has a building pad elevation that is approximately 10'-0" higher than that of the subject property and the property at 4917 Browndeer Lane has a building pad elevation that is 10'-0" lower than that of the subject property. Due to the topographic conditions in the area, potential view impacts to homes at 27402 and 27403 Larchbluff Drive were P.C. Resolution No. 2016-11 Page 2 of 10 analyzed and found not to impact the properties'view of distant city lights in the Los Angeles Basin, as the building pad elevations of these properties are higher than that of subject property. E. The Height Variation is warranted because the proposed addition that is above sixteen feet in height does not create view impairment from the viewing area of another parcel, and the proposed second-story addition has been designed in a manner to reasonably minimize the impairment of view. F. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. The Planning Commission evaluated the impacts of a similar project as the proposed project on 3 or 4 parcels"adjacent" to the subject property. When considering similar additions at 4933 Browndeer Lane, 4917 Browndeer Lane and 4911 Browndeer Lane, the Planning Commission determined that similar additions on these properties would not present a significant cumulative view impairment because of the sloping topography of the neighborhood. Furthermore, identified homes along Browndeer Lane are located on building pads that are between 10'-0 to 45'-0" lower in elevation, than those building pads of identified residences on Larchbluff Drive.Additionally, adjacent properties to the subject site are also two stories in height, with similar additions that extend over the garages, therefore any similar additions to that of the proposed project, would continue the existing height of the structures with no projections above the existing roof ridgeline heights. G. The Height Variation is warranted because the proposed addition complies with all other Code requirements, including the development standards related to the RS-4 zoning district for lots created prior to the City's incorporation with respect to lot coverage and setbacks. H. The Height Variation is warranted because the proposed addition is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass. With regards to building size and scale, the project site residence will be larger than the average of the 20 closest homes; however, it will be smaller than the largest home in the area, which is 3,972 square feet in area. Furthermore, there are five (5) properties amongst the closest 20 homes that are over 3,000 square feet, but below 3,500 square feet. Furthermore, the proposed addition is designed in a manner, so as not to create an anomaly in terms of scale and structure size. In terms of the project's compatibility with lot coverage conditions in the area, the proposed project complies with the maximum lot coverage in the RS-4 zoning district (50%), as the project proposes a lot coverage of 24.3%. An aerial survey of the surrounding neighborhood revealed that many of the residential properties in the immediate neighborhood are at or near the same lot coverage as the subject property. The proposed project is still below the maximum lot coverage, and provides lot coverage that is comparable to other P.C. Resolution No. 2016-11 Page 3 of 10 properties within the immediate neighborhood, and the residence is compatible in terms of scale and structure size. With respect to the project's compatibility architectural style and materials in the area, the project proposes to maintain the architectural style and design of the existing residence by utilizing façade materials and treatments that are consistent with the existing condition of the home and that are found amongst the closest twenty homes. In addition the applicant proposes to reutilize existing wood siding over the area of the proposed first-story addition at the front of the residence, as it is consistent with existing conditions of the residence as well as neighboring properties. The roof design is also compatible with conditions in the area, as the project plans indicate that the roof of the proposed addition is being designed as a hip roof, which is consistent with the existing roof design and pitch of residence and of homes in the area. The Height Variation is warranted since the new addition would not create an unreasonable infringement of the privacy of the occupants of abutting residences. The project involves two separate additions to the existing second-story of the residence, the first of which is a 366.18 square foot expansion of the second story over the garage in order to accommodate two new bedrooms and one bathroom. The proposed construction includes new windows across the front (street facing) elevation of the residence and along the easterly side property line adjacent to the neighboring property at 4917 Browndeer Lane. The proposed windows associated with this portion of the addition will not create an unreasonable infringement of privacy, as the proposed windows along the front (street facing) elevation of the residence provide a view of the subject property's driveway and the public right-of- way (Browndeer Lane), while the windows on the easterly elevation will provide a view of the roof-top and front yard area of the property at 4917 Browndeer Lane. The other area of the proposed second addition involves a 147.84 square foot expansion of an existing bedroom towards the rear of the subject property in order to create a master bedroom suite with an 84 square foot balcony. This portion of the second story addition will enclose a section of the existing 200 square foot second story balcony located at the rear of the residence. By enclosing a portion of the existing balcony, the proposed addition affords the abutting residences more privacy. Along the east elevation of this section of the addition, the applicant is proposing to install a sliding door with exterior railings, which creates a "Juliet" balcony. This proposed design feature would not create an unreasonable infringement of privacy for the neighboring property at 4917 Browndeer Lane, as the "Juliet" balcony does not introduce a new or greater view of the property, than what is currently visible from the existing 200 square foot second story balcony. Lastly, this portion of the addition includes a new 84 square foot balcony area at the end of the proposed master bedroom addition, in approximately the same location as the existing balcony. The proposed balcony area will not create an unreasonable infringement of privacy, as the balcony does not introduce a greater or new view of neighboring properties, than what is currently visible from the existing balcony. P.C. Resolution No. 2016-11 Page 4 of 10 Section 2: With respect to the application for a Site Plan Review to allow for the construction of a 281 square foot single-story addition, and reconstructed and reconfigured 84 square foot balcony: The proposed addition to the first floor of the residence conforms to development standards established for the RS-4 zoning district for lots created prior to the City's incorporation. More specifically, the project will conform to setback requires, as the proposed project will not alter the existing front(20'-2"), rear(190'-5 1/4")or side yard (5'-8"west/ 14'-4"east) setbacks. In addition, the proposed project conforms to the lot coverage requirements (50% max), as the existing site currently has a lot coverage that equals to 23.9% of the 17,620 square foot lot. The new 281 square foot addition to the first floor of the existing residence would result in a new lot coverage of 24.3%, which is under the 50% maximum. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal the project to the City Council. Pursuant to Section 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 September 13, 2016, the date of the Planning Commission's final action. Section 4: 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 Permit to allow the applicant to construct a 514 square foot, second-floor, addition to an existing split-level residence, with an 84 square foot balcony and a Site Plan Review to allow the construction of a 281 square foot addition to the first floor of the residence, subject to the conditions of approval in the attached Exhibit "A". P.C. Resolution No. 2016-11 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 13th day of September 2016, by the following vote: AYES:Commissioners Bradley, Emenhiser, James, Nelson, Vice' Chairman Cruikshank, and Chairman Tomblin NOES: ABSTENTIONS: RECUSSALS: ABSENT: Commissioner Leon 4111A, David L. Tomblin, Chairman Ara Mihrania ' Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2016-11 Page 6 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2016-00139 (4923 BROWNDEER LANE) 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. Any substantial 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 and administrative citations as described in Section 1.16 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 P.C. Resolution No. 2016-11 Page 7 of 10 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. 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. 12. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM 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. P.C. Resolution No. 2016-11 Page 8 of 10 Project Specific Conditions 14. This approval is for the following additions to the existing split-level residence: A. 514 square foot second floor addition; B. 84 square foot balcony attached to the rear of the second story; and C. 281 square foot addition to the first floor. 15. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 50% lot coverage (24.3% proposed). 16. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 17. A minimum 2-car garage shall be maintained (3-car garage existing), with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 18. 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. 19. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 20. 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. 21. 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 (13.6% proposed). 22. The height of the approved project shall be as depicted on the stamped approved plans and in no case shall the maximum height extend above a height of 21'- 71/2", as measured from the lowest finished grade covered by the structure (elev. 865.5') P.C. Resolution No. 2016-11 Page 9 of 10 to the highest proposed roofline (elev. 887.13'); and a height of 16'-10" as measured from the highest elevation of the existing grade covered by the structure (elev. 870.3') to the highest proposed roof ridgeline (elev. 887.13'). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection, based on the above mentioned instructions. 23. The approved residence shall maintain minimum setbacks of 20' front (20'-2" proposed), 15' rear(190'-5 1/4" proposed), 5'west side(5'-8"proposed)and 5'east side (14'-4" proposed). BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 24. After construction of the additions, the residence will be 3,003 square feet in area, with a 408 square foot attached garage, for a total structure size of 3,411 square feet. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer, prior to the framing inspection. P.C. Resolution No. 2016-11 Page 10 of 10