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PC RES 2016-012 P.C. RESOLUTION NO. 2016-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A REVISION OF A PREVIOUS COMMISSION- APPROVAL ALLOWING THE CONSTRUCTION OF A 231 SQUARE FOOT SECOND STORY ADDITION TO INCLUDE AN ADDITIONAL 189.2 SQUARE FEET TO THE REAR OF THE APPROVED SECOND STORY, ON PROPERTY LOCATED AT 3608 COOLHEIGHTS DRIVE (CASE NO. ZON2016-00315). WHEREAS, on May 10, 2016, the Planning Commission approved a Height Variation Permit(Case No. ZON2016-00078)to allow the construction of a 231 square foot two-story addition to the rear of an existing two-story residence; and, WHEREAS, on June 29, 2016, the applicant submitted a request to revise the Planning Commission's previously approved Height Variation Permit in order to accommodate an additional 189.2 square feet to the rear of the existing two-story residence. The addition will enclose an existing second story deck and roof area in order to expand two existing bedrooms located on the second floor of the project residence ; and, WHEREAS, on July 18, 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 July 28, 2016, and August 24, 2016, and the application was deemed complete for processing on August 29, 2016; 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 project consists of a 189.2 square foot addition to an existing 4,223 square foot single family residence (previous project approval included). 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 October 11, 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: 01203.0005/317513.1 Section 1: With respect to the application for a Height Variation to allow the construction of a new 189.2 square foot second story addition: A. The Height Variation is warranted, as the applicant has complied with the Early Neighbor Consultation process.As part of the original Commission-approved Height Variation Permit, the applicant obtained 11 signatures from properties within 100 feet(92%) and 34 signatures from properties within 500 feet(37%), including those within 100 feet of the subject site. As a result, the applicant notified a minimum of 70% of the landowners within 100 feet and 25% of the total number of landowners within 500 feet (including those within 100 feet), therefore complying with the neighborhood consultation process requirements. In addition, the applicant also previously notified the local home owners association, Mediterrania, regarding the previous addition. The applicant continues to be in compliance with the neighborhood consultation process because the neighbors were made aware of a pending development project on the subject property and because 92 property owners received a public notice informing them of the applicant's proposed revision to construct an additional 189.2 square feet to the second floor. Furthermore, the proposed 189.2 square foot addition is consistent with the scope and intent of the previous Commission-approved addition, in that the revised addition encloses an existing roof deck area, is in the same location on the residence (rear of second story), and is at the same height as the previously approved addition. 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. 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 addition is located on an existing building pad, similar to other lots within the developed neighborhood, and is not located on a ridge or promontory 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. A site survey of the surrounding neighborhood and a review of aerial photographs on file with the City revealed that no portion of the project over 16'-0"will affect views as seen from the viewing areas of these properties due to the topography of the area and the orientation of the proposed second story addition. More specifically, homes across the street, along Cliffsite Drive are located at the top of an ascending slope, 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 2 of 9 approximately 45'-0" above the subject property, whereby the neighboring viewing areas are above the roofline of the subject residence and proposed addition. Additionally, homes along Hightide Drive, to the north of the subject property, are approximately 55'-0" below the subject property, whereby the proposed addition cannot easily be seen from these properties, as the slope is improved with mature landscaping that includes Pepper Trees and groundcover. E. The Height Variation is warranted because the proposed addition that is above sixteen feet in height does not create a view impairment from the viewing area of neighboring properties located on Coolheights, Hightide and Cliffsite Drives., 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. According to the City's Height Variation Guidelines, to make this assessment, the Planning Commission must evaluate the impacts if a similar project as the proposed project were constructed on 3 or 4 parcels "adjacent" to the subject property. The Planning Commission considered similar additions at 3614 Coolheights Drive, 3602 Coolheights Drive and 3564 Coolheights Drive, and determined that similar additions on these properties would not present a significant cumulative view impairment because of the sloping topography of the neighborhood and the orientation of the second story additions at the rear of the residences. Homes along Cliffsite Drive are located on building pads that are approximately 45'-0" higher in elevation, with viewing areas above the roofline height of the subject residence and proposed addition, and homes along Hightide Drive are located on building pads that are approximately 55'-0" lower in elevation than the subject property,whereby views of the proposed addition cannot easily be seen. Lastly, adjacent properties are also two stories in height, therefore any similar additions to that of the proposed project, would continue the existing height of the structures with not projections above the existing roof ridgeline heights. As such, this finding can be made. G. 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. H. The proposed addition is compatible with the immediate neighborhood in terms of scale, architectural style and bulk and mass. Compatibility with neighborhood character is based on a comparison of the proposed project to other residences in the immediate neighborhood, which is typically defined as the 20 closest homes within the same zoning district. The homes in the immediate neighborhood range in size from 2,160 square feet to 3,461 square feet,with the average structure size for the 20 closest homes being 2,627 square feet. The proposed residence will yield a 4,412 square foot residence, which includes the previous Commission-approved 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 3 of 9 231 square foot addition and the requested 189.2 square foot addition. While the overall structure size of the residence will be larger than the average of the 20 closest homes, as well as the largest home in the neighborhood, the residence and proposed addition are designed in manner, so as not to create an anomaly in terms of scale and structure size. Collectively, the previously approved addition and the proposed addition would enclose an existing second story deck and roof area located at the rear of the residence. The height of the combined proposed addition will be consistent with the height of the existing ridgeline, which makes visibility of the proposed addition at the rear of the residence negligible as seen from the street. Furthermore, the proposed project will not alter existing lot coverage or setbacks, which will remain 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 the proposed addition will not alter the existing front façade and will utilize stucco and roofing materials, in order to match existing materials of the existing residence and similar to the materials found in the immediate neighborhood. I. 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 proposed project will further enclose an existing second story deck and roof area located at the rear of the residence, which will result in the expansion of two existing bedrooms on the second story. The existing residence already has views into the neighboring property to the east, and the enclosure of the existing deck would not result in an intensification of privacy impacts beyond what already exists. Therefore, Staff has determined that the proposed 189.2 square feet addition to the second-story would not create an unreasonable infringement to the privacy for the abutting residences. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal the project 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 October 11, 2016, 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 conditionally approves a Revision to the previous Commission-approved Height Variation to allow the construction of an additional 189.2 square feet to the previously approved 231 square feet, for a total second story addition size of 420.32, to be located at the rear of the two story residence and which 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 4 of 9 to the previous Commission-approved Height Variation to allow the construction of an additional 189.2 square feet to the previously approved 231 square feet, fora total second story addition size of 420.32, to be located at the rear of the two story residence and which will enclose an existing deck and expand two existing bedrooms on the second story of the project residence, subject to the conditions of approval in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED this 11th day of October 2016, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: None David L. Tomblin, Chairman 111111111111 Ara ' i ra - , Community Development Director Secretary to the Planning Commission 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 5 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2016-00315 (3608 COOLHEIGHTS DRIVE) 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. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively"Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside,void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof(including actions approved by the voters of the City), for or concerning the project. 3. 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. 4. 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. 5. 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. 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 6 of 9 6. 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. 7. 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 or administrative citations as described in Section 1.16 of the City's Municipal Code. 8. 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 unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 7 of 9 owners, to the satisfaction of the City's Building Official. 14. 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. Project Specific Conditions 15. This approval is for the following: A. A previous Commission-approved 231 square foot, second story, addition (approved via P.C. Resolution No. 2016-07) plus a 189.2 square-foot, second-story, addition, for a total addition measuring 420.2 square feet, at the rear of the existing second story. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 45% lot coverage (41% proposed). 17. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 18. 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. 19. 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. 20. All grading, landscaping and construction activities shall exercise effective dust 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 8 of 9 control techniques, either through screening and/or watering. 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. 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 24'-8", as measured from the lowest finished grade covered by the structure (elev. 98.60')to the highest proposed roofline (elev. 123.27); and a height of 24'-2" as measured from the highest elevation of the existing grade covered by the structure (elev. 98.60') to the highest proposed roof ridgeline (elev. 123.27'). 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. 22. The approved residence shall maintain minimum setbacks of 20' front (21'-0" proposed), 15' rear(155'-6 1/2"proposed), 5'west side (5'-0"proposed)and 5'east side (7'-3 1/4" proposed). BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 01203.0005/317513.1 P.C. Resolution No. 2016-12 Page 9 of 9