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PC RES 2018-027 P.C. RESOLUTION NO. 2018-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, SITE PLAN REVIEW, GRADING PERMIT, AND FENCE/WALL PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-STORY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION OF A NEW 3,872FT2 (GARAGE INCLUDED) SINGLE-STORY RESIDENCE WITH A LOWER-LEVEL DIRECT ACCESS GARAGE, ANCILLARY IMPROVEMENTS, AND 387.5 CUBIC YARDS OF GRADING ON PROPERTY LOCATED AT 27023 SHOREWOOD ROAD (CASE NO. ZON2017-00476). WHEREAS, on October 20, 2017, the Applicant submitted Height Variation, Site Plan Review, Grading Permit, and Fence/Wall Permit applications requesting to demolish an existing single-story residence to accommodate the construction of a new two-story residence with ancillary site improvements; WHEREAS, on November 17, 2017, Staff deemed the application incomplete due to insufficient information; WHEREAS, on August 6, 2018, after several submittals of additional information, Staff deemed the application complete for further processing; WHEREAS, on August 9, 2018, a public notice was mailed to property owners within a 500' radius of the subject property and published in the Peninsula News pursuant to the requirements of the Rancho Palos Verdes Municipal Code (RPVMC); WHEREAS, on September 11, 2018, the Planning Commission held a duly noticed public hearing at which time all interested parties were given an opportunity to be heard and present evidence. Based on the information presented at the meeting, the Planning Commission continued the public hearing to November 13, 2018 to allow the Applicant additional time to work with Staff on revising the design to be more compatible with the neighborhood, install a new silhouette, and issue a courtesy notice prior to the next meeting. The continuance was contingent on the Applicant submitting a written time extension to the deadline established by the Permit Streamlining Act; WHEREAS, on October 17, 2018, the Applicant hosted a neighborhood meeting at City Hall and an open house, later that evening at the Applicant's residence, to introduce and solicit comments on the revised plans from the neighbors in attendance; WHEREAS, on October 25, 2018, the temporary silhouette on the site was modified to reflect the revised plans; P.C. Resolution No. 2018-27 Page 1 of 10 WHEREAS, on October 31, 2018, the Applicant submitted a 90-day time extension marking the new action deadline date as January 3, 2019; WHEREAS, on November 2, 2018, a notice was mailed to property owners within a 500' radius of the subject property announcing the availability of the revised plans, as well as the revised silhouette and the November 13th continued public hearing; WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, determined that the proposed project has been found to be categorically exempt under Section 15303 (New Construction). Specifically, the project includes the construction of one single family residence in a residential zone that is currently developed with residential structures; WHEREAS, the Planning Commission held a public hearing on November 13, 2018, 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: The proposed project involves the demolition of an existing 2,098ft2 (garage included) single-story residence to accommodate the construction of a new 3,872ft2 single-story residence with a lower-level direct access garage, ancillary improvements, and 387.5yd3 of grading to accommodate the proposed improvements. Section 2: The Planning Commission finds that the Height Variation for the construction of a new 24.5' tall, 3,872ft2 (garage included) residence with a lower-level garage is warranted because: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining signatures from 70% of the landowners within the 100' radius and 25% from the landowners within the 500' radius of the project site. No local Homeowners' Association exists for this neighborhood. B. The proposed residence does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan. The site is not located near a turnout, park, thoroughfare, bikeway, or an equestrian trail. C. The proposed residence is not located on a ridge or promontory. P.C. Resolution No. 2018-27 Page 2 of 10 D. The proposed residence, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The adjacent properties located north of Shorewood Road have views oriented to the north and properties located south of Shorewood Road have views oriented to the south and southeast, all of which are away from the project site. E. There is no significant cumulative view impairment caused by granting the application since other potential projects utilizing a similar design consisting of a residence that is primarily single-story with the exception of the garage that is tucked below the proposed residence, would not impair views from neighboring properties. F. The proposed residence complies with all other Code requirements, including, but not limited to the minimum required setbacks, parking, and maximum allowed lot coverage in the RS-5 zoning district. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style, and setbacks. The proposed structure maintains a single-story appearance similar to residences within the neighborhood with the exception of the garage that is tucked below the proposed residence. The architectural style of the proposed structure incorporates similar design elements found in a California Ranch style residence, including exterior stucco finish, composite roof shingles, and low-pitched roof design consisting of a mansard roof. The proposed structure adds articulation, including "Juliet" balconies along the front façade for additional architectural detail to minimize the appearance of bulk and mass. The proposed project is compatible in lot coverage as it does not exceed the maximum 52% within the RS-5 zoning district and meets and/or brings setbacks into further compliance with the Development Code. H. The proposed residence does not result in an unreasonable infringement of privacy of the occupant of abutting residences since it's primarily a single-story residence with the exception of the garage which is notched below the proposed residence. Section 3: The Planning Commission finds that the Major Grading Permit for 387.5yd3 of grading consisting of 384yd3 of cut, 3.5yd3 of fill, and 380.5yd3 of export to accommodate the proposed residence and ancillary improvements is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot within the RS-5 zoning district. The proposed grading would accommodate the construction of a new residence and ancillary site improvements associated with a single-family residence. The proposed grading is necessary for the permitted use, as the grading below the building footprint along the front, provides for a lower- P.C. ower-P.C. Resolution No. 2018-27 Page 3 of 10 level garage and basement (storage) in order to minimize neighborhood compatibility concerns raised with the original proposal. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. Given the elevation difference, the proposed grading and related retaining walls will not be visible, as it will occur below the building pad elevation of the upslope property. C. The nature of grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The proposed grading area is limited to previously graded areas for the development of the original residence and excavation below the building footprint and redesigned driveway to accommodate the new garage. The transitional slopes along the side yards will remain. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing to blend any man-made or manufactured slope into natural topography. The proposed grading is generally limited to developed portions of the site and the transitional slopes along the side yards will remain. E. The grading and related construction is compatible with the immediate neighborhood character as discussed in Section 1G above. F. The grading conforms to the City's standards for grading on slopes, maximum finished slopes, retaining wall heights in the front, side, and adjacent to driveways and maximum depth of cut or fill. Section 4: The Planning Commission finds that the Site Plan Review for the proposed ancillary improvements to the residence and yard area, including a fire pit, hardscape improvements, installation of mechanical equipment, and construction of a pool and spa is warranted for a single-family residence. The proposed ancillary improvements comply with all applicable Code requirements, including but not limited to minimum required setbacks, heights, parking, and maximum allowed lot coverage in the RS-5 zoning district. Section 5: The Planning Commission finds that the Fence/Wall Permit for the proposed replacement of an existing perimeter fence with a new 8' combination fence/wall (1'-5" garden wall topped with a 6'-6" fence) along the north side property line and a 6' to 7' tall fence along the rear and side yards is warranted because they would not significantly impair a view from the viewing area of another property or a view from public property identified in the City's General Plan and Coastal Specific Plan. Additionally, there is no existing foliage that significantly impairs the protected view from surrounding properties. P.C. Resolution No. 2018-27 Page 4 of 10 Section 6: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, November 28, 2018. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Wednesday, November 28, 2018. Section 7: 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 adopts P.C. Resolution No. 2018- 27, approving a Height Variation, Site Plan Review, Grading Permit, and Fence/Wall Permit to allow the demolition of an existing single-story residence to accommodate the construction of a new 3,872ft2 (garage included) single-story residence with a lower-level, direct access garage, ancillary improvements, and 387.5 cubic yards of grading, subject to the Conditions of Approval contained in the attached Exhibit "A." PASSED, APPROVED AND ADOPTED this 13th day of November 2018, by the following vote: AYES: COMMISSIONERS LEON, SAADATNEJADI, PERESTAM, NELSON, AND CHAIRMAN JAMES NOES: VICE CHAIRMAN BRADLEY ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE William J. J es 41111C„ . Chairman Ara Mihranian, AICP Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2018-27 Page 5 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2017-00476 (HEIGHT VARIATION, SITE PLAN REVIEW, GRADING PERMIT, AND FENCE/WALL PERMIT) 27023 SHOREWOOD ROAD 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 Exhibit "A". Failure to provide said written statement within 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. Pursuant to Section 17.78.040 of the Rancho Palos Verdes Municipal Code, the Director of Community Development 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. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. P.C. Resolution No. 2018-27 Page 6 of 10 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 Rancho Palos Verdes Municipal Code or administrative citations as described in Section 1.16 of the Rancho Palos Verdes 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 Rancho Palos Verdes Municipal Code within one year of the final effective date of this 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 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 decision. 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. 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 P.C. Resolution No. 2018-27 Page 7 of 10 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. 14. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the Applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 15. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 16. The Applicant shall remove the project silhouette within seven (7) days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions 17. This approval shall allow for the following: a. Demolition of an existing 2,098ft2(garage included) single-story residence. b. Construction of a new 3,872ft2 single-story residence including a 400ft2 lower level garage (with a 79ft2 basement included). BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. c. 387.5 cubic yards of grading consisting of 384 cubic yards of cut, 3.5 cubic yards of fill, and 380.5 cubic yards of export. d. Construction of the following retaining walls: i. Three (3) terraced retaining walls adjacent to the southern portion of the driveway. Each of the three retaining walls shall not exceed 2.4' in height with a minimum parallel distance of 3' between each retaining wall and as measured from the interior of the retaining wall; ii. One 2.5' tall retaining wall adjacent to the northern portion of the driveway; iii. One 3' tall retaining wall abutting the northeast side property line within the front yard and side yard; iv. One 2.6' tall upslope retaining wall along the south side of the front P.C. Resolution No. 2018-27 Page 8 of 10 yard; v. One 4.6' tall upslope retaining wall along the southwest side yard of the property. The heights of the approved retaining walls do not include guardrails. Should a guardrail be required or installed, additional Planning review and approval shall be required. e. Construction of a pool and spa within the rear yard with associated mechanical equipment located within the rear yard setback. The mechanical equipment Model: Pentair Intelliflo, shall not to exceed a maximum of 65 decibels as measured from the closest property line. Mechanical equipment shall be screened by 5' tall wall incorporated into the spa water feature. f. Construction of a new gas fire pit within the rear yard. g. Construction of a new perimeter 8' tall combination wall (1'-5" garden wall topped with a 6'-6" fence) along the north side property line and a 6' to 7' tall fence along the remaining rear and side yards. 18. The height of the approved residence shall be as depicted on the stamped approved plans and in no case shall the maximum height exceed 24.5' as measured from the lowest finished grade covered by the structure (elev. 296.5') to the highest proposed roofline (elev. 321.0'); and a height of 15.6' as measured from the highest elevation of the existing grade covered by the structure (elev. 305.31') to the highest proposed roof ridgeline (elev. 321.0'). 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. 19. The approved residence shall maintain a 20' front yard setback, a 10'-4" southwest side yard setback, 5' northeast side yard setback and a 35' rear yard setback. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 20. Unless modified by the approval of future planning applications, the approved project within the RS-5 zoning district shall maintain a maximum of 50.14% lot coverage (52% maximum allowed). 21. Maximum hardscape coverage within the 20'-0" front-yard setback area shall not exceed 50%. 22. A minimum of 2 enclosed parking spaces shall be provided and maintained as a garage, and a minimum of 2 unenclosed parking spaces shall be provided and maintained as a driveway. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width and 20' in depth, with a minimum 7' vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth. P.C. Resolution No. 2018-27 Page 9 of 10 23. A driveway shall be a minimum width of 10'. 24. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 25. Exterior residential lighting shall comply with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded. 26. The flat portion of the mansard roof shall utilize a similar color to the tiled roof, as deemed acceptable by the Community Development Director, prior to the installation of the roof. 27. Finished slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 28. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, a drainage plan shall be reviewed and approved by the Building and Safety Division. If a sump pump is used, the Applicant shall submit a copy of a recorded covenant on the project site for the use and maintenance of the sump pumps for on-site drainage purposes. 29. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMIT ISSUANCE, haul routes to transport soil shall be approved by the Public Works Department. 30. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 31. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, the Applicant shall submit a landscape plan for approval by the Director of Community Development for the installation of plantings. The final approved landscaping shall be installed prior to permit final. P.C. Resolution No. 2018-27 Page 10 of 10