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PC RES 2019-009 P.C. RESOLUTION NO. 2019-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING DETACHED GARAGE TO ACCOMMODATE THE CONSTRUCTION OF A NEW 24'-7" TALL, 1,635FT2 TWO-STORY DETACHED STRUCTURE CONSISTING OF A 780FT2 SECOND DWELLING UNIT ABOVE AN 855FT2 THREE-CAR GARAGE (CASE NO. PLHV2018-0010). WHEREAS, on October 26, 2018, the Applicant submitted Height Variation, Conditional Use Permit and Site Plan Review applications to demolish an existing detached garage to accommodate the construction of a new two-story detached structure, including a new three-car garage; WHEREAS, on November 13, 2018, the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on April 4, 2019, the application was deemed complete for processing, setting the action deadline to June 3, 2019, in accordance to the Permit Streamlining Act; WHEREAS, on April 11, 2019, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500' radius from the subject property, providing a 30-day time period for the submittal of comments. No public comments were received in response to the public notice; 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, the proposed project has been found to be categorically exempt under Section 15303(a) (New Construction) of the California Guidelines for Implementation of CEQA. Specifically, the project proposes to construct a new second dwelling unit in a residential zone; WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, the Planning Commission held a public hearing on May 14, 2019, 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: P.C. Resolution No. 2019-09 Page 1 of 10 Section 1: The proposed project involves the demolition of an existing detached garage to accommodate the construction of a new 24'-7" tall, 1,635ft2 two-story detached structure consisting of a 780ft2 second dwelling unit above an 855ft2 three-car garage with an 84ft2 balcony along the front façade. Section 2: The Planning Commission finds that the Height Variation for the construction of a new 1,635ft2 two-story detached structure exceeding the 16'/20' by-right height is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 19 (36%) property owner signatures within the 500' radius, of which 4 (80%) are within the 100' radius, and provided proof of notification to the local Homeowners' Association. B. The proposed structure 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 structure is not located on a ridge or promontory. The project is located on an existing building pad, similar to other lots within the developed area, 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 proposed structure over 16', when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Due to the topography in the area and the development of the tract, residences to the north, east, and south of the subject lot do not contain views in the direction of, or over the proposed project area. The closest properties to the west are located at least 100' higher in elevation than the subject property and therefore, would not be impacted by the proposed project. E. There is no significant cumulative view impairment caused by granting the Height Variation for the proposed structure over 16' in height since adjacent properties with a similar project would not impair views from neighboring properties due to the existing topography and lot orientation. F. The proposed structure complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, and parking. The legal nonconforming lot coverage may be maintained pursuant to RPVMC §17.84.030 as the degree of nonconformity will not be intensified. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale, architectural style, and setbacks. The immediate neighborhood P.C. Resolution No. 2019-09 Page 2 of 10 incorporates various design elements and façade treatments that accent the residences. The proposed project will replicate the same design elements as the primary dwelling unit, consistent with the architectural style and materials commonly found within the immediate neighborhood. The exterior finishes will be comprised of smooth stucco, decorative stone accents, white vinyl window and door frames, and a tile roof in a hip roof design. The portion of the front façade containing the entry stairs leading up to the second dwelling unit has been recessed and stone veneer accents are proposed in between the garage doors. Additionally, the proposed balcony along the front façade is proposed to provide a visual break in the facade that would help reduce the scale of the proposed project. The project site will remain consistent with the scale of the surrounding neighborhood as the proposed structure will be tucked into the northwest corner of the rear yard where only a fraction of the roof will be readily visible from the street of access (Starline Drive). Lastly, both adjacent properties to the north and south have two-story structures which allows the proposed project to easily blend in with the immediate neighborhood. H. The proposed new structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed balcony primarily faces a public street with limited views into the neighboring property to the north due to the existing foliage along the side property line. Furthermore, the clerestory window on the north façade will be placed 5' above the finished floor to allow for the transmission of light and air only. Section 3: The Planning Commission finds that the Conditional Use Permit for a second dwelling unit which is not served by a public sanitary sewer system in the RS-2 zoning district is warranted based on the following findings: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by Title 17 (Zoning) or by conditions imposed under §17.60.050 to integrate said use with those on adjacent land and within the neighborhood. Specifically, the proposed project will replace the existing garage in the same general vicinity over a developed area. B. The site for the proposed use related to streets and highways is sufficient to carry the type and quantity of traffic generated by the subject use. The project site is served by Starline Drive, which is a public street with no curbs or sidewalk improvements and can accommodate additional traffic that may be generated by a new second unit. The additional trips that may be generated from the proposed project will be negligible, including if the second unit will be occupied by additional residents. P.C. Resolution No. 2019-09 Page 3 of 10 C. In approving the proposed second dwelling unit at the project site, there will be no significant adverse effect on adjacent properties or the permitted uses thereof as no significant view impairments or privacy impacts to adjacent properties will occur due to the topography, building layout, existing foliage, and distance between the adjacent properties and the project site. D. The proposed second dwelling unit is not contrary to the General Plan as it is consistent with the goals and policies of the Land Use and Housing Elements to preserve and enhance the visual character and physical quality of existing neighborhoods and housing in a manner that serves the needs of the residents; ensure the provision of decent and affordable housing to a wide range of household types and income levels are provided for; and make sites available to accommodate the City's share of the regional housing need and encourage the development of a variety of housing types. E. The project site is not located within an overlay control district. F. Conditions necessary to protect the health, safety and general welfare, have been imposed, which include, maintaining one enclosed parking space for the second dwelling unit while the primary residence maintains two spaces within the garage; recording a covenant to the title of the subject property memorializing the ownership and occupancy requirements for the second dwelling unit; and prohibiting the operation of short-term rentals. Section 4: The Planning Commission finds that the Site Plan Review for the detached two-story structure is warranted because it complies with all applicable Code requirements, including, but not limited to, minimum required setbacks, height, and parking. The legal nonconforming lot coverage may be maintained pursuant to RPVMC §17.84.030 as the degree of nonconformity will not be intensified. Section 5: 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 Thursday, May 30, 2019. 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 Thursday, May 30, 2019. Section 6: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code. 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 P.C. Resolution No. 2019-09 Page 4 of 10 Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019- 09, approving, with conditions, a Height Variation, Conditional Use Permit and Site Plan Review to allow the demolition of an existing detached garage to accommodate the construction of a new 24'-7" tall, 1,635ft2 two-story detached structure, subject to the Conditions of Approval contained in the attached Exhibit "A." PASSED, APPROVED AND ADOPTED this 14th day of May 2019, by the following vote: AYES: COMMISSIONERS JAMES, NELSON, PERESTAM, SANTAROSA, VICE CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SAADATNEJADI David Bradley Chairman Ara Mihranian, Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-09 Page 5 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2018-0010 (HEIGHT VARIATION, SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) 3420 STARLINE DRIVE 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040 of the Rancho Palos Verdes Municipal Code, the Director of Community Development shall be 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. 2019-09 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 §17.86.060 of the City's Municipal Code or administrative citations as described in §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 §17.86.070 of the City's 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 §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 P.C. Resolution No. 2019-09 Page 7 of 10 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 §17.56.050(0) of the City's Municipal 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. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. 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. 16. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 17. PRIOR TO ISSUANCE OF BUILDING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 18. PRIOR TO ISSUANCE OF BUILDING PERMITS, an earth hauling permit shall be approved by the Public Works Department. 19. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions 20. This approval shall allow for the following: • Demolition of the existing 468ft2 detached garage; • Construction of a new 1,635ft2 two-story detached structure consisting of a 780ft2 second dwelling unit above an 855ft2 three-car garage; and • Construction of an 84ft2 balcony along the front façade; and • Installation of new landscaping in the rear yard. P.C. Resolution No. 2019-09 Page 8 of 10 BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 21. The height of the approved structure will be 24'-1", as measured from highest elevation of the existing grade covered by the structure (elev. 1,220'-6") to the highest proposed roof ridgeline (elev. 1,244.7'); and an overall height of 24'-7", as measured from lowest finished grade adjacent to the structure (elev. 1,220') to the highest proposed roof ridgeline (elev. 1,244.7'). 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 structure shall maintain a 108'-10" front yard setback, a 11'-2" north side yard setback, 81'-8" south side yard setback, and a 16'-6" rear yard setback. 23. Unless modified by the approval of future planning applications, the approved project shall maintain the nonconforming 45% lot coverage. 24. Unless modified by the approval of future planning applications, the approved second dwelling unit shall include, in accordance with the Uniform Building Code, one full bathroom and one kitchen and shall not include any additional bathrooms or kitchens. The second dwelling unit shall also be limited to a maximum of two bed rooms. 25. The approved second dwelling unit shall share the same entrance/exit as the primary unit. Exterior stairs leading to a second unit located on the second level of a primary unit shall be prohibited, unless the stairs are leading to and/or connected to a common hallway, deck or entry, rather than a specific room. 26. PRIOR TO ISSUANCE OF BUILDING PERMITS, the Applicant shall record a covenant stating that the primary unit and second dwelling unit shall remain under the same ownership and that the second dwelling unit shall not be sold separately from the primary unit in order to maintain the right to have an occupancy certification. 27. Either the primary dwelling unit or the second dwelling unit shall be owner occupied in order for the second dwelling unit to qualify for and maintain the right to have an occupancy certification. 28. The project site shall maintain a minimum of three-enclosed parking spaces at all times, of which one-enclosed parking space shall be designated for the second dwelling unit. On-site parking shall conform to the parking requirements described in RPVMC § 17.02.030 for the primary residence and the designated parking space for the second dwelling unit shall not be tandem, or block the access of, the parking P.C. Resolution No. 2019-09 Page 9 of 10 areas for the primary residence. 29. Pursuant to RPVMC §17.02.026, no person shall operate a short-term rental in any residential zoning district in the City. 30. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 31. Any outdoor furnishings, accessories or plants located on the balcony shall not exceed a height of 8'-0" feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 32. Any outdoor furnishings, accessories or plants located on the balcony which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. P.C. Resolution No. 2019-09 Page 10 of 10