Loading...
PC RES 2019-015 P.C. RESOLUTION NO. 2019-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF 81.2% OF THE EXISTING TWO-STORY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION OF A 3,385FT2 TWO-STORY RESIDENCE MEASURING 25.76' IN HEIGHT WITH ANCILLARY SITE IMPROVEMENTS AT 27886 LONGHILL DRIVE (CASE NO. PLHV2018-0008). WHEREAS, on October 5, 2018, the Applicant submitted a Height Variation and Site Plan Review application to the Community Development Department requesting approval to demolish a portion of the existing two-story residence and construct a larger two-story residence with ancillary site improvements; WHEREAS, on October 24, 2018, Staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on May 16, 2019, Staff deemed the application complete for processing; WHEREAS, on May 16, 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; 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 (New Construction) of the California Guidelines for Implementation of CEQA. Specifically, the project involves the demolition of 81.2% of the existing residence to accommodate the construction of a larger two-story residence in the RS-4 zoning district which is a residential zone; WHEREAS, the Planning Commission held a public hearing on June 25, 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: Section 1: The proposed project involves the demolition of 81.2% of the existing 2,515ft2 two-story residence to accommodate the construction of a 3,385ft2 two-story residence measuring 25.76' in height with ancillary site improvements. P.C. Resolution No. 2019-15 Page 1 of 9 Section 2: The Planning Commission finds that the Height Variation for the construction of a 3,385ft2 two-story residence measuring 25.76' in height which exceeds the 16'/20' by-right height limit is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 73 signatures (66%) from properties within 500' of the project site, where there is no active Homeowners Association existing in the 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, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. There are no public viewing area or viewing site in the immediate vicinity and the property is not located within the City's Coastal Zone or any other City specific plan. C. The proposed residence is not located on a ridge or promontory, nor located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The area of a proposed addition to an existing structure that is above 16' in height, as defined in Section 17.02.040(B) of the Municipal Code, 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. The residences located north along Longhill Dr. have a panoramic view in the northeasterly direction consisting of the Los Angeles basin, including shorelines and distant mountains beyond, and the abutting properties to the north of the project site are located approximately 90' lower in elevation. The properties east and west of the project site are situated parallel to each other that share the same expansive view frame with no views in the direction of, or over, the proposed project. The properties located south of the project site are approximately 2' higher in elevation but have little to no protected views because of the existing two-story residences located along the opposite and north side of Longhill Dr. Therefore, the project will have no impact to views. E. There is no significant cumulative view impairment caused by granting the Height Variation due to the topography and physical development of the area, in which all adjacent parcels are developed with a two-story residence. F. The proposed residence complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, parking, and lot coverage. G. The proposed residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The majority P.C. Resolution No. 2019-15 Page 2 of 9 of the existing neighborhood is comprised of residences that resemble California Ranch and Monterey style homes with elements found in other architectural styles. As designed, the proposed project incorporates similar design features found within the surrounding two-story homes with slight variations such as white sidings, metal- clad gable roof, shed roof, and flat roof overhang, stone veneer accents to the chimneys, and a balcony facing the view frame. In addition, the proposed façade treatments provide articulation to help reduce the appearance of bulk and mass by recessing the upper floor, incorporating vertical and horizontal sidings, low-pitched shed roofs in varying elevations, an extended flat roof overhang between the first and second story, and inclusion of a balcony. The proposed project is adjacent to other two-story residences with similar building heights, and will continue to provide adequate light and air between properties by complying with the required setbacks. H. The proposed addition to an existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences due to the topography and existing development of the tract. Specifically, the downslope abutting neighbor to the north is at least 270' away and located at an elevation 90' lower than the project site, and both adjacent properties to the west and east are already visible from the existing second story windows of the subject residence. Section 3: The Planning Commission finds that the Site Plan Review for the proposed ancillary site improvements, including a 24ft2 covered front porch, an 11.73' tall outdoor gas fireplace in the rear yard, skylights, mechanical equipment (AC unit and tankless water heaters), and a new concrete patio in the rear yard are warranted as the improvements comply with all applicable Code requirements for the RS-4 zoning district. In addition, the proposed balcony will not result in an infringement of privacy to neighboring properties as discussed in Section 2H above. Section 4: 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, July 11, 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, July 11, 2019. Section 5: 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 RPVMC. • Section 6: 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. 2019- P.C. Resolution No. 2019-15 Page 3of9 15, approving a Height Variation and Site Plan Review allowing the demolition of 81.2% of the existing two-story residence to accommodate the construction of a 3,385ft2 two-story residence measuring 25.76' in height with ancillary site improvements, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 25th day of June 2019, by the following vote: AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI, PERESTAM, VICE CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE ABSENT: NONE RECUSALS: NONE =: ,': :radley Chairman Ara -nia Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-15 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2018-0008 (HEIGHT VARIATION AND SITE PLAN REVIEW) 27886 LONGHILL DR. 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. 2019-15 Page 5 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 §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 Municipal 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. 2019-15 Page 6 of 9 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(C) 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 §17.56.030 of the City's Municipal 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. 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 PERMIT, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 18. 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: 19. This approval shall allow for the following: A. Demolition of 81.2% of the existing 2,515ft2 two-story residence; B. Construction of a new 870ft2 addition consisting of 411ft2 to the first story and 466ft2 to the second story, resulting in a total structure size of 3,385ft2 (garage included); C. Construction of a 123ft2 balcony along the rear facade; D. Construction of a 24ft2 covered front porch; E. Construction of an 11.73' tall outdoor gas fireplace in the rear yard, as measured from adjacent grade to the highest point; F. Installation of 5 new skylights; G. Installation of a new AC unit at the east side yard; H. Installation of new tankless water heaters at the east and west side yards; and P.C. Resolution No. 2019-15 Page 7 of 9 I. Construction of ancillary site improvements, including hardscape improvements. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 20. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall the maximum height of the primary residence extend above a height of 24.90', as measured from highest elevation of the existing grade covered by the structure (elev. 100.38') to the highest proposed roof ridgeline (elev. 125.28'); and an overall height of 25.76', as measured from lowest finished grade adjacent to the structure (elev. 99.52') to the highest proposed roof ridgeline (elev. 125.28'). 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. 21. The approved residence shall maintain a 20.30' front, 5.12' east side, 5.73' west side and 127.73' rear yard setbacks. 22. Unless modified by the approval of future planning applications, the approved project within the RS-4 zoning district shall maintain a maximum of 32% lot coverage. 23. PRIOR TO ISSUANCE OF BUILDING PERMIT, an earth hauling permit shall be approved by the Public Works Department. 24. The project site shall maintain a minimum of two-enclosed parking spaces at all times. 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. 25. Exterior residential lighting shall comply with the standards of Section 17.56.030 of the Rancho Palos Verdes Municipal 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. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 27. Roof eaves shall not project into the required setback more than 6" for each foot of the required setback, provided that there are no vertical supports within the P.C. Resolution No. 2019-15 Page 8 of 9 required setback areas. 28. The height of the proposed skylights shall not exceed the highest roof ridgeline of the house. 29. The approved NC unit and tankless water headers shall comply with the required side setbacks and shall be screened from view from adjacent public right-of-way with foliage or other appropriate screening. 30. The maintenance or operation of mechanical equipment, including but not limited to AC units or pool filters, generating noise levels in excess of 65 dBA as measured from the closest property line shall constitute a public nuisance in accordance to Chapter 8.24 of the RPVMC. 31. Any outdoor furnishings, accessories or plants located on the balcony shall not exceed a height of 8' 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. 2019-15 Page 9 of 9