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PC RES 2019-031 P.C. RESOLUTION NO. 2019-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE DIRECTOR'S DECISION TO APPROVE A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY TO ALLOW THE CONSTRUCTION OF A 501FT2 SINGLE-STORY ADDITION ALONG THE SOUTH SIDE FACADE AND ANCILLARY IMPROVEMENTS WITH MODIFICATIONS TO CONDITION NO. 20 AND 22 OF THE CONDITIONS OF APPROVAL AT 26104 BASSWOOD AVENUE (CASE NO. PLSR2019-0031). WHEREAS, on February 4, 2019, the Applicant submitted a Site Plan Review with Neighborhood Compatibility application (Case No. PLSR2019-0031) to the Community Development Department requesting approval to construct a 772ft2 single-story addition along the south side façade and ancillary improvements at 26104 Basswood Avenue, and, WHEREAS, on March 5, 2019, Staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, on July 2, 2019, the Applicant submitted revisions reducing the proposed addition from 772ft2 to 703ft2 in order to address bulk and mass concerns raised by Staff and neighboring property owners; and, WHEREAS, on August 7, 2019, the Applicant submitted an additional silhouette certification for the revised design, and on August 20, 2019, Staff deemed the application complete for processing, and, WHEREAS, on October 15, 2019, the Director of Community Development approved, with conditions, a Site Plan Review with Neighborhood Compatibility (Case No PLSR2019-0031), to construct a 703ft2 single-story addition along the south side façade and ancillary improvements; and, WHEREAS, on October 15, 2019, the Notice of Decision was provided to the Applicant and interested parties, commencing the 15-day appeal period from the date the application was approved; and, WHEREAS, on October 25, 2019, a timely written appeal of the Director's approval was filed by the Appellant, who resides at 26108 Basswood Avenue, which is located immediately south of the project site. The Appellant requested leave to file additional information in support of the appeal until November 30, 2019, which was granted; and, WHEREAS, pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §17.80.050(0), an appeal hearing before the Planning Commission shall be set within 90 days of the filing of the appeal, or no later than January 23, 2020; and, WHEREAS, on November 21, 2019, pursuant to RPVMC §17.80.090, a public notice announcing the Planning Commission's consideration of the appeal on December 10, 2019, was provided to the Applicant, the Appellant and other interested parties, and published in the Palos Verdes Peninsula News; and, WHEREAS, on November 25, 2019, the Appellant filed an addendum to the appeal letter, asserting a claim to a prescriptive easement to the Applicant's property; and, WHEREAS, on November 27, 2019, the Appellant submitted a supplemental appeal brief, laying out the bases for the appeal, for the Planning Commission's consideration; and, WHEREAS, on December 6, 2019, the Applicant submitted revised plans to reduce the proposed square footage from 703ft2 to 501ft2 in the same location and height upon reaching an agreement with the Appellant on the reduced scope of work ; and, WHEREAS, on December 10, 2019, the Planning Commission held a duly-noticed public hearing to consider the appeal and modification to the plans, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Appellant requests that the Planning Commission uphold the Director's October 15, 2019, approval of a Site Plan Review with Neighborhood Compatibility for the construction of a 501ft2 single-story addition along the south side façade and ancillary improvements with modifications to Condition no. 20 and 22, of the Conditions of Approval for the property located at 26104 Basswood Avenue. Section 2: The Planning Commission finds that approval of the requested Site Plan Review application with Neighborhood Compatibility, to construct the 501ft2 single- story addition along the south side façade and ancillary improvements, is warranted based on the following findings: A. The proposed project complies with all applicable Development Code requirements for the RS-5 zoning district, including but not limited to, the minimum required setbacks, building height, off-street parking, and lot coverage B. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The existing neighborhood is comprised primarily of California Ranch style homes built in the P.C. Resolution No. 2019-31 Page 2 of 11 1950s with elements from diverse architectural styles and materials that have been renovated in recent years which accent the residences. As designed, the proposed addition along the south side façade will match the stucco façade treatment and concrete tile hip roof design of the existing residence. In addition, various design features are incorporated into the project that provide articulation along the side façade and roof elements to reduce the appearance of bulk and mass, including recessed corners that create wider and varied setbacks and a lower hip-and-valley roof that cascades out to the side yard. Lastly, the proposed addition will provide adequate open space for light and air between structures by complying with the Code required minimum setbacks and remain single story in height. Section 3: The Planning Commission has considered the bases for the appeal offered by the Appellant, and finds that they are without merit for the reasons described below: A. The Appellant asserts that the Director erred in approving the proposed project by omitting view and environmental considerations from the Site Plan Review process. The scope of the Site Plan Review with Neighborhood Compatibility conducted for this project included, but was not limited to, the review of lot size, structure size, setbacks, number of enclosed parking spaces, lot coverage, building height, project scale, bulk and mass, architectural style, environmental compliance pursuant to the California Environmental Quality Act (CEQA), and foliage analysis. The Appellant requests that a comprehensive "view obstruction review study" of the proposed project be conducted, and that review of the site's geological stability be conducted by the Building and Safety Division prior to approving the proposed project. The Planning Commission finds that the proposed project complies with the 16,720' "by-right" building height envelope for a pad lot, and that the Municipal Code provisions related to significant view impairment due to structures are not applicable to the proposed project. Furthermore, since the proposed project is an addition to an existing single-family residence and not a new single-family residence, conceptual geotechnical approval is not a requirement prior to approval of a Site Plan Review application. B. The Appellant asserts that the proposed project would obstruct the view, open space and sky from the Appellant's property, thereby adversely affecting its value The Planning Commission finds that the proposed project's effect on property value is not a required finding for approval of a Site Plan Review, with or without Neighborhood Compatibility Analysis. In response to the appeal and comments received during the public review process, the Applicant has attempted to reach a mutually-acceptable compromise with the Appellant by reducing the size of the proposed addition from 703ft2 to 501ft2. The Planning Commission finds that a smaller project will be compatible with the neighborhood character, and might reduce impacts upon the Appellant's view and open space. C. The Appellant asserts that the original property line designation for the Appellant's property should be honored since the Grandview tract was developed prior to City P.C. Resolution No. 2019-31 Page 3 of 11 incorporation. There is no evidence provided to support the assertion that the common property line between 26104 Basswood Avenue and 26108 Basswood Avenue is the Appellant's front property line. In addition, the property line designation has no bearing upon the assessment of the view impacts of the project upon the Appellant's property. The Appellant also claims a prescriptive easement for view and open sky over the Applicant's property. The Planning Commission finds that the claim to a prescriptive easement to the view and open sky over the Applicant's property has no merit because an easement created by prescription is created through continuous use of the easement, when the use is such that the servient property's owner is able to object to the use. While it is possible to create an easement for light, air, or view through express grant or reservation, an easement for light, air, or view cannot be created by prescription in the State of California. Therefore, no prescriptive easement can exist between the Appellant and the Applicant. D. The Appellant asserts that input from interested parties objecting the proposed project was disregarded during the Site Plan Review process. The recommendations and suggestions provided by interested parties during the Site Plan Review process included assigning a Senior Planner to the project, assigning a View Restoration planner to assess view impairments, and concurrently involving Building and Safety Division due to purported environmental issues. The Director did accompany the project planner on a site visit to the project site and the Appellant's residence to view the silhouette. The issues related to inclusion of the Building and Safety Division on the pre-approval process were all addressed during site visits and in correspondence with the Appellant and other interested parties. Therefore, the Planning Commission finds that the Appellant's claim that the concerns from interested parties were completely ignored is without merit E. The Appellant asserts that the Director erred in approving the proposed project without taking into consideration the adjacent homes and surrounding neighborhood. The application for the proposed project took into consideration the adjacent homes and surrounding neighborhood through a Neighborhood Compatibility Analysis, as discussed in detail in the October 25, 2019, Staff Report. The proposed project was reviewed in light of the scale, architectural style, and setbacks of the existing 20 closest homes within the same zoning district. Although the Appellant identified an error in the structure-size calculation of one of the homes in the immediate neighborhood, the re-checking of the building permit records for all 20 homes demonstrates that the Director correctly found that the proposed project is compatible with the character of the immediate neighborhood The Appellant also seeks a refund of the appeal fee paid. Pursuant to RPVMC §17.80 120, the entire appeal fee will be refunded to the Appellant if the Planning Commission grants the appeal, while one-half of the fee will be refunded if the appeal results in a modifications to the project. However, the appeal fee will not be refunded if the Planning Commission denies the appeal. P.C. Resolution No. 2019-31 Page 4 of 11 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 4:30 PM on Friday, January 3, 2020. 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 4.30 PM on Friday, January 3, 2020. 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 RPVMC §17.86.100(B). 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- 31, upholding the Director's decision to approve a Site Plan Review with Neighborhood Compatibility to allow the construction of a 501ft2 single-story addition along the south side façade and ancillary improvements with modifications to Condition no. 20 and 22, subject to the Conditions of Approval contained in the attached Exhibit "A". P.C. Resolution No 2019-31 Page 5 of 11 PASSED, APPROVED AND ADOPTED this 10th day of December 2019, by the following vote: AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, PERESTAM, AND VICE-CHAIRMAN LEON NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SAADATNEJADI /Z)2 Gordon Leon Vice Chairman _ a Ara Mi n, CP Interim City Manager/Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No 2019-31 Page 6 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING CASE NO. PLSR2019-0031 (SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY) 26104 BASSWOOD AVENUE 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or 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 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, 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. 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 P.C. Resolution No 2019-31 Page 7 of 11 to the residential development standards of the RPVMC, 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 RPVMC §17.86.060 or administrative citations as described in RPVMC Chapter' 1.16. 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 RPVMC §17.86.070 within 1 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 approval. 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 adjacentpublic 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 owners, to the satisfaction of the City's Building Official 14. 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 P.C. Resolution No. 2019-31 Page 8 of 11 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). 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. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17 96.920 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 7:00 AM Monday through Friday and before 9:00 AM 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. 16. 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. 17. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 18 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. 19. 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: 20. This approval shall allow for the following improvements to an existing single-family residence: A. Construction of a 703ft2 501ft2 single-story addition along the south side façade, resulting in a total structure size of 2,987ft2 2,785ft2 (including the garage); and, B. Construction of ancillary improvements, including 4 skylights BUILDING SQUARE FOOTAGE CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. P.C. Resolution No 2019-31 Page 9of11 AMENDED PER P.C. RESOLUTION NO. 2019-31 21. 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 15.75', as measured from the lowest finished grade covered by the structure (elev. 97.4') to the proposed roof ridgeline (elev. 113.15'); and 14.95', as measured from the highest elevation of the existing grade covered by the structure (elev 98.2') to the proposed roof ridgeline (elev. 113.15'). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO ROOF SHEATHING INSPECTION. 22. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 28.02% 26.93% lot coverage. AMENDED PER P.C. RESOLUTION NO. 2019-31 23. The approved residence shall maintain setbacks of 23.07' front, 7.39' north side, 5.17' south side, and 74.25' rear. SETBACK CERTIFICATION REQUIRED, licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 24. The roof eave of the approved project shall not project more than 6" for each foot of the required setback; provided that there are no vertical supports within the required setback area. 25. The height of the approved skylights shall not exceed the highest ridgeline of the residence. 26. 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 California Building Code. 27. 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 9ft in width and 20ft in depth, with a minimum 7ft vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9ft in width by 20ft in depth. 28. Based on a foliage analysis conducted on February 11, 2019, the following foliage shall be trimmed PRIOR TO BUILDING PERMIT ISSUANCE in order to protect the view from surrounding viewing areas: P.C. Resolution No. 2019-31 Page 10 of 11 A. Crown reduce the trees adjacent to the north side property line down to the lowest adjacent ridge line of the primary structure. The owner of the property is responsible for maintaining all foliage on the property, which exceed 16' in height as measured from the base or the lowest adjacent ridge line of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. P.C. Resolution No 2019-31 Page 11 of 11