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PC RES 2021-007P.C. Resolution No. 2021-07 Page 1 of 8 P.C. RESOLUTION NO. 2021-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE DIRECTOR’S DECISION TO APPROVE A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY TO ALLOW THE CONSTRUCTION OF A 305 FT2 NEW THIRD-STORY ADDITION AND CONSTRUCTION OF A 881 FT2 ROOF DECK AT 30137 AVENIDA TRANQUILA (CASE NO. PLSR2019-0365). WHEREAS, on November 8, 2019, the Applicant submitted a Site Plan Review with Neighborhood Compatibility application (Case No. PLSR2019-0365) to the Community Development Department requesting approval to construct a 305 ft2 third- story addition and construction of a 881 ft2 roof deck at 30137 Avenida Tranquila; and, WHEREAS, on December 6, 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 November 23, 2020, the Applicant submitted a silhouette certification for the revised design, and on December 21, 2020, Staff deemed the application complete for processing, and, WHEREAS, on February 19, 2021, the Director of Community Development approved, with conditions, a Site Plan Review with Neighborhood Compatibility (Case No. PLSR2019-0365), to construct a 305 ft2 third-story addition and the construction of a 881 ft2 roof deck; and, WHEREAS, on February 19, 2021, 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 March 4, 2021, a timely written appeal of the Director’s approval was filed by the Appellant, who resides at 30157 Avenida Tranquila, which is located two properties south of the project site and those listed on the appeal letter dated March 4, 2021; and, WHEREAS, pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §17.80.050(C), an appeal hearing before the Planning Commission shall be set within 90 days of the filing of the appeal, or no later than June 2, 2021; and, WHEREAS, on April 24, 2021, pursuant to RPVMC §17.80.090, a public notice announcing the Planning Commission’s consideration of the appeal on May 11, 2021, was provided to the Applicant, the Appellant and other interested parties, and published in the Palos Verdes Peninsula News; and, P.C. Resolution No. 2021-07 Page 2 of 8 WHEREAS, on May 11, 2021, the Planning Commission held a duly-noticed public hearing to consider the appeal, 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 overturn the Director’s February 19, 2021, approval of a Site Plan Review with Neighborhood Compatibility for the construction of a 305 ft2 third-story addition and the construction of a 881 ft2 roof deck, for the property located at 30137 Avenida Tranquila, in conformance with the Director-approved plans attached hereto as Attachment 1 and incorporated by reference. Section 2: The Planning Commission finds that approval of the requested Site Plan Review application with Neighborhood Compatibility, to construct a 305 ft2 third-story addition and the construction of a 881 ft 2 roof deck, is warranted based on the findings articulated in the Director’s Notice of Decision (Case No. PLSR2019-0365) attached hereto as Attachment 2 and incorporated by reference. In summary: A. The proposed project complies with all applicable Development Code requirements for the RS-3 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 split-level residences that incorporate various architectural styles, design elements and façade treatments. As designed, the proposed addition and deck are designed to match the mod ern exterior of the previously approved renovation of the home. The addition incorporates stucco, stone and wood, which are all consistent elements found on the existing residence as well as in the neighborhood. Lastly, the proposed addition will provide a dequate 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. While the Appellant identified an error in the structure size calculation of one of the homes in the immediate neighborhood, which as a result, skewed baseline comparison figures, based on the updated figures, the average structure size of the 20 closest properties is revised from 4,139 ft2 to 3,985 ft2. This structure size remains above the average in the area; however, the project proposal remains P.C. Resolution No. 2021-07 Page 3 of 8 compatible with the neighborhood as outlined in the February 19, 2021 Director- approved project staff report. B. While the Appellant asserts that the proposed roof deck would create a privacy infringement on their property located at 30157 Avenida Tranquila , an analysis of the project determined that the roof deck will not create an unreasonable infringement of privacy to neighboring properties than what is already observed from the existing second-story balconies that lines the rear building elevation of the project site. The analysis took into consideration the adjacent homes and surrounding neighborhood through a privacy analysis, as discussed in detail in the February 19, 2021, Staff Report. C. While the Appellant raises concerns with the implementation of the City’s Neighborhood Compatibility Analysis based on the project scope , pursuant to RPVMC Section 17.02.030 , there are no square footage limitations a property owner can propose to their residence; thus, no square foot limitations have been exceeded. A proposed addition, which exceeds 25 percent of the original building footprint is subject to a Neighborhood Compatibility Analysis. As the proposed project proposes more than a 25 percent expansion (including previous additions) of the original building footprint, the project is being considered under the proper application, i.e. Neighborhood Compatibility. D. While the Appellant raises concerns that there are no other three-story homes amongst the 20 closet properties, the Neighborhood Compatibility analysis took into consideration that the lower level of the existing residence is not visible from the public right of way and the design of the third-story addition visually presents as a two-story home, which is consistent with the neighborhood. Upon an analysis of the immediate neighborhood, staff found a similar three-story design at 30041 Avenida Tranquila, which is just outside of the closest 20 homes. As such, the proposed construction of the 305 ft2 addition resulting in a three-story design does not present an anomaly in the neighborhood but rather will be consistent with the streetscape on Avenida Tranquila. E. While the Appellant asserts that the Director erred in approving the proposed addition and roof deck without taking into consideration the adjacent homes and surrounding neighborhood, the Neighborhood Compatibility analysis took into consideration the adjacent homes and surrounding neighborhood as discussed in detail in the February 19, 2021, 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. 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 PM on Wednesday, May 26, 2021. A $2,275.00 appeal fee must accompany any appeal letter. P.C. Resolution No. 2021-07 Page 4 of 8 If no appeal is filed timely, the Planning Commission’s decision will be final at 5:30 PM on Wednesday, May 26, 2021. 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. 2021- 06, denying an appeal and upholding the Director’s decision to approve a Site Plan Review with Neighborhood Compatibility to allow the construction of a 305 ft2 third-story addition and the construction of a 881 ft2 roof deck, subject to the Conditions of Approval contained in the attached Exhibit “A”. PASSED, APPROVED AND ADOPTED this 11th day of May 2021, by the following vote: AYES: VICE-CHAIR PERESTAM, COMMISSIONERS CHURA, HAMILL, JAMES, AND SANTAROSA NOES: CHAIR LEON AND COMMISSIONER SAADATNEJADI ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Gordon Leon Chair Ken Rukavina, P.E. Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2021-07 Page 5 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL CASE NO. PLSR2019-0365 (SITE PLAN REVIEW W/ NEIGHBORHOOD COMPATIBILITY) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this 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, an d/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 cur b 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 RPVMC Section 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. 2021-07 Page 6 of 8 to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City’s Municipal Code or administrative citations as described in Section 1.16 of the City’s Municipal Code. 8. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City’s Municipal Code within 180 days of the final effective date of this Notice of Decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed wit h 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 adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City’s Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be remov ed 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. 2021-07 Page 7 of 8 30 calendar days shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the 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. 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 Municipal Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maxim ize 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 Section 17.56.030 of the Rancho Palos Verdes 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. 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 PERMITS, the Applicant shall obtain approval of a haul route from the Director of Public Works. 19. The Applicant shall remove the project silhouette within seven days after a final decision has been rendered and the City’s appeal process has been exhausted. Project Specific Conditions: 20. This approval is for the construction of 305 ft² new third -story addition and a new 881 ft2 roof deck to an existing split-level residence. 21. The height of the proposed addition shall be as depicted on the stamped and approved plans and in no case shall the maximum height of the proposed addition exceed 15 feet-8 inches, as measured from the average elevation of the setback line abutting the street of access (elev. 98.44 feet) to the highest roof ridgeline (elev. 114.08 feet); and a height of 28 feet -2 inches as measured from the lowest finished grade covered by the structure (elev. 85.92 feet) to the highest roof ridgeline (elev. 114.08 feet). P.C. Resolution No. 2021-07 Page 8 of 8 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 40.2% lot coverage. 23. The approved project shall maintain setbacks of 20 feet-0 inches front, 7 feet-0 inches north side, 7 feet-0 inches south side, and 42 feet-0 inches rear. 24. 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 Uniform Building Code. 25. A minimum of three enclosed parking spaces shall be provided and maintained as a garage, and a minimum of three 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 feet in width and 20 feet in depth, with a minimum 7 feet vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 26. Any outdoor furnishings, accessories or plants located on the roof deck shall not exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the roof deck. 27. Any outdoor furnishings, accessories or plants located on the roof deck which exceed the height limits established in RPVMC Section 17.02.040, shall not significantly impair a view from surrounding properties.