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PC RES 2022-001 P.C. RESOLUTION NO. 2022-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR THE DEMOLITION OF 63% OF THE EXISTING 2,280 FT2 SINGLE- STORY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION OF A NEW 973 FT2 ADDITION, CONSISTING OF 35 FT2 TO THE FIRST FLOOR AND 938 FT2 TO THE SECOND FLOOR, RESULTING IN A 3,253 FT2 TWO-STORY RESIDENCE MEASURING 23.54 FEET IN HEIGHT WITH ANCILLARY IMPROVEMENTS AT 5119 SILVER ARROW DRIVE (CASE NO. PLHV2020-0009). WHEREAS, on December 9, 2020, Stefanie Haering, on behalf of property owners Alex and Adrienne Kim (collectively, "Applicant"), submitted Height Variation Permit and Site Plan Review applications, requesting approval to demolish 63% of the existing 2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition, consisting of 35 ft2 to the f i rst Vfl oor and 938 ft2 to the second floor, resulting in a 3,253 ft2 two-story residence measuring 23.54 feet in height, with ancillary improvements, located at 5119 Silver Arrow Drive, in the City of Rancho Palos Verdes; and WHEREAS, on January 7, 2021, 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 December 7, 2021, staff deemed the application complete for processing, setting the action deadline to February 5, 2022; and WHEREAS, on December 9, 2021, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the project site, providing a 30-day time-period to submit comments; and 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 63% of an existing single-story residence to accommodate the construction of a larger two-story residence in the RS-5 zoning district, which is a residential zone;and WHEREAS, the Planning Commission held a public hearing on January 25, 2022, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2022-01 Page 1 of 9 NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed project involves the demolition of 63% of the existing 2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition, consisting of 35 ft2 to the first floor and 938 ft2 to the second floor, resulting in a 3,253 ft2 two-story residence measuring 23.54 feet in height with ancillary improvements including a 197 ft2 roof deck at the northwest corner of the residence, a new air conditioning unit at the east side yard, and one skylight. Section 2: The Planning Commission finds, that the Height Variation Permit for the construction of a new 973 ft2 addition to an existing single-story residence, resulting in a 3,253 ft2 two-story residence, which exceeds the 16 feet/20 feet by-right building 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 seven signatures (87%) from properties within 100 feet and twenty-two signatures (31%) from properties within 500 feet of the project site, in which there is no active Homeowners'Association. 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 viewing points or viewing sites that will be impacted due to the location of the project site and the topography in the immediate area 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 the proposed addition to an existing structure that is above 16 feet 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. Specifically, the residences to the east of the project site will continue to observe views of the Los Angeles Basin as their viewing area does not look over, or in the direction of the project site. In addition, the residences to the west and south of the project site are on similar pad elevations, and therefore, any protected views will be impaired by the by-right building height envelope of 16 feet/20 feet. Lastly, there are no residences to the north of the project site as it abuts Hawthorne Boulevard which is more than 60 feet below the project site's building pad area. P.C. Resolution No. 2022-01 Page 2 of 9 E. There is no significant cumulative view impairment caused by granting the Height Variation Permit since the adjacent properties surrounding the project site are either already improved with two-story residences where no further view impairment can be created from these properties, or due to the existing topography where there will be no significant view impairments if similar projects were to be constructed on single-story home. F. The proposed structure complies with all other Code requirements, including, but not limited to setbacks, parking, maximum allowed lot coverage, and building height. G. The proposed residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The majority of the existing neighborhood is comprised of various design elements and façade treatments that accent the residences. As designed, the architectural style of the proposed additions will replicate the elements of the existing residence and be similar to other residences found within the surrounding neighborhood. The appearance of bulk and mass of the proposed residence will be minimized by the undulated setbacks on the second story, multiple roof ridgelines, varying exterior finishes and belly trim between the first and second stories, as well as the inclusion of a new roof deck. There are two other homes in the immediate neighborhood that are two-story residences appearing to have similar building heights, and the proposed residence will continue to provide adequate light and air between properties. H. The proposed addition to an existing structure that is above 16 feet in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Specifically, the rear yard of the neighboring property to the east (i.e., 5113 Silver Arrow Drive) is already visible from the project site's rear patio area. Furthermore, the neighboring property to the west (i.e., 5125 Silver Arrow Drive) has an existing trellis over the patio areas in the rear yard and dense foliage on the lot that precludes significant views into their rear yard. It should be noted that the Applicant plans to incorporate landscaping along the shared property line with the neighboring property to the west to act as a visual barrier to screen any available views. In addition, the rear façade windows and roof deck primarily face the down-sloping rear yard and the Palos Verdes Peninsula High School located across the street from the project site. Lastly, the proposed windows along the west façade are either clerestory windows or narrow in width that minimize views into the neighboring property. Section 3: The Planning Commission finds that the Site Plan Review for the proposed ancillary site improvements, which indude a 197 ft2 roof deck at the northwest corner of the residence, a new air conditioning unit at the east side yard, and one skylight are warranted as the improvements comply with all applicable Code requirements. P.C. Resolution No. 2022-01 Page 3 of 9 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, February 10, 2022. A $3,100.00 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, February 10, 2022. 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§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. 2022- 01, approving the Height Variation Permit and Site Plan Review for the demolition of 63% of the existing 2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition, consisting of 35 ft2 to the first floor and 938 ft2 to the second floor, resulting in a 3,253 ft2 two-story residence measuring 23.54 feet in height with ancillary improvements, subject to the Conditions of Approval contained in the attached Exhibit"A". PASSED,APPROVED AND ADOPTED this 25th day of January 2022 by the following vote: AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI, SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Step en Perestam Chair Ken Ru kavin a,PE Director of Community Development;and, Secretary of the Planning Commission P.C. Resolution No. 2022-01 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2020-0009 (HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW) 5119 SILVER ARROW DRIVE General Conditions: 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 th is 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. P.C. Resolution No. 2022-01 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 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 may be cause of the issuance of administrative citations as described in RPVMC Ch. 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 one year 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 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 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 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. P.C. Resolution No. 2022-01 Page 6 of 9 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 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(0). 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 distancebetween 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. 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 th a following: A. Demolition of 63% of an existing 2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition, consisting of 35 ft2 to the first floor and 938 ft2 to the second floor, resulting in a two-story residence with a total structure size of 3,253 ft2; and, B. Construction of ancillary improvements, including a 197 ft2 roof deck at the northwest corner of the residence, a new air conditioning unit at the east side yard, and one skylight. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. P.C. Resolution N o. 2022-01 Page 7 of 9 20. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall the height of the residence extend above a height of 22.85, feet, as measured from highest elevation of the existing grade covered by the stru ctu re (elev. 1,008.85 feet) to the highest proposed roof ridgeline (elev. 1,031.7 feet); and an overall height of 23.54 feet, as measured from lowest finished grade adjacent to the structure (elev. 1,008.16 feet) to the highest proposed roof ridgeline (elev. 1,031.7 feet). 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 proposed residence shall maintain setbacks of 18.19 feet front, 5.21 feet east side, 5 feet west side, and a 132.58 feet rear. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 22. Unless modified by the approval of future planning applications, the approved project within the RS-5 zoning district shall maintain a maximum of 31% lot coverage. 23. The project site shall maintain a minimum of two endosed parking spaces at all times. 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-foot vertical clearance. An un en dosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 24. The height of the proposed skylights shall not exceed the highest ridgeline of the house. 25. The approved air conditioning 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. 26. The maintenance or operation of mechanical equipment, including but not limited to AC units or pool filters, generating noise levels in excess of 65dBA as measured from the closest property line shall constitute a public nuisance in accordance to Chapter 8.24 of the RPVMC. 27. Driveways, paved walkways and parking areas shall not cover more than 50% of the required 20-foot front setback area. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. 28. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. P.C. Resolution No. 2022-01 Page 8 of 9 29. 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 deck. 30. Any outdoor furnishings, accessories or plants located on the roof deck which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 31. All applicable soils/geotechnical reports, if required by the Building and Safety Division,shall be approved by the City's Geologist. 32. A drainage plan shall be reviewed and approved by the Public Works,Department. 33. An earth hauling permit shall be approved by the Public Works Department. PRIOR TO CERTIFICATE OF OCCUPANCY 34. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to the Planning Division for review and approval by the Director of Community Development. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. The landscape plans may be required to comply with the State of California Water Efficient Landscape requirements,as determined by the City's Landscape Architect. Upon completion of the installation of the landscaped areas or altered landscaped area subject to RPVMC §15.34.100, the project Applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. 35. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to Certificate of Occupancy. P.C. Resolution No. 2022-01 Page 9 of 9