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PC RES 2022-016 • P.C. RESOLUTION NO. 2022-16 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 CONSTRUCTION OF A 421 FT2 ADDITION TO AN EXISTING 2,983 FT2 TWO-STORY RESIDENCE MEASURING 21.5 FEET IN HEIGHT WITH ANCILLARY SITE IMPROVEMENTS AT 27731 LONGHILL DRIVE (CASE NO. PLHV2022-0015) WHEREAS, on June 14, 2022, the Applicant, Bizhan Khaleeli ("Applicant"), submitted Height Variation Permit and Site Plan Review applications, requesting to construct a 421 ft2 addition to an existing 2,983 ft2 two-story residence measuring 21 .5 feet in height and ancillary site improvements located at, 27731 Longhill Drive, in the City of Rancho Palos Verdes; and WHEREAS, on July 26, 2022, 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 October 31, 2022, staff deemed the application complete for processing, setting the action deadline to December 30, 2022; and WHEREAS, on November 3, 2022, 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 15301(Existing Facilities) of the California Guidelines for Implementation of CEQA. Specifically, the project includes an addition to an existing structure that is less than 10,000 ft2; is located where existing public services and facilities are available; and is not in an environmentally sensitive area; and WHEREAS, the Planning Commission held a public hearing on December 13, 2022, 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 construction of a 421 ft2 second- story addition to an existing 2,983 ft2 two-story residence resulting in a new total structure P.C. Resolution No. 2022-16 Page 1 of 8 size of 3,404 ft2 (garage included); and the construction of ancillary site improvements including a 50 ft2 area conversion of the existing garage into a laundry room and a new 121 ft2 balcony at the front of the residence. Section 2: The Planning Commission finds that the Height Variation Permit for the construction of a 421 ft2 addition to an existing 2,983 ft2 two-story residence measuring 21.5 feet in height, which exceeds the 16 feet/20 feet by-right building height envelope is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 6 signatures (75%) from properties within 100 feet and 38 signatures (70%) from properties within 500 feet of the project site, in which there is no active Homeowners' Association. B. The proposed project 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. In addition, the property is not located within the City's Coastal Zone or any other City specific plan. C. The proposed project 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 proposed project will not result in a significant view impairment from the viewing area of another parcel because the residences to the east of the project site will continue to observe views, as these properties do not look over, or in the direction of the project site. The residences to the west and north of the project site are on similar pad elevations as that of the project site. Views observed from these properties in the direction of the project site would not be protected due to the by- right building height envelope of 16 feet/20 feet of the project site. The residences to the northwest of the project site along Flaming Arrow Drive do not look over, or in the direction of the project site. Lastly, there are no residences to the south of the project site as it abuts commercial properties within the City of Rolling Hills Estates, which are located approximately 147 feet below the project site. E. There is no significant cumulative view impairment caused by granting the Height Variation Permit due to the topography and physical development of the area, in which all adjacent parcels (27721 Longhill Dr., 27725 Longhill Dr. and 27743 Longhill Dr.) to the project site are currently developed with two-story residences. P.C. Resolution No. 2022-16 Page 2 of 8 F. The proposed structure complies with all other Code requirements, including, but not limited to minimum required setbacks, maximum allowed lot coverage, parking, and building height. G. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. Many of the residences in the immediate neighborhood resemble California Ranch and Monterey style designs along with elements found in other architectural styles. The roof designs in the immediate area include gable and hip roofs with shingle or tile roof materials. The exterior finishes of the neighboring properties vary, but generally include stucco, natural rock, wood siding and brick accents. As designed, the proposed project incorporates similar design features of the existing residence including a stucco finish with a shingle roof in a gable configuration. The appearance of bulk and mass of the proposed project will be minimized by the varying design elements that provide articulation such as the proposed balcony along the front façade of the residence and varying roof planes that are present in the design of the existing residence. In addition, the proposed project is adjacent to other two-story residences with similar building heights and the project will continue to provide adequate light and air between properties by complying with the required setbacks. H. The proposed project will not result in an unreasonable infringement of privacy. The proposed second-story addition will be located along the front façade of the existing two-story residence. The addition will include windows along the east and west side elevations as well as windows and a 121 ft2 balcony on the north or front elevation of the residence. The proposed windows along the side facades of the addition will not result in an unreasonable infringement of the privacy of the occupants of abutting residences because the windows will provide views of existing roofed areas on neighboring properties. Similarly, the proposed windows and balcony along the front elevation of the addition will not result in privacy impacts as these improvements will have views of the driveways and front yards of adjacent properties. In addition, these windows and balconies will also have a view of the public street of access (Longhill Drive). Section 3: The Planning Commission finds that the Site Plan Review for the proposed ancillary site improvements, which include a 50 ft2 area conversion of the existing garage into a laundry room and a new 121 ft2 balcony at the front of the residence are warranted as the improvements comply with all applicable Code requirements. 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 Monday, January 9, 2023. 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 P.C. Resolution No. 2022-16 Page 3 of 8 Monday, January 9, 2023. The 15-day appeal period has been extended to account for the City Holiday Closure from Friday, December 23, 2022 to Monday, January 2, 2023. 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- , approving the Height Variation Permit and Site Plan Review for the construction of a 421 ft2 addition to an existing 2,983 ft2 two-story residence measuring 21.5 feet in height with ancillary site improvements, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 13th day of December 2022 by the following vote: AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI, AND VICE-CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SANTAROSA 0 David Chura Vice-Chair Octavio Silva Interim Director of Community Development; and. Secretary of the Planning Commission P.C. Resolution No. 2022-16 Page 4 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2022-0015 (HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW) 27731 LONG H I LL 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 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. P.C. Resolution No. 2022-16 Page 5 of 8 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. 2022-16 Page 6 of 8 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(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. 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. Construction of a 421 ft2 second-story addition to an existing 2,983 ft2 two-story residence resulting in a new total structure size of 3,404 ft2 (garage included); and B. Construction of ancillary site improvements including a 50 ft2 area conversion of the existing garage into a laundry room and a new 121 ft2 balcony at the front of the residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. P.C. Resolution No. 2022-16 Page 7 of 8 20. The height of the approved project shall be as depicted on the stamped APPROVED plans and in no case shall the height of the residence extend above 21.25 feet, as measured from the highest existing grade covered by the structure (elev. 59.46 feet) to the highest proposed roof ridgeline (elev. 80.71 feet), and 21.5 feet, as measured from the lowest finished grade covered by the structure (elev. 59.21 feet) to the highest proposed roof ridgeline (elev. 80.71 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 20-foot front, 5-foot east side, 7.8-foot west side, and a 64.3-foot 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-4 zoning district shall maintain a maximum of 50% lot coverage. 23. 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 feet in width and 20 feet in depth, with a minimum 7-foot 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. 24. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 25. Any outdoor furnishings, accessories or plants located on the balcony 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. 26. 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. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 27. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 28. A drainage plan shall be reviewed and approved by the Public Works Department. P.C. Resolution No. 2022-16 Page 8 of 8