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PC RES 2023-003 P.C. RESOLUTION NO. 2023-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND SITE PLAN REVIEW FOR TO CONSTRUCT A 2,696 FT2 ADDITION CONSISTING OF A 929 FT2 UPPER-LEVEL ADDITION AND A 1,767 FT2 LOWER-LEVEL ADDITION TO AN EXISTING 3,106 FT2 SINGLE- STORY RESIDENCE FOR A NEW TOTAL STRUCTURE SIZE OF 5,802 FT2 (GARAGE INCLUDED) WITH RETAINING WALLS UP TO 7.5 FEET IN HEIGHT ALONG WITH ANCILLARY SITE IMPROVEMENTS AND 2,115 YD3 OF ASSOCIATED GRADING AT 3330 VIA CAMPESINA (CASE NO. PLSR2022-0144). WHEREAS, on April 14, 2022, Russ Barto (Applicant) submitted Height Variation Permit, Major Grading Permit, and Site Plan Review applications to the Community Development Department requesting approval to construct a 2,696 ft2 addition consisting of a 929 ft2 upper-level and 1,767 ft2 lower-level addition to an existing 3,106 ft2 single-story residence for a new total structure size of 5.802 ft2 (garage included) with retaining walls up to 7.5 feet in height along with ancillary site improvements and 2,115 yd3 of associated grading at 3330 Via Campesina: and WHEREAS, on May 20, 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 February 23, 2023, staff deemed the application complete for processing, setting the action deadline to April 24, 2023; and WHEREAS, on February 23, 2023, a public notice was published in the Daily Breeze and mailed to all property owners within a 500-foot radius from the project site, providing a 30-day time period for the submittal of 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 CEQA Guidelines. More specifically, the project site contains an existing single-story residence; and WHEREAS, the Planning Commission held a public hearing on March 28, 2023, 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: P.C. Resolution No. 2023-03 Page 1 of 11 Section 1: The above recitals are true and correct, and are incorporated herein by reference. Section 2: The proposed project involves the construction of a 2,696 ft2 addition consisting of a 929 ft2 upper-level and 1 ,767 ft2 lower-level addition to an existing 3,106 ft? single-story residence for a new total structure size of 5,802 ft2 (garage included), with a 322 ft2 upper-level deck, patio areas, landscaping, walkways, new driveway, pool, BBQ, and retaining walls up to 7.5 feet in height with 2,115 yd3 of associated grading. Section 3: The Height Variation Permit for the construction of a 2,696 ft2 addition. which exceeds the 16 feet/20 feet "by-right" height limit is warranted based on the following findings: A. The Applicant has complied with the required early neighborhood consultation by obtaining 16 signatures (94%) from properties within 100 feet of the project site, and by obtaining 26 signatures (25%) from properties within 500 feet of the project site. B. The proposed additions do 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. In addition, there is approximately 8-22 feet grade differential between Graylog Street and the project site such that there is no potential to create an impact with the proposed development on the project site. Furthermore, there are no public viewing areas or viewing sites in the immediate vicinity that look over the project site and the property is not located within the City's Coastal Zone or any other City specific plan. C. The project is located on an existing building pad, similar to other lots within the vicinity and is not located either on a ridge nor on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. Rather the project sites slopes up in a southerly direction from Via Campesina to a building pad. D. The area of a 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. Based on site visits to the area and aerial imagery, the views in the vicinity are observed in the northerly direction and consist of city lights, the Los Angeles basin and Santa Monica Bay. The properties to the north of the project site have no views in the direction of the project site, and observe their view to the north, opposite from the location of the project site. The abutting properties to the west and east, observe views to the north and have no views over or in the direction of the project site. Views from the properties located to the south of the project site along Graylog Street are observed in an northerly direction, over the project site, but due to the difference in elevation, the structure will not result in significant view impairments. Specifically, as the building pad of the properties along Graylog Street are located approximately 8-22 feet higher in elevation than the project site, the approved addition will not increase the impact from these viewing areas. P.C. Resolution No. 2023-03 Page 2 of 11 E. There is no significant view impairment by portions of the structure which exceed 16 feet in height. Staff analyzed similarly designed projects on the properties of 3300 Via Campesina, 3270 Via Campesina, and 3462 Via Campesina and determined that these would not create a cumulative impact because the projects would need to be designed to include a grading component, so as to lower the grade in order to accommodate a lower-level addition, whereby the overall height of the residence does not increase. As a result of this large difference in pad elevation between the properties, if similar projects were to be constructed on adjacent lots, the improvements would either not be visible, or would not cause a significant view impairment. F. The structure complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, and parking. G. The residence is compatible with the character of the immediate neighborhood in terms of the square footage, scale, architectural style, and setbacks. The majority of the existing neighborhood is comprised of residences which incorporate a California Ranch and contemporary style design. The design of the homes within the immediate neighborhood include smooth stucco or wood siding with wooden trim accents and a mixture of pitched and flat roof designs with shingle, concrete, or tile roof materials. The project site residence will maintain its existing architectural features and others commonly found within the immediate neighborhood including stucco finishes, large glass facades, and a built-up membrane roof system. In addition, the project will maintain the existing flat roof design for the upper-level, which will help minimize the bulk and mass of the addition. Additional bulk and mass of the residence will be minimized due to the project adding square footage in the form of a lower-level addition. The immediate neighborhood consists of two-story homes with similar building heights and the residence will 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 the privacy of the abutting residences since the existing residence already has a large glass facade along the north of the structure; topographic conditions of the surrounding site resulting in varying building grade elevations between neighbors; and existing mature landscaping in the area reduces privacy impacts to adjacent neighbors. Section 4: The Grading Permit for the 2,115 yd3 of associated grading (1 ,981 yd3 of cut and 134 yd3 of fill), with a maximum depth of cut and fill of 10.7 feet and 2.5 feet, respectively, with combination walls up to 7.5 feet in height, to accommodate the proposed improvements. is warranted based on the following findings: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the lot is residential as identified in the City's General Plan and Zoning map. The approved grading is to provide a lower building pad for the proposed lower-level addition and driveway all of which are typical support uses to the primary residential use of the lot. P.C. Resolution No. 2023-03 Page 3 of 11 B. The proposed project grading and/or related construction will not significantly adversely affect the visual relationships or views as observed from neighboring properties. The proposed grading allows for the additions to the residence without increasing the overall height and/or without blocking views. In addition, as a result of the proposed grading, the residence will continue to be notched into the south slopes, maintaining the building pad at a lower elevation than the adjacent properties. Lastly, based on the siting of structures on adjacent properties and topographic conditions between lots; views as observed from neighboring properties will continue to be observed over the project site, as further detailed in Finding No. D of the Height Variation Permit section of this resolution. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. A combination of cut and fill with retaining walls to create a level building pad for the proposed lower-level addition, which focuses the bulk of the grading to the garage and driveway and allows for additional circulation via a staircase to the rear of the property. More specifically, the proposed upslope retaining walls measuring up to 7.5 feet in height are located towards the top of the slope at the southwestern side of the property which allows the majority of the existing slopes to remain. Furthermore, the proposed retaining walls allow the existing private driveway to maintain its current configuration. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. There are no significant natural topographic features that would be disturbed by the approved grading. There is minimal land-sculpturing as the existing slopes on the property and the existing private driveway will remain, other than those under and immediately adjacent to the proposed structure. E. The grading and/or related construction is not for the creation of a new-single family residence as parcel contains an existing single-family residence. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and to minimize the visual effects of grading and construction on hillside areas, is not applicable to the proposed project. G. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside because no modifications are proposed to streets or other public infrastructure. H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there is no natural landscape or wildlife habitat in the proposed grading area. P.C. Resolution No. 2023-03 Page 4 of 11 I. The grading conforms to grading standards related to maximum finished slopes and driveways. More specifically, grading on slopes greater than 35 percent on lots recorded prior to November 25, 1975 does not threaten the public health, safe. and welfare; and no grading resulting in driveways which exceed 20 percent slope and slopes not greater than 67 percent adjacent to driveways. J. Deviations to the code allowing grading to take place on slopes exceeding 35% and 50% (retaining walls up to 7.5 feet in height located south of the proposed project and grading exceeding a maximum depth of 5 feet (proposed 10.7 feet of cut and 2.5 feet of fill) are warranted as they are necessary to accommodate the lower-level addition, a new driveway, and provide for onsite circulation while minimizing view impacts to surrounding properties. Furthermore, more than one upslope retaining wall are required to accommodate the expanded driveway area and provide for outdoor patio areas along the northern façade of the project site. Lastly, the proposed grading will not be detrimental to public safety or other property as the project will be engineered and reviewed by the Building & Safety Division, as well as the City Geologist. K. Notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Section 5: The Site Plan Review is approved for the ancillary site improvements including an 322 ft2 upper-level deck, patio, landscaping, walkways, pool, and BBQ. The proposed ancillary site improvements comply with all applicable Code requirements for the RS-2 zoning district, including, but not limited to, minimum required setbacks, parking, and maximum allowable lot coverage. Section 6: 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, April 13, 2023. A $3,100 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, April 13, 2023. Section 7: 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 8: 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. 2023-- 03, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, APPROVING WITH CONDITIONS, A HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 2.696 FT2 ADDITION CONSISTING OF A 929 FT2 UPPER-LEVEL AND 1,767 FT2 LOWER-LEVEL ADDITION TO AN EXISTING 3,106 FT2 SINGLE-STORY RESIDENCE P.C. Resolution No. 2023-03 Page 5 of 11 FOR A NEW TOTAL STRUCTURE SIZE OF 5,802 FT2 (GARAGE INCLUDED) WITH RETAINING WALLS UP TO 7.5 FEET IN HEIGHT ALONG WITH ANCILLARY SITE IMPROVEMENTS AND 2,115 YD3 OF ASSOCIATED GRADING AT 3330 VIA CAMPESINA (CASE NO. PLSR2022-0144), subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 28th day of March 2023, by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI, SANTAROSA AND VICE-CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE FOIL Dave Chura Vice-Chair Octavio Silva Interim Director of Community Development: and, Secretary of the Planning Commission P.C Resolution No. 2023-03 Page 6 of 11 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLSR2022-0144 (HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND SITE PLAN REVIEW) 3330 VIA CAMPESINA 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 L.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. 202303 Page 7 of 11 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 administrative citations as described in RPVMC §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. 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 P.C. Resolution No. 2023-03 Page 8 of 11 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. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 17. 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: 18. This approval shall allow for the following: • Construct a 2,696 ft2 addition consisting of a 929 ft2 upper-level and 1 ,767 ft2 lower-level addition to an existing 3,106 ft2 single-story residence for a new total structure size of 5,802 ft2 (garage included); • Construct ancillary site improvements including, a 322 ft2 upper-level deck, patio areas, landscaping, walkways, new driveway, pool, BBQ, and retaining walls up to 7.5 feet in height; • Conduct 2,115 yd3 of total grading consisting of 1 ,981 yd3 of cut and 134 yd3 of fill with 1 ,847 yd3 of export and a maximum cut and fill of 10.7 feet and 2.5 feet, respectively. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 19. The height of the approved structure shall be as depicted on the stamped APPROVED plans and in no case shall the maximum height exceed 22.5 feet, as measured from the lowest finished grade covered by structure (elev. 664.5 feet) to the highest roof ridgeline (elev. 687.00 feet); and a height of 10.93 feet as measured from the highest elevation of the existing grade covered by the structure (elev. 676.07 feet) to the P.0 Resolution No. 2023-03 Page 9 of 11 highest roof ridgeline (elev. 687.00 feet). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 20. The proposed additions and residence shall maintain setbacks as follows: Front (west) 100 feet Interior Side (north) 122 feet Interior Side (south) 15 feet Rear (east) 82 feet BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 21 . Roof eaves shall not project into the required setback more than 6 inches for each foot of the required setback, provided that there are no vertical supports within the required setback areas. 22. Unless modified by the approval of future planning applications, the approved project shall maintain the maximum allowed lot coverage of 40% (20.2% currently proposed). 23. 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. 24. The project site shall maintain a minimum of two-enclosed parking spaces. 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. 25. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. 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. 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. 26. 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. P.C. Resolution No. 2023-03 Page 10 of 11 27. A pool enclosure is required and must consist of 5 feet to 6 feet tall fence or wall with a self-closing, self-latching gate. 28. 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. Any outdoor furnishings, accessories or plants located on the rear yard slope sitting area shall not exceed a height of 6 feet in height. 29. 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. 30. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 31 . PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage plan shall be reviewed and approved by the Public Works Department. 32. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth hauling permit shall be approved by the Public Works Department. P.C. Resolution No. 2023-03 Page 11 of 11