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PC RES 2024-005 P.C. RESOLUTION NO. 2024-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT, COASTAL PERMIT, AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 3,017 FT2 ADDITION TO AN EXISTING 9,299 FT2 (GARAGE INCLUDED) TWO-STORY RESIDENCE FOR A NEW TOTAL STRUCTURE SIZE OF 12,316 FT2 WITH ANCILLARY IMPROVEMENTS AT 7 MARGUERITE DRIVE (CASE NO. PLHV2023-0007). WHEREAS, on May 4, 2023, the Applicant, Wenfei Feng, submitted a Height Variation Permit, Coastal Permit and Site Plan Review application, requesting to construct a 3,017 ft2 addition to an existing 9,299 ft2 two-story residence for a new total structure size of 12,316 ft2 located at 7 Marguerite Drive, in the City of Rancho Palos Verdes; and WHEREAS, on August 14, 2023, The Applicant paid the application fees for the project, and on the same day, Staff deemed the application incomplete for processing after reviewing the initial submittal of the project plans and application.; and WHEREAS, December 21, 2023 Staff deemed the applications complete for processing after the submittal of additional information by the Applicant on multiple occasions, and WHEREAS, on December 21, 2023, 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 February 13, 2024, 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.0 Resolution No. 2024-05 Page 1 of 10 Section 1: The above recitals are true and correct and are incorporated herein by reference. Section 2: The proposed project involves constructing a 3,017 ft2 addition to an existing 9,299 ft2 two-story residence for a new total structure size of 12,316 ft2 (garage included) with ancillary improvements. Section 3: The Planning Commission finds that the Height Variation Permit for the construction of a 3,017 ft2 addition to an existing 9,299 ft2 two-story residence for a new total structure size of 12,316 ft2 (garage included), 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 six signatures (100%) from properties within 100 feet and 10 signatures (28%) from properties within 500 feet of the project site, in which there is no active Homeowners' Association. B. The City's General Plan identifies viewing points (turnouts along vehicular corridors for the purposes of viewing) and viewing sites (public site areas, which, due to their physical locations on the Peninsula, provide a significant viewing vantage) within the City. Palos Verdes Drive West is a major thoroughfare in the General Plan and the Coastal Specific Plan and overlooks the subject property since the road is at a higher elevation. Palos Verde Drive West, which is located to the east side of the project site is located at approximately 30 feet higher in elevation than the project site. Staff conducted a site visit to ensure that the new structure will not impair the view of the ocean when walking or driving down Palos Verdes Drive West thoroughfare. The new addition will be lower in height than the height of the existing project residence and below the level of Palos Verdes Drive West, whereby views in the direction of the project site will continue to be observed. Therefore, this finding can be made. C. The project residence and the proposed addition is not located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The proposed second-story addition will not create significant view impacts because the properties located north and south of the project site along Palos Vedres Drive West are developed on relatively similar pad elevations and have views in the opposite direction of the project site. The properties located to the east of the project site along 7460 Alida Place, 28364 Palos Verdes Drive West, and 7387 Lunada Vista are situated on building pads that are higher in elevation than the project site, whereby views over the project site remain unobstructed. There are no residential structures to the west of the project site, as the area is improved with the coastal bluffs. P.C. Resolution No 2024-05 Page 2 of 10 E. There is no significant view impairment from the areas of the neighboring properties as a result of the proposed Height Variation Permit. F. The proposed addition would not impair views observed from neighboring properties. Properties adjacent to the'subject property(e.g., 7460 Alida Place, 6 Marguerite Drive and 7387 Lunada Vista) are either already improved with two-story residences, where no further view impairment can be created from these properties, and there will be no significant view impairments if similar projects were to be constructed on single-story homes. G. The proposed setbacks are similar to those in the immediate neighborhood due to the topography and layout of the homes in the area. H. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The project residence will be the third largest in the area and the scale of the project will continue to be compatible with the immediate neighborhood as a result of the various architectural elements and features that will create visual interest and soften the appearance of bulk and mass. The appearance of bulk and mass of the proposed addition will be minimized by ,the multiple roof ridgelines and articulated facades of the proposed project. Specifically, the proposed second-story facing Palos Verdes Drive West street-side façade will be located below the roof ridgeline of the existing residence and situated below the line of sight from Palos Verdes Drive West. The roof of the proposed addition is configured in a hip roof design, which is consistent with other homes in the immediate area. The exterior of the existing project residence includes a smooth stucco finish and red tile roof to match the existing structure. I. Based on the configuration of the project residence in relation to the existing topography and location of neighboring homes, the proposed project will not result in an unreasonable infringement of privacy. More specifically, there are no adjacent residential properties to the west and east of the subject property. Additionally, the proposed second-story windows along the southern façade will be oriented in the direction of the public right-of-way including Palos Verdes Drive West and Margurite Drive. Furthermore, the proposed second-story windows will not result in privacy impacts to properties located to the north of the project site due to expansive setbacks and mature landscaping that will create a buffer between the properties. Section 4: The Coastal Permit for the project in the City's Coastal Zone is approved based on the following findings: A. The subject property is located outside of both the Coastal Setback Zone and the Coastal Structure Setback Zone and ensures the project does not encroach upon sensitive coastal areas, safeguarding natural habitats and adhering to regulations designed to prevent erosion and protect coastal integrity. Furthermore, the proposed P C Resolution No 2024-05 Page 3 of 10 project meets all the development standards with regards to setbacks and lot coverage. B. The proposed project is limited within the property lines of the project site. The proposed construction will take place within private property and will not affect any public paths, trails, easements, or public rights-of-way Section 5: The Planning Commission finds that approval of the Site Plan Review for the patio cover, outdoor kitchen area, and new concrete ramps is warranted, as the improvements comply with all applicable Code requirements, including, but not limited to, minimum required setbacks, height, and maximum allowable lot coverage. Section 6: The Planning Commission determines the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to under Article 19, §15301(e)(Existing Facilities) of the CEQA Guidelines and none of the exceptions to this exemption set forth in CEQA Guidelines, section 15300.2 apply to this project. Thiis project does not present any unusual circumstances as its size is consistent with other development in its vicinity and there is no substantial evidence the project will cause a significant environmental impact. 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. Section 7: 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 Wednesday, February 28, 2024. 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 Wednesday, February 28, 2024. 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. 2024 , approving the Height Variation Permit, Coastal Permit and Site plan review application, requesting to construct a 3,017 ft2 addition to an existing 9,299 ft2 two-story residence for a new total structure size of 12,316 ft2 located at 7 Marguerite Drive, subject to the Conditions of Approval contained in the attached Exhibit "A". P C. Resolution No. 2024-05 Page 4 of 10 PASSED, APPROVED AND ADOPTED this 13th day of February 2024 by the following vote: AYES: COMMISSIONERS BRACH, NULMAN, PERESTAM, SAADATNEJADI, VICE CHAIR SANTAROSA & CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER NELSON ic_ctiearQiwy, -6atz_ David Chura Chair Bran;: orbes AICP y Director of Community Development; and, Secretary of the Planning Commission P C Resolution No 2024-05 Page 5 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2023-0007 (HEIGHT VARIATION PERMIT, COASTAL PERMIT AND SITE PLAN REVIEW) 7 MARGUERITE DRIVE General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or 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, 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. 2024-05 Page 6 of 10 i 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 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 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.0 Resolution No. 2024-05 Page 7 of 10 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, 9:00AM to 5:00PM 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. 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. 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 ANY GRADING AND/OR BUILDING PERMIT, whichever occurs first, an earth hauling permit shall be approved by the Public Works Department. 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. The proposed project consists of the following improvements: • Construct a 3,017 ft2 addition, consisting of a 2,030 ft2 single-story addition and a 987 ft2 two-story addition to an existing 9,299 ft2 two-story residence for a new total structure size of 12,316 ft2 (garage included). P C. Resolution No. 2024-05 Page 8 of 10 • Construct ancillary site improvements, including raising an existing 775 ft2 patio area by 2.2 feet, new and expanded patio areas along with a new 885 ft2 patio cover, outdoor kitchen area, and new concrete ramps. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 21. The overall proposed addition areas will measure 25.9 feet, as measured from the lowest finished grade covered by structure (elev. 228.1) to the highest proposed roof ridgeline (elev. 254.00); and a height of 24.4 feet, as measured from the highest existing grade covered by the structure (elev. 229.6) to the highest roof ridgeline (elev. 254.00). 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. 22. The proposed project shall maintain setbacks of 62.3-foot front, 173.08-foot side (west), 52.83-foot side (east) and 46.08 -foot rear yard setbacks. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 23. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 24.9% lot coverage. 24. The project site shall maintain a minimum of three 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 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. 25. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 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 foliage analysis conducted by Staff on January 17, 2024, found that the following foliage shall be trimmed or removed PRIOR TO BUILDING PERMIT ISSUANCE in P.0 Resolution No. 2024-05 Page 9 of 10 order to protect the view from surrounding viewing areas: 1. Crown reduce approximately six (6) California Pepper Trees adjacent to Palos Verdes Drive West by trimming down to six (6) feet above the property line adjacent to Palos Verdes Drive West; and 2. Crown reduce approximately one (1) Liquid Amber Tree adjacent to the north property line by trimming down to six (6) feet above the property line adjacent to Palos Verdes Drive West; and 3. Remove the Yucca trees located in the northeast corner of the property adjacent to Palos Verdes Drive West since the Yucca trees cannot be trimmed down to six (6) feet above the property line adjacent to Palos Verdes Drive West without causing an unsightly appearance; and 4. Crown reduce one (1) Willow-type brown-leafed tree located at the southeast corner of the property adjacent to the intersection of Palos Verdes Drive West and Marguerite Drive by trimming down to six (6) feet above the property line adjacent to Palos Verdes Drive West; and 5. Crown reduce the Pine Trees adjacent to Marguerite Drive by trimming down to six (6) feet above the property line adjacent to Palos Verdes Drive West; and 6. Crown reduce all other foliage, not identified above, on the property exceeding six (6) feet above the property line adjacent to Palos Verdes Drive West by trimming down the foliage to six(6)feet above the property line adjacent to Palos Verdes Drive West. The owner of the property is responsible for maintaining, in perpetuity, all foliage on the property, which exceeds 16 feet in height, as measured from the base of the tree or which exceeds the lowest adjacent ridge line of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 28. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 29. A drainage plan shall be reviewed and approved by the Public Works Department. P C Resolution No 2024-05 Page 10 of 10