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PC RES 2024-011 P.C. RESOLUTION NO. 2024-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S CONDITIONAL APPROVAL OF A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY AND MAJOR GRADING PERMIT TO ALLOW THE CONSTRUCTION OF A 742 FT2 SINGLE-STORY ADDITION TO AN EXISTING 2,533 FT2 SINGLE-STORY RESIDENCE (GARAGE INCLUDED) RESULTING IN A NEW TOTAL STRUCTURE SIZE OF 3,275 FT2; ALONG WITH ANCILLARY SITE IMPROVEMENTS; AND AFTER-THE-FACT GRADING (39 YD3 OF CUT), AT 2838 CALLE AVENTURA (CASE NO. PLHV2022-0001); AND DETERMINING THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO 14 CCR 15301 WHEREAS, on January 17, 2022, the Applicant submitted the initial project applications, which involved a Height Variation Permit, Site Plan Review and Major Grading Permit to construct a project two-stories in height; and, WHEREAS, on February 16, 2022, Staff deemed the application incomplete for processing after reviewing the submittal of the project plans and application. The project scope was subsequently revised to a single-story configuration, which eliminated the need for a Height Variation Permit; and, WHEREAS, on December 19, 2023, after the resubmittal of information by the Applicant on multiple occasions revising the scope of the project, Staff deemed the revised application complete for processing; and, WHEREAS, on February 15, 2024, the Director of Community Development conditionally approved the project and issued a Notice of Decision (NOD) to interested parties providing for a 15-day project appeal period; and, WHEREAS, on March 1, 2024, Staff received a timely written Appeal Letter with fee, of the Director's Notice of Decision (NOD) from the adjacent property owner at 2482 Calle Aventura, Mrs. Angele Seliukas (herein the Appellant). The Appellant requests that the Planning Commission overturn the Director's February 15, 2024, approval of a Site Plan Review with Neighborhood Compatibility and Major Grading Permit; and, WHEREAS, pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §17.80.050(C), an appeal hearing before the Planning Commission shall be set within 90 days of the filing of the appeal, or no later than May 30, 2024; and, WHEREAS, on March 21, 2024, pursuant to RPVMC §17.80.090, a public notice announcing the Planning Commission's consideration of the appeal on April 23, 2024, was provided to the Appellant, the Applicant, property owners within a 500-foot radius of 01203 0005/977425 1 P C Resolution No 2024- Page 1 of 10 r the project site, interested parties and published in the Palos Verdes Peninsula News; and, WHEREAS, on April 23, 2024, the Planning Commission held a duly-noticed public hearing to consider the appeal, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The above recitals are correct and are incorporated herein by reference. Section 2: The Planning Commission finds that approval of the requested Site Plan Review application with Neighborhood Compatibility is warranted based on the findings: A. In accordance with RPVMC §17.02.030(B)(3), the Director determined that the project proposal achieves neighborhood compatibility in terms of a) Scale of surrounding residences b) Architectural styles and materials, and c) Front, side, and rear yard setbacks. B. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The proposed 742 ft2 addition will result in a new structure size of 3,275 ft2 (garage included), which will be the second largest structure size in the neighborhood. The addition is single-story. The design of the addition will be compatible with the existing residence and the homes in the immediate, as the project includes smooth stucco finishes and a gable roof with shingle materials. The proposed addition will meet or exceed the required minimum setbacks. C. The proposed project complies with all applicable Development Code requirements for the RS-2 zoning district, including but not limited to, the minimum required setbacks for primary structures, lot coverage and height restrictions. Section 3: The Planning Commission finds that approval of the requested Major Grading Permit is warranted based on the findings. A. In accordance with RPVMC §17 76.040.B.2, the Director made the findings that the proposed grading plan conformed to the Major Grading Permit standards pursuant to RPVMC §17.76.040.B.2 and RPVMC §17.76.040(E). The grading activities resulted in enhanced accessibility around the project residence and throughout the property. B. The grading conforms to grading standards related to grading on slopes over 35% steepness, maximum finished slopes and driveways. Project grading occurred over a portion of an extreme slope; however, the project site was created in 1957 prior to the P C Resolution No 2024-11 Page 2 of 10 City's incorporation; the project grading occurred in an area of the project site zoned RS-2 and not OH, and Conditions of Approval are proposed to ensure that the project grading will not threaten public health, safety, and welfare. The maximum fill or cut did not exceed 5 feet. Grading did not occur on slopes over 50% steepness. Retaining walls did not exceed 3 1/z feet tall downslope walls. Such grading activities are warranted to accommodate the project and provide for ancillary improvements in support of the residence. Section 5: The Planning Commission has considered the basis for the appeal offered by the Appellant, and finds that they are without merit for the reasons described below: A. While the Appellant alleges that the scale of the proposed project is not compatible with the surrounding neighborhood, the Director determined that the project proposal achieves neighborhood compatibility in terms of scale of surrounding residences. The Director reviewed 20 properties in comparison to the proposed project and determined that the project residence would be the second largest (3,275 ft2) in the area. The selected 20 closest properties have the same RS-2 zoning designation as the project site with both properties at 30648 and 30650 Palos Verdes Drive East sharing a common property line along the southerly side property line of the project site per the NC Handbook. The Director also reviewed the design features of the addition that include façade articulation and the use of varying roof ridgelines that reduce the scale of the project. B. While the Appellant alleges that the architectural style of the proposed project is not compatible with the surrounding neighborhood, the Director determined that the project proposal achieves neighborhood compatibility in terms of architectural style and material. The Director-approved project achieved a design style where the proposed addition incorporated contemporary design features of the project residence and maintained features commonly found within the neighborhood. For example, the project includes smooth stucco finishes and a gable roof with shingle materials, these façade treatments and materials are prevalent in the immediate neighborhood. Lastly, the addition will be constructed within the 16 foot/20 foot"by- right" building height envelope pursuant to RPVMC § 17.02.040.B.1.c, thus maintaining a single-story configuration. C. While the Appellant alleges that the proposed project setbacks are not consistent with Code requirements and are not compatible with the surrounding neighborhood, the Director determined that the project proposal achieves neighborhood compatibility in terms of front, side, and rear yard setbacks. The proposed project is consistent with RS-2 zoning setback regulations, which require 20-feet front, 5-feet side and 15-feet rear setbacks. More specifically, the proposed project is designed with no change to the front and south side setback, 5.15-feet north side and 371.58-feet rear setback. The Director compared the alignment of the residences at 2842 and 2826 Calle Aventura, which are located to the north and south of the project site, respectively. Aligning the proposed project setback P C Resolution No 2024-11 Page 3 of 10 along the rear yard with the residences at 2848 and 2826 Calle Aventura would require an 18-feet addition along the rear yard of the project site instead of the Director-approved 6.25-feet encroachment into the existing rear yard. D. While the Appellant alleges that the proposed project addition will reduce the ocean view, the Director rejects the argument as not applicable to the Neighborhood Compatibility criteria. The proposed single story construction height is to be 14 feet 6 1/2 inches, which is within the "by right" height level of 16 feet, and which does not require a review of view impacts. Section 6: The Planning Commission determines the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 CCR, Section 15301(e)(1)(Additions) . Specifically, the proposed project will not result in an increase of more than (1) 50% of the floor area of the structure before the addition, or 2,500 ft2, whichever is less; or (2) 10,000 ft2 if: (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive. In addition, none of the exceptions to the use of this categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to this project and the project does not present any unusual circumstances. 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 PM on Wednesday, May 8, 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 PM on Wednesday, May 8, 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- 11, denying an appeal and upholding the Director's conditional approval of a Site Plan Review with Neighborhood Compatibility and Major Grading Permit to allow the construction of a 742 ft2 single-story addition to an existing 2,533 ft2 single-story residence (garage included) resulting in a new total structure size of 3,275 ft2; along with ancillary site improvements; and after-the-fact grading (39 yd3 of cut), at 2838 Calle Aventura (Case No. PLHV2022-0001); and determining the project is exempt from CEQA pursuant to 14 CCR 15301, subject to the Conditions of Approval contained in the attached Exhibit "A". P C Resolution No 2024-11 Page 4 of 10 PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024, by the following vote: AYES: COMMISSIONERS NULMAN, VICE CHAIR SANTAROSA AND CHAIR CHURA NOES: COMMISSIONERS BRACH AND NELSON ABSTENTIONS: NONE RECUSALS: COMMISSIONERS SADDATNEJADI AND PERESTAM ABSENT: NONE Da i• hura Chair f ' ��" AICP Bran•y •r•es, Director of Community Development; and, Secretary of the Planning Commission P C Resolution No 2024-11 Page 5 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. PLSHV2022-0001 (SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY, AND MAJOR GRADING PERMIT) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, 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 Property Owner 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 2024-11 Page 6 of 10 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 C Resolution No 2024-11 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 §17.56.020(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 Section 17.56.030 of the RPVMC. 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. The silhouette frame may not be removed until the City's appeal process has been exhausted and a final decision has been rendered. The applicant must remove the frame within seven (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 improvements to an existing single-family residence: A. Construct a 742 ft2 one-story addition to an existing 2,533 ft2 one- story residence (garage included) resulting in a new total structure size of 3,275 ft2. B. Construct ancillary site improvements including mechanical equipment, after-the-fact construction including hardscape adjacent to the north side; outdoor BBQ. P C Resolution No 2024-11 Page 8 of 10 C. Demolition of rear deck, outdoor fireplace, existing fence by outdoor fireplace, railroad ties on slope; rear patio hardscape and portions of the front driveway hardscape; portions of the fence in the front and south side; glass guardrail in the rear yard. D. Legalize after-the-fact grading consisting of 39 yd3 of cut and after- the-fact construction of retaining walls up to 3.5 feet along the north side yard of the project site. BUILDING AREA CERTIFICATION REQUIRED for the approved addition shall be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 20. The height of the proposed project shall be as depicted on the stamped approved plans. The proposed project will measure 14.52 feet in height, as measured from the highest existing grade covered by the structure (elev. 90.00 feet) to the highest ridgeline (elev. 104.52 feet); and 15.44 feet, as measured from the lowest finished grade elevation adjacent to the structure (elev. 89.08 feet) to the highest ridgeline (elev. 104.52 feet). BUILDING HEIGHT CERTIFICATION REQUIRED for the approved addition, to be provided by a licensed land surveyor or civil engineer to the City's Building Official prior to roof sheathing inspection. 21. Unless modified by the approval of future planning applications, the approved project shall maintain the following minimum setbacks: front 20.58 feet(east); side 5.15 feet (north); side 5.54 feet (south); rear 371.58 feet (west). BUILDING SETBACK CERTIFICATION REQUIRED for the approved addition, to be provided by a licensed land surveyor or civil engineer to the City's Building Official for review and approval prior to foundation forms inspection and pouring of foundations. 22. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 11.7% lot coverage. 23. 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 zoningdistrict and the most recentlyadopted version of the p California Building Code. PRIOR TO BUILDING PERMIT ISSUANCE 24 PRIOR TO ISSUANCE OF BUILDING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the P C Resolution No 2024-11 Page 9 of 10 City's Geologist. 25. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, whichever occurs first, the Applicant shall obtain approval of the project drainage plan by the City's Public Works Department, if required. 26. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, whichever occurs first, the Applicant shall obtain approval of a haul route from the Director of Public Works, if required. 27. PRIOR TO ISSUANCE OF FINAL BUILDING PERMITS, mechanical equipment manufacturers' specifications shall be provided by the Applicant to demonstrate that the equipment will not generate noise in excess of 65dBA at the property line and Building and Safety to verify installation of approved equipment per site plans at permit final. P C Resolution No 2024-11 Page 10 of 10