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CC RES 2011-021 RESOLUTION NO. 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE, WITH CONDITIONS, SITE PLAN REVIEW AND EXTREME SLOPE PERMIT CASE NO. ZON2009-00108 FOR THE CONSTRUCTION OF A 512 SQUARE FOOT UPPER LEVEL ADDITION, 1,092 SQUARE FOOT ENTRY LEVEL ADDITION 501 SQUARE FOOT LOWER LEVEL ADDITION, AND NEW DECK, A PORTION OF WHICH EXTENDS BEYOND THE TOP OF AN EXTREME SLOPE, ON A PROPERTY LOCATED AT 21 CAYUSE LANE. WHEREAS, on March 24, 2009, the applicant formally submitted Site Plan Review and Extreme Slope Permit requesting approval to construct 2,105 square feet of additional area to the existing hillside residence and new deck, a portion of which would extend beyond the top of an extreme slope; and, WHEREAS, on April 16, 2009, April 20, 2009, July 12, 2010 and on September 7, 2010, the applicant submitted revisions; and, WHEREAS, upon submittal of the required information, construction of the temporary silhouette and submittal of the silhouette certification form, the case was deemed complete by Staff on September 14, 2010. Subsequently, a notice of application was mailed to 60 property owners within a 500' radius of the subject site and the notice was published in the Palos Verdes Peninsula News on September 23, 2010; and, WHEREAS, on November 11, 2010, the project applicant granted a one-time 90-day extension to the Permit Streamlining Act to allow staff additional time to assess the project in response to certain comment letters received from Rose Marie Di Santo and Hazel Di Santo; and, WHEREAS, the proposed project is exempt from the provisions of the California Environmental Quality Act(CEQA), under Article 19, Section 15303(e)(2)(additions)of the California Guidelines for Implementation of the CEQA. Specifically,the project includes the minor addition and alteration to an existing structure that will not result in a structure that exceeds 10,000 square feet. Further, the project is in an area where all public services and facilities are available and the project is not located in an environmentally sensitive area. As such, this project has been determined not to have a significant impact on the environment; and, WHEREAS, on November 29, 2010, the Community Development Director reviewed and approved Case No. ZON2009-00108, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on December 13, 2010, within fifteen (15)days following the Director's Notice of Decision, an attorney representing Rose Marie and Hazel Di Santo (hereinafter referred to as Appellants), filed an appeal to the Planning Commission requesting that the Planning Commission overturn the Director's approval of Case No. ZON2009-00108; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 8, 2011, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, following the conclusion of the public hearing, the Planning Commission upheld the Director's decision; and, WHEREAS, on March 23, 2011, within fifteen (15) days following the Planning Commission's Notice of Decision, an attorney representing Rose Marie and Hazel Di Santo (hereinafter referred to as Appellants), filed an appeal to the City Council requesting that the City Council overturn the Planning Commission's approval of Case No. ZON2009- 00108; and, WHEREAS, the City Council held a duly noticed public hearing on April 19, 2011, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council determines that the subject property, 21 Cayuse Lane, is a"sloping" lot whereby a primary residential structure is permitted to measure 16'- 0" in height, as measured from the average elevation of the setback line abutting the street of access to the highest point of the structure, and 30'-0" in height, as measured from the lowest foundation adjacent to the structure to the highest point of the structure through review and approval of a Site Plan Review Permit. The subject property is not considered a "pad" lot, which is defined to be a lot with a "building pad", due to the fact that the existing residence is developed as a split-level home and is located on a gradual slope that exceeds a 5% gradient. Furthermore, a "building pad" is defined as "any portion of a lot with a slope of five percent or less that exists naturally or has been graded to form a contiguous level area to accommodate a main building." Due to the fact that the existing structure was developed as a split level home on a sloping lot and the proposed additions will be constructed within the allowed 16'/30' building envelope for"sloping" lots, a Height Variation Permit with a required view impact analysis is not applicable. Section 2: The City Council determines that a 12" diameter view-impairing tree located on the south eastern slope at 21 Cayuse Lane was removed in February 2011 and does not require further consideration. Section 3: The City Council determines that the subject property is located within the RS-2 Zoning District, whereby the maximum allowable lot coverage is 40%. Including the square footage of the new building footprint (3,012 square feet) and the driveway and impervious surface areas (3,642 square feet), the total lot coverage for the property would Resolution No. 2011-21 Page 2 of 5 be 6,654 square feet, or 33% of the 20,012 square foot sloping lot. As such, the proposed project complies with the allowable lot coverage in the RS-2 Zoning District. Section 4: The City Council determines that the proposed project would not require review and approval of a Grading Permit due to the fact that the proposed quantity of grading is 18 cubic yards. According to Section 17.76.040(C) of the Municipal Code, a Grading Permit is only required for foundations/caissons that exceed 10 feet in depth, grading that exceeds 20 cubic yards of cut and/or fill and grading that exceeds a depth of 3'-0". The majority of the proposed additions are proposed to be located on a level portion or a raised foundation and would not require grading beyond what is necessary for the excavation of the foundation. Furthermore,with regard to soil stability,the Applicant will be required to submit a geology report upon submittal into Building and Safety Plan Check to ensure that the addition will not create a geologic hazard. Section 5: The City Council determines that the Site Plan Review to allow the new addition and other ancillary site improvements is approved subject to the conditions of approval which are attached hereto as Exhibit"A"and incorporated herein by this reference because: A. The proposed residence and resulting appearance will not significantly change the appearance of the immediate neighborhood, and the residence will be compatible with the immediate neighborhood. The proposed additions and residence will comply with the development code standards for sloping lots and will be constructed within the 16'/30' building envelope. The proposed additions will not be accessed by any easements located along the east side of the property. The architectural style, roofing material, exterior finishes, and building materials will be consistent with other homes in the neighborhood.Although the resulting 5,440 square foot residence will be 2,159 square feet greater than the neighborhood average, the size of the proposed residence is found to be within the range of the homes in the immediate neighborhood, which range from 2,351 square feet to 5,529 square feet. Further, the single-story configuration of the proposed residence as seen from the street mitigates the potential concern for creating a bulky and massive appearance. Lastly, the building setbacks from the corresponding property lines are found to be comparable with the residences found in the immediate neighborhood,with a 15'-0" north side yard setback and 35'-0" south side yard setback. Section 6: The City Council determines that the Extreme Slope Permit to allow deck, a portion of which extends beyond the top of an extreme slope is approved subject to the conditions of approval, which are attached hereto as Exhibit "A" and incorporated herein by this reference because: A. The site cannot reasonably accommodate the deck except on an extreme slope. The proposed deck is intended to be used as an outdoor eating and barbecue area adjacent to the kitchen. Although there are other areas on the site that could accommodate a table and portable barbecue, those areas are far from the kitchen and are located on the lower floor area. Proximity to the kitchen is important for transporting food back and forth, and there is no other location on site that offers Resolution No. 2011-21 Page 3 of 5 that proximity. Additionally, decks that extend over extreme slopes are common in the surrounding hillside neighborhood. If the applicant reduced the size of the deck so that no portions of the deck could extend beyond the top of the previously existing extreme slope, the deck would only be 5'-0"to 7'-0"feet wide and could not reasonably accommodate an outside table. Furthermore, there is an existing deck located in the same area whereby a portion of the deck will be removed for the construction of the kitchen. B. Granting the Extreme Slope Permit for the new deck will not result in any significant adverse effect on neighboring properties, including view impairment, visual impact, slope instability, increased runoff and other adverse impacts. As part of the building and safety review of the deck and associated supporting walls, the applicant will need to obtain approval from the City's Geologist ensuring that the new deck and support walls will not create a negative geological impact to the area. Additionally, the applicant will need to satisfy the City's Building Official ensuring that the deck has been engineered and constructed in a manner that meets the requirements of the Building Code. Further, in addition to the structural aspects of the deck, Staff conducted a view and visual analysis of the proposed deck, and concluded that the deck would have no adverse impact to views as seen from neighboring properties. The deck will not be easily visible from other properties due to the topography in the surrounding neighborhood and existing foliage on the subject property that obstructs visibility of the deck. C. Granting the Extreme Slope Permit will not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed deck would only potentially affect the property to the north, at 28438 Cayuse Lane. The residential pad for the neighbors property is over 30 feet below the subject property.Although a portion of the neighbors rear yard and spa will be more visible from the northeast portion of the proposed deck, the views into the neighbor's property will be no more of an infringement than existing views into the neighbor's yard from other areas of the subject residence. In fact, the views from the proposed deck into the neighbor's backyard will be less of an infringement than views from the existing living room and deck off the rear of the subject house. D. Any disturbance of the slope will be insignificant. The foundation of the proposed deck would be located at the top of the extreme slope. Furthermore, the construction associated with the deck and support walls will be required to be reviewed by the City Geologist and Building Official. E. Granting the Extreme Slope Permit is consistent with the General Plan, Coastal Specific Plan or any other application plan. According to the General Plan, "Itis the goal of the City of Rancho Palos Verdes to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community." Through the approval of an Extreme Slope Permit for the proposed deck, the project will adequately serve the needs of the property owner by allowing Resolution No.2011-21 Page 4 of 5 him/her to have a sufficient, functional, useable and adequate access to outdoor eating area from the kitchen area of the home.Additionally,the project will not have a negative impact to the visual character and physical quality of the existing neighborhood. Section 7: The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. PASSED, APPROVED, AND ADOPTED this 19th day of A p • ell. Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City or Rancho Palos Verdes ) I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2011-21 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 19, 2011. a, City Clerk Resolution No. 2011-21 Page 5 of 5 Exhibit "A" Conditions of Approval Case No. ZON2009-00108 (Site Plan Review and Extreme Slope Permit General Conditions 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 3. 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 shall apply. 4. This approval is for the construction of 512 square feet to the upper level of the home, 1,092 square feet to the entry level of the home and 501 square feet to the lower level of the home. The project also includes the construction of two new decks along the north side of the residence whereby 74 square feet of the deck adjacent to the new kitchen would extend a maximum of 5 feet beyond the top of an extreme slope. The Community Development Director 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. Otherwise, any substantive change to the project shall require approval of a revision to the Site Plan Review and Extreme Slope Permit Case No. ZON2009-00108 by the Director and shall require new and separate environmental review. 5. 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 City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. 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 Section 17.86.060 of the City's Municipal Code. 7. 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 Section 17.86.070 of the City's Municipal Code within one hundred eighty days (180) of the final effective date of the 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 Director and approved by the Director. 8. 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. 9. 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 the Notice of Decision. 10. 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. 11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 12. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (29.2% proposed) and the following setbacks from the applicable property lines: Front 20 feet(20 feet proposed) Side 5 feet(5 feet proposed) Rear 15 feet (70+ feet proposed) 13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 14. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance. 15. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct Resolution No. 2011-21 Exhibit A Page 2 of 3 illumination of a parcel of property or properties other than that upon which such light source is physically located. 16. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 17. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. 18. The proposed addition shall not exceed 16' in height, as measured from the average elevation of the front setback line (84 feet) to the top of the highest ridgeline and 30' as measure from the lowest adjacent grade to the top of the highest ridgeline. Specifically, the proposed addition will result in a maximum height of 10'-11" as measured from the average elevation of the setback line covered by the structure (84.22') to the highest ridgeline (95.14') and 30'-0" as measured from the lowest grade covered by structure (65.14') to the top of the highest ridgeline (95.14'). BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 19. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. Extreme Slope Permit 20. The deck shall not extend more than a maximum of 5'-0" beyond the top of the extreme slope (greater than 35% slope). Resolution No. 2011-21 Exhibit A Page 3 of 3