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PC RES 2007-065 P.C. E LUTI 2007-65 - RESOLUTION THE PLANNING COMMISSION F THE CITY OF RANCHO PALPALOS VERDES CONDITIONALLY APPROVING HEIGHT VARIATION, (PLANNING CAS ® Z 2007-0 349) FOR THE CONSTRUCTION OF 1,034 SQUARE T 1ST-STORY ADDITION AND A 1,47 SQUAREFOOT2"D-STORY DDITION TO THE EXISITN SINGLE-STORY SIDE CE, WHERE THE EXISTING 47 SQUARE FOOT GARAGE WOULDCONVERTED INTO HABITALBE AREA AND A NEW720 SQUARE FOOT, 3-CAR GARAGEUL E CONSTRUCTED LOCATED T DIAMONTE LANE. WHEREAS, on July 25, 2007, the property owners, Bjorn and Jeanette Borgen, submitted applications for Planning Case No.ZON2007-00349 for a Height Variation to allow a new 2-story addition to be constructed at the rear of the existing single-story residence. On July 30, 2007, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, on October 6,2007,the application for Planning Case No. ZON2007-00349 was deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code 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, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the approval of the requested Height Variation would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)(2)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on November 13, 2007, 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 Planning Commission makes the following findings of fact with respect to the application for a Height Variation to allow the construction of a 1,034 square foot first-story addition and a 1,470 square foot second-story addition to the existing 3,099.25 square foot, single-story residence: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 26% of the property owners within a 500-foot radius of the subject property and 100% of the property owners within a 100-foot radius of the subject property. B. The Height Variation is warranted since the proposed two-story residence that exceeds sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways,walkways or equestrian trails),which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. Specifically, due to the location of the property and the topography in the immediate area,the proposed structure is not visible from a public viewing area or viewing site and will therefore, not impair a view. C. The Height Variation is warranted since the proposed two-story addition that exceeds sixteen feet in height is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential neighborhood, on an existing pad lot. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage,does not significantly impair a view from the viewing area of another parcel due to the topography, surrounding land uses, location of the twastory addition, and views of the San Pedro harbor and coastline oriented to the southeast. E. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Due to the topography and physical development in the area portions of structure that exceed 16'-0" in height do not create view impairment and do not contribute towards cumulative view impairment. F. The proposed structure complies with all other Code requirements, including the RS-2 zoning district development standards with respect to lot coverage and setbacks,and the off-street parking requirements for single-family residences. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass.The square footage, proposed lot coverage and setbacks are consistent with those of the surrounding properties.The architectural style of the proposed addition would maintain the architectural style found in the immediate neighborhood as well as the existing residence while the gracious second-story setbacks would minimize the bulk and mass, of the new residence. H. The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. As conditioned, clerestory windows will be required along the south side of the second-floor. Further,the proposed 250 square foot second- P.C. Resolution No. 2007-65 Page 2 of 6 floor balcony does not result in privacy impacts due to the large setback between the north side property line and the neighboring properties to the north. As such, the proposed addition would not result in an unreasonable infringement of privacy of the occupants of abutting residences. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (115)days following November 13, 2007, the date of the Planning Commission's final action. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height Variation(Planning Case No. ZON2007-00349)for the construction of a new 1,034 square foot first-story addition and a 1,470 square foot second-story addition to the existing single-story residence, where the existing 473 square foot garage would be converted into habitable area and a new 720 square foot , 3-car garage would be constructed, located at 5 Diamonte Lane, subject to the conditions of approval in the attached Exhibit 'A' PASSED,APPROVED,AND ADOPTED this-th day of November 2007, by the following vote: AYES: Commissioners Karp, Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman Perestam, Chairman Gerstner NOES: ABSTENTIONS: ABSENT: t 1/13/U7 Bill Gerstner Chairman JoelAICP Dire Plannin auilding and Enforcement; and, 0 1 Secretary to the Planning Commission P.C. Resolution No. 2007-65 Page 3 of 6 floor balcony does not result in privacy impacts due to the Targe setback between the north side property line and the neighboring properties to the north. As such, the proposed addition would not result in an unreasonable infringement of privacy of the occupants of abutting residences. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following November 13, 2007, the date of the Planning Commission's final action. Section 5: 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 conditionally approves a Height Variation (Planning Case No. ZON2007-00349) for the construction of a new 1,034 square foot first -story addition and a 1,470 square foot second -story addition to the existing single -story residence, where the existing 473 square foot garage would be converted into habitable area and a new 720 square foot , 3 -car garage would be constructed, located at 5 Diamonte Lane, subject to the conditions of approval in the attached Exhibit 'A! PASSED, APPROVED, AND ADOPTED this ath day of November 2007, by the following vote: AYES: Commissioners Karp, Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman Perestam, Chairman Gerstner NOES: ABSTENTIONS: ABSENT: Joel ' . a •, AICP Dire for • Planninuilding and o • - Enforcement; and, Secretary to the Planning Commission .7,221347 Bill Gerstner Chairman P.C. Resolution No. 2007-65 Page 3 of 6 EXHIBIT 'A' CONDITIONS OFAP AL FOR PLANNING CASE NO. ZON2007-00349 (Borgen, 5 Diamonte Lane) 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. 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. 5. 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. 6. 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 year 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 Department of Planning, Building and Code Enforcement and approved by the Director. 7. 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. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the P.C. Resolution No. 2007-65 Page 4 of 6 effective date of the Notice of Decision. 9. 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. 10. 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. 11. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 52% lot coverage (47.46% proposed) and the following setbacks from the applicable property lines: Front 20 feet (115'6"proposed to the new 2-story addition) Side 5 feet (59'-4"proposed for the north side yard to the 2-story addition & 10'O" proposed for the south side yard to the2-story addition) Rear 15 feet(35'-0"proposed to the new 2-story addition) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. A minimum 2-car garage shall be provided, 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.The application included the construction of a 3-car garage with the 32'-0" in width and 22'-6" in depth. 14. 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 illumination of a parcel of property or properties other than that upon which such light source is physically located. 15. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 16. 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 P.C. Resolution No. 2007-65 Page 5 of 6 the surrounding property owners. 17. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. Height Variation Conditions: 18. This approval is for the construction of a 1,034 square foot Ist-story addition and a 1,470 square foot 2nd-story addition to the existing single-story residence. The existing 473 square foot garage would be converted into habitable area and a new 720 square foot garage would be constructed. The overall square footage of the residence and garage would be 6,076.25 BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTEDTO THE CITY'S BULDING OFFICIALFOR REVIEW AND APPROVAL PRIOR TO BULNG PERMIT FINAL. 19. The new residence shall maintain a maximum height of 24'-51/2", as measured from the lowest finished grade adjacent to the building foundation/slab(elev. 176.3)to the highest ridgeline of the residence (elev. 200.75'), and 20'-43/", as measured from the highest elevation of the existing building pad covered by the structure (elev. 180.36') to the highest ridgeline of the residence(elev.200.75'). 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. 20. Obscured windows shall be provided along the southwest side of the second story addition. Subject to review and approval by the Director of Planning, Building and Code Enforcement, prior to issuance of Building Permits the plans shall reflect that the windows located in along the southwest side of the 2nd story addition shall be obscured. 21. Prior to issuance of Building Permits,the property owner shall remove the following trees located on the property: a. Remove the two (2) large pine trees located within the front yard of the subject property b. Remove, or trim and maintain at a maximum height of 16 feet, the California Pepper tree located within the front yard of the subject property P.C. Resolution No. 2007-65 Page 6 of 6