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PC RES 2009-018 P.C. RESOLUTION . 2009-18 A RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALPALOS VERDES CONDITIONALLY APPROVING A COASTAL PERMIT, GRADING PERMIT, SITE PLAN REVIEW AND VARIANCE (Z N2008-00397), ALLOWING 311D3 OF GRADING; A NEW 1,026T2 HABITABLE AEA AT THE BASEMENT LEVEL; A 38FT2 ADDITION TO THE MAIN LEVEL; A 10.92" TALL COMBINATION WALL/STAIRWAY; A NEW ENTRY RAMP FOR HEELCHAIR ACCESS; A 5.91' TALL RETAINING ALL IN THE FRONT YARD FOR LIGHT WELLS; A 202FT2 PORCH/DECK TOT E FRONT; A ' TALL LL ALONG THE REAR PROPERTY LINE; ANIS A 146FT2 EXPANSION TO AN EXISTING BALCONY ABOVE THE GARAGE AT 4115 MARTIME ROAD. WHEREAS, on July 23, 2008, the applicant submitted an application requesting approval to excavate 300yd3 to accommodate a 1,026ft2 habitable addition to the basement floor; construct a 38ft2 addition to the main level; allow 11 yd of grading to construct a 10.92' tall combination wall for an entry stairway; construct a new entry ramp for wheel chair access; construct a 5.91' tall retaining wall in the front yard to accommodate light wells; construct a 202ft2 porch/deck to the front; construct a new 6' tall wall along the rear property line and expand the existing balcony above the garage by 146ft2; and WHEREAS, on August 8, 2009, the application was incomplete on due to missing information; and, WHEREAS, on March 30, 2009, the applicant submitted the remaining information and the project was deemed complete on April 20, 2009; 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), the Planning Commission found no evidence that the Coastal Permit, Grading Permit, Site Plan Review and Variance will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice issued on March 30, 2009, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 12, 2009, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project includes 300yd3 to accommodate a 1,026ft2 habitable space addition to the basement floor; a 38ft2 addition to the main level; 11yd3 of grading for a 10.92' tall combination wall for an entry stairway; a new entry ramp for wheel chair access; a 5.91' tall retaining wall in the front yard to accommodate light wells; a 202ft2 P.C. Resolution No. 2009-18 Page 1 of 10 porch/deck to the front; a new 6' tall wall along the rear property line and an expansion to the existing balcony above the garage by 146ft2. Section 2m That the proposed development is consistent with the coastal specific plan. More specifically, within the Coastal Specific Permit, one of the structural design guidelines indicate, "Variants in unit design and massing, and consistent, aesthetic design of units within neighborhood are encouraged" (p. U-71). The new basement area will not add to the existing mass of the structure as it will be located directly beneath the existing main floor and will not expand beyond the existing footprint. As such, there will be minimal aesthetic changes as a result of adding the new basement area. In regards to the stairway, there are currently six homes on Maritime Road with a stairway (direct and indirect) that exceed 42" in height in the front yard. Additionally, there are eight homes on Maritime Road with an existing deck in the front yard that leads to the main entrance of their home. These decks also exceed 42" in height in the front yard. Furthermore, one home on Maritime Road has an existing balcony that encroaches into the front yard setback, similar to the subject residence. The applicant's proposal to minimally expand the existing balcony above the garage and the main floor will not result in a structure that is uncommon on Maritime Road. As such, the proposed project design is consistent in mass and aesthetic design with other existing homes located on Maritime Road. Therefore, the proposed project is consistent with the design guidelines set forth within the coastal specific plan. Section 3o That the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. More specifically, the applicant is not proposing to develop within the street easement or outside of their property. Additionally, most of the proposed project is located below existing grade. As such, the proposed development will not affect any paths, trails, easements or public right-of-ways, identified as access corridors (C-6 & C-7) within the coastal specific plan. Section 4: That the grading does not exceed that which is necessary for the permitted primary use of the lot. More specifically, the proposed project is in a residential (RS- 2) zoning district, in which the primary use of the lot is residential and the proposed grading is to provide additional livable area to the existing residence and for a new entry stairway. Section 5: That the proposed grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties. More specifically, the proposed grading and related construction is primarily to construct a new livable area below the existing residence and to construct minor walls to provide for a new entry stairway. The proposed project does not affect public or private views since the addition is located below grade and the accessory structures do not exceed the height of the existing stairway. Section 6: That the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the applicant is proposing to excavate 300yd3 to create a new livable area below the existing residence. There are no natural contours in the proposed grading area as the building pad itself was created to accommodate the existing structure. The remaining 11yd3 of grading is to fill the area below the new stairway entry. The amount of grading required for the entryway is minimal and it does not significantly disturb the existing contours as it generally follows the existing grade. P.C. Resolution No. 2009-18 Page 2of10 Section 7: That 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 because the proposed project does not involve land sculpturing by means of creating any man-made or manufactured slopes. Section 8: That 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. Section 9: That the grading conforms to the following standards: no grading on slopes that exceed 35% gradient, no finished slopes greater than 35% are proposed; except for the excavation of a basement; and a fill or cut does not exceed 5' in depth at any point. Section 10® That granting of the grading permit for the construction of a retaining wall over 3%' in height within the required front yard setback is consistent with the purposes of the grading permit; will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity; and will not be detrimental to the public safety nor to other property. More specifically, the approval of the proposed retaining wall over 3'/2' in height to accommodate an emergency egress, designed as light wells for the new basement living area will not impair public or private views since it will be located below the existing grade. Additionally, the light wells will be covered by a cast iron cover that can only be opened from inside the light well and therefore will not be accessible to the public. Furthermore, although there are no properties on Maritime Road with a retaining wall within the front yard setback to accommodate a light well for a basement living area, walls exceeding 3'h' in height are common on other properties in the immediate neighborhood. Section 11® That the proposed project is designed in a manner that blends in with the characteristics of the immediate neighborhood. The existing residence has a flat roof, picture windows and a combination of wood clapboard siding, stucco and cement for the exterior finish. The proposed project will use the same materials found in the existing home and there will be no changes to the existing architectural style, roof design, texture, color and building materials. In regards to the new stairway, deck and ramp addition, there are nine homes on Maritime Road with an existing deck within the front yard setback. Additionally, there are six homes along Maritime Road with either a direct or indirect stairway leading up to the main entryway. Also, the proposed 10.92' tall stairway will be less than the existing 11.1' tall stairway. Additionally, there are nine homes with a similar deck in front of their entryway with six homes with a stairway that is similar in height as the proposed stairway. In regards to bulk and mass, the amount of the existing bulk and mass of the subject home will not be significantly increased by the proposed project since the new livable area is located below grade and will not expand beyond the existing building footprint. In regards to size, half the homes in the immediate neighborhood are larger than the average size with the largest residence measuring 3,458ft2. The proposed residence will be relatively the same size as the largest residence and unlike other homes in the neighborhood; the proposed habitable space addition will be located below grade where it will not be visible from public view. In regards to open space, the primary reason for the existing non-conforming open space is due to the private street located on the subject property. However, if the paved private street (Maritime Road) area was excluded from the lot coverage calculation and also deducted from the total lot area, the existing open space of the subject property would be compliant with the minimum required open space of 60% in the RS-2 zoning district. In addition, based on the aerial photos available through the City's GIS program, nearly all of the properties on Maritime Road appear to exceed the minimum required open space of 60% in a RS-2 zoning district and it can be reasonably concluded that the proposed lot P.C. Resolution No. 2009-18 Page 3 of 10 coverage would also be consistent with other properties on Maritime Road. In regards to setbacks, most of the properties in the immediate neighborhood have non-conforming front, side and rear yard setbacks. Although the applicant is proposing to minimally reduce the existing front yard setback, the resulting front yard setback will remain consistent with other properties on Maritime Road as it is within the existing range of the immediate neighbors' front yard setback measurements. Section 12: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically, the properties on Maritime Road were improved and/or structures were moved to the subject lots before the adoption of the Zoning Code and the Coastal Specific Plan. As such, a zoning designation of RS-2 and the placement of the Coastal Setback Line were done without much consideration of the existing properties, creating non-conformities on nearly every lot along Maritime Road. More than % of the 20-closest properties currently have non-conforming front yard, side yard and/or rear yard setbacks. This is not common in newer subdivisions within the City. The main reason for the proposed reduced front yard setback is due to the layout and topography of the subject property. The building pad is located significantly higher than the street, requiring a primary access that would be higher than 30" in height. Any structure over 30" in height is subject to the Code required setbacks and lot coverage. As such, any changes to the primary entryway to the subject lot would reduce existing setbacks and lot coverage. Additionally, given that the proposed setback reduction is for an entryway, there is no other area on the subject property except the front yard for the entry stairway and deck proposal. The enlarged deck is necessary given that the applicant is proposing a wheelchair ramp and the current stairway landing near the entry door is not large enough to accommodate a wheelchair. In regards to lot coverage, unlike most properties within other subdivisions within the City, each property on Maritime Road has a private street (Maritime Road) easement on their property. This private street easement makes up approximately a third to a fifth of an entire parcel. Given that the Code defines `Lot Coverage' to include driveways, in which staff has interpreted to include a paved private or public street within an easement on a private property, most of the properties located on Maritime Road exceed the maximum allowed lot coverage of 40% in an RS-2 zoning district. However, should the lot coverage be calculated excluding the private street in its entirety, the proposed accommodation for a new wheelchair-friendly entry access would be in compliance with the maximum allowed lot coverage of 40% within an RS-2 zoning district as it would have a lot coverage of 33%. Most of the properties located on the east side of Maritime Road have building pads that are higher than the street elevation. As such, many of the existing homes are on raised foundations with stairways ascending from the street level to the entrance. These stairways and attached decks serve as the primary access to these homes. Given the topographic nature of these properties, a stairway or a deck exceeding 42" is necessary to access the homes. It should be noted that the proposed 10.92' tall stairway with an attached deck would be slightly shorter than the existing 11.1' tall stairway. Staff feels that the topographical nature of the subject home being located significantly higher than the street elevation requires an entry access that is taller than 42" in height. This is a unique necessity that is not common within other properties in the same zoning district. Pursuant to RPVMC §17.72.040(0), one minor addition less than 250f? is allowed to each residence that is partially or totally within the Coastal Setback Zone. Any additions exceeding 250ft2 would require a Variance. Other properties outside of the Coastal Setback P.C. Resolution No. 2009-18 Page 4 of 10 Zone but within the same RS-2 zoning district are not restricted on the size of an addition nor would it require a Variance for a substantially larger addition. Additionally, unlike a typical addition to the existing residence at the same elevation or through a creation of a higher story, the applicant is proposing an addition that is mostly subterranean. Visually, there would be no substantial change from the existing home to the proposed home with the basement addition. Also, the addition of a new floor area to the basement level would be less intrusive than a 250ft2 addition to the main level. It should be emphasized that only 38ft2 will be above grade and the remainder will be below grade without expanding the existing building footprint. Section 13: That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. Most of the properties on Maritime Road have non-conforming front, side and rear yard setbacks. The proposed 5.7' reduction to the subject property's front yard setback will remain consistent with the front yard setbacks on other neighboring properties. The private street easement (Maritime Road) takes up a substantial portion of each lot located on Maritime Road resulting in a non-conforming lot coverage for nearly all properties along this street. As such, for all properties along Maritime Road, a Variance would be required for any future addition that would increase the existing lot coverage. The proposed new stairway and entry deck would replace the existing 11.1' tall stairway within the front yard setback. It should be noted that the proposed project is similar to stairways and decks that already exist on nearly half of the neighboring properties. In the past, the City has approved Variance applications allowing an addition over 250ft2 to residences within the Coastal Setback Zone. For example, two properties on Spindrift Drive in the same RS-2 zoning district, located less than half a mile west from Maritime Road obtained Variances to allow additions that exceeded 250ft2, up to 1,045ft2 for an existing second floor and a new third floor. Unlike these approved additions on Spindrift Drive that involved an increase to the number of stories, the proposed addition will be mostly subterranean and will not expand beyond the existing building footprint. Section 14. That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. More specifically, reducing the existing non-conforming setback by an additional 5.7' will remain consistent with other front yard setbacks on other properties in the immediate neighborhood and will not be detrimental to the public welfare or injurious to property and improvements in the immediate area because it will not significantly affect nor depart form the appearance of other front yard areas in the neighborhood. The 3% increase to the non-conforming lot coverage results from the proposed entry deck in the front yard. It should be emphasized that the non-conforming lot coverage is primarily due to the private street easement (Maritime Road) that takes up nearly 30% of the entire lot area. If the private street (Maritime Road) were excluded from the lot coverage calculation, the proposed project would comply with the maximum allowed lot coverage of 40% in a RS-2 zoning district. Additionally, given that nearly all of the properties in the neighborhood appear to exceed the 40% lot coverage restriction as evidenced in the City's aerial photos and there are ascending stairways and decks within the front yard setback area, granting the Variance would not be detrimental to the public welfare or injurious to property and P.C. Resolution No. 2009-18 Page 5 of 10 improvements in the immediate area because it will not significantly affect nor depart from the appearance of other front yard areas in the neighborhood. The proposed 10.92' tall stairway and entry deck with a guardrail will replace an exiting 11.1' tall existing stairway. The reconfigured entryway reduces the intensity of the existing non- conforming height and would not be detrimental to the public welfare or injurious to property and improvements in the immediate area since the proposed project is no different than the existing decks, stairways, balconies and walls that exceed 42" in height in the front yard setback of other neighboring properties and thereby will not significantly affect nor depart from the appearance of other front yard areas in the neighborhood. Nearly the entire proposed addition is located at a basement level where it will not be visible to public. Since the addition will be located below grade, there will be no substantial aesthetic change to the existing residence. As such, the proposed addition will not be detrimental to the public welfare or injurious to property and improvements in the immediate area because there will be no substantial visual difference between existing conditions and proposed conditions. Section 15: That granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan. The Urban Environment Policy No. 3 (General Plan, page 78) calls upon the city to "Encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The proposed reduction in setback, lot coverage and walls over 42" in height within the front yard setback is due to a request to construct a new stairway and attached deck to replace the existing stairway. The existing 11.1' tall entry stairway will be replaced by a 10.92' tall reconfigured stairway, deck and wheelchair ramp. It should be noted that 3.5' of the proposed stairway would be composed of an open fence guardrail and not a wall. Given that this stairway is the primary access to the residence, constructing a ramp and a landing immediately in front of the entry doorway by means of a new deck creates a larger and safer wheelchair-friendly entry area. Furthermore, the applicant is not proposing any structures beyond what currently exists on other properties. As such, reconstructing an existing primary access to the residence would only improve the subject residence and its neighborhood and thereby be consistent with the objectives with the General Plan and Coastal Specific Plan. In regards to the habitable space addition exceeding 250fta in size, the new livable area will be located below grade where it would not be visible from public view. Improving an old residential structure through remodeling and expanding without significantly affecting the visual character of the neighborhood would increase the quality and design of the structure, site and the surrounding neighborhood and thereby are consistent with the General Plan and the Coastal Specific Plan. Section 16: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, May 27, 2009. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on May 27, 2009. Section 17., 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 Coastal Permit, Grading Permit, Site Plan Review and Variance to excavate 300yd3 for a 1,026ft2 P.C. Resolution No. 2009-18 Page 6 of 10 habitable space addition to the basement floor; construct a 38ft2 addition to the main level; allow 11yd3 of grading to construct 10.92' tall combination wall for an entry stairway; construct a new entry ramp for wheel chair access; construct a 5.91' tall retaining wall in the front yard to accommodate light wells; construct a 202ft2 porch/deck to the front; construct a new 6' tall wall along the rear property line and expand the existing balcony above the garage by 146ft2 (ZON2008-00397) to property located at 4115 Maritime Road. PASSED, APPROVED AND ADOPTED this 12`h day of May 2009, by the following vote: AYES: Commissioner Knight, Perestam, Ruttenberg, Tetreault, Vice Chairman Gerstner, Chairman Lewis NOES: None ABSTENTIONS: None RECUSALS: Nobe ABSENT: Commissioner Tomblin 6ffrey Lewi Chairman Joel RojasVnfo I P Director ofa ing, B it ng and Code cement; and, Secretary of a Planning Commission P.C. Resolution No. 2009- 18 Page 7 of 10 EXHIBIT 'A CONDITIONS OF APPROVAL FOR CASE NO. Z N2008-00397 4115 MARITIME ROAD 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 contained in this Resolution. 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 Director of Planning, Building and Code Enforcement 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 by the final body that approved the original project, which may 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 year of the final effective date of this Resolution, 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. 8. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. 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. P.C. Resolution No. 2009-18 Page 8 of 10 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 Resolution. 11. 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. 12. 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. 13. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 59% lot coverage and the following setbacks (measured from the private street easement line)from the applicable property lines: Front 0 feet (from the edge of the street easement) Side 5-7" feet Rear 5'-7'h" feet SETBACK 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 THE POURING OF FOUNDATIONS. 14. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7'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 illumination of a parcel of property or properties other than that upon which such light source is physically located. 16. All grading, 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. P.C. Resolution No. 2009-18 Page 9 of 10 18. 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 Uniform Building Code. Proiect Specific Conditions: 19. The approval allows the following: i. 300yd3 of excavation below the existing residence to accommodate a new 1,026ft2 living area to the basement level; ii. 38ft2 addition to the main level; iii. 11yd3 of cut and fill beneath the entry stairway; iv. Entry stairway wall measuring 10.92' in height maximum; v. New on-grade entry ramp in the front yard; vi. 5.91' tall retaining wall in the front yard to accommodate light wells; vii. 202ft2 porch/deck to the front; viii. New 6' tall wall along the rear property line; and ix. 146ft2 expansion to the existing balcony over the garage. 20. The light wells shall be covered by a black cast iron grate; flush mounted to the new ramp/entry and shall only be accessible from the new basement floor. The light well cover shall be consistent with the Building Code requirements. 21. No changes shall be made to the existing height envelope of 12.08', as measured from existing grade at the highest elevation of the existing building pad area covered by the structure to the ridgeline; and 17.88', as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline. P.C. Resolution No. 2009-18 Page 10 of 10