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PC RES 2009-042 P.C. RESOLUTION NO. 2009-42 RESOLUTION F THE PLANNING COMMISSIONF THE CITY OF RANCHO PALOS VERDES VERDECONDITIONALLY APPROVING HEIGHT VARIATION N IN EXCEPTION PERMIT F R THE CONSTRUCTION OF A NEW SQUARE FOOT FIRST-FLOOR ITI 1,289 SQUARE FOOT SECOND-STORY ADDITION WITH A 4'®9"SOUTH SIDE YAR SETBACK, T N EXISITNG 1,78$ SQUARE FOOT RESIDENCE (PLANNING CASE . Z 20 9- 048) LOCATED T 28614 MOUNT HOOD COURT. WHEREAS, on February 4, 2009, the property owner, Mr.Alen Bilan, submitted a Height Variation and Minor Exception Permit application to the Planning, Building and Code Enforcement Department for review and processing requesting approval to construct a new 50 square foot addition to the front of the existing residence and a new 1,310 square foot second story addition, with a non-conforming 4'-9" south side yard setback, to an existing single-story residence with an overall height of 23'-9". On February 26, 2009, 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, Staff deemed the application complete on May 26, 2009; and, WHEREAS, on June 1, 2009, Staff mailed notices to 104 property owners within a 500- foot radius from the subject property, providing a 30-day time period for the submittal of comments and concerns. In addition, a Public Notice was published in the Peninsula News on June 4, 2009; and, WHEREAS, in response to the public notice, Staff was contacted by a neighbor who cited view impairment concerns with the proposed project. Staff verified that the neighbor's view would be significantly impaired by the proposed project and informed the applicant of this circumstance. In response, the applicant requested that the item be continued to allow them to consider a redesign of the project. Given the applicant's attempt to address the neighbor's view impairment, at the July 14, 2009 public hearing, Staff recommended continuance of the public hearing to August 25, 2009; and, WHEREAS, on July 14, 2009, the Planning Commission continued the public hearing to August 25, 2009, at the request of the Applicant; and, WHEREAS, prior to the August 25, 2009 Planning Commission meeting, the Applicant notified Staff that he was unable to complete the revised plans and construct a new silhouette in time for the August meeting and subsequently requested that the Planning Commission allow for additional time to complete the revised design and construct a new silhouette; and, WHEREAS, on August 25, 2009, the Planning Commission continued the public hearing to September 22, 2009, at the request of the Applicant; and, WHEREAS, pursuantto 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 September 22, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 22, 2009, the Planning Commission opened the public hearing, received public testimony, and discussed the proposed project. Based upon concerns regarding bulk and mass of the two-story facade along the south side of the residence, the Planning Commission continued the public hearing to October 13, 2009 to allow the Applicant additional time to redesign the project ; 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 October 13, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of factwith respect to the application for a Height Variation to allow the construction of a 1,289 square foot second- floor addition to the existing 1,788 square foot single-story residence and 50 square foot first- floor addition: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 63% of the property owners within a 500-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 P.C. Resolution No. 2009-42 Page 2 of 7 Municipal Code. D. The Height Variation is warranted because the second-floor addition that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair views of the Vincent Thomas Bridge or San Pedro Harbor from the viewing area of another parcel due to the design of the proposed addition with an overall height of 20'-6" and a 2:12, low-pitched roof. 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. Specifically, the home to the east is currently developed as a two-story residence and has a high-pitched roof approximately 20'-0" in height at the highest ridgeline. The proposed addition would not create any cumulative impacts as the adjacent homes are already developed as two-story or over 16'-0" in height. Further, the majority of the homes in the neighborhood exist as two-story residences and the proposed project does not further impair views of the Vincent Thomas Bridge or San Pedro harbor. F. With the exception of a 4'-9" non-conforming south side yard setback, the proposed structure complies with all other Code requirements, including the RS-4 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, with the exception of the existing 4'-9" legal, non-conforming south side yard setback, are consistent with those of the surrounding properties. The architectural style of the proposed residence would maintain the architectural style found in the immediate neighborhood. H. The Height Variation is warranted since the new residence, as conditioned, would not create an unreasonable infringement of the privacy of the occupants of abutting residences as the second story windows along the north and south facing facades are conditioned to be fixed and opaque. action 2: With respect to the Minor Exception Permit to allow the existing legal, non- conforming 4'-9" south side yard setback to be maintained for the second-floor addition, approval of the Minor Exception Permit is warranted because the applicant would incur practical difficulties if required to design and construct a second floor addition with a 5'-0" setback when the existing residence has a 4'-9" setback, and an unnecessary hardship if required to make the entire residence meet the 5'-0" side yard setback requirement. P.C. Resolution No. 2009-42 Page 3 of 7 Section 3: 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 October 13, 2009, the date of the Planning Commission's final action. Section 4: 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 and Minor Exception Permit(Planning Case No. ZON2009-00048)for the construction of a new 1,289 square foot second-floor addition, with a 4'-9" non-conforming south side yard setback, located at 28614 Mount Hood Court, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 14th day of October 2009, by the following vote: AYES: Commissioners Knight, Perestam, :Tetrault, Tomblin, Vice Chairman Gerstner Chairman Lewis s NOES: None ABSTENTIONS: None ABSENT: Commissioner R ttenberg e Is Chai n Joel Ras AICD Directo o Plan in , Building and Co Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2009-42 Page 4 of 7 EX I IT o CONDITIONS P L FOR PLANNING CASE NO. N2 9- 0048 (11311an, 28614 Mount Hood Court) 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. 2009-42 Page 5 of 7 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 50% lot coverage (40.6% proposed) and the following setbacks from the applicable property lines: Front 20 feet(19'-9"existing, no change) Second Story 25 feet(33'-0"proposed) South Side 4'-9"feet(4'-9"existing and proposed) North Side 5 feet(9'-8"existing, no change) Rear 15 feet(33'-2"existing, no change) 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 project includes the construction of a 3-car garage. 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. 2009-42 Page 6 of 7 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 1,289 square foot second-floor addition and a 50 square foot first floor addition. The overall square footage of the residence and garage would be 3,117 square feet. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED IVIL ENGINEER OR SURVEYORSHALL PREPARE THE CERTIFICATION. CERTIFICATION HALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEWAPPROVAL PRIOR TO BULDINGIT FINAL. 19. The new residence shall maintain a maximum height of 20'-6", as measured from the lowest finished grade adjacent to the building foundation/slab. BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER SURVEYOR SHALL P P THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR T ROOF FRAMING/SHEETING INSPECTION. 20. All windows along the north and south facing facades of the second story addition shall be fixed and opaque. 21. The first 12'-11" of the second story, along the south fagade, shall be setback a minimum 2'-0" from the first floor and a minimum of 6'-9" from the south property line. SETBACK CERTIFICATIONIS REQUIRED. A LICENSED CIVIL ENGINEER R SURVEYOR SHALL PREPARE THE CERTIFICATION. E TIFIC TI HALL BE SUBMITTED TO THE CITY'S UIL IOFFICIAL FOR REVIEW APPROVALAND PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 22. Other than the required spark arrestors, there shall not be any decorative/architectural features on the tops of the chimneys. Since a spark arrestor is required for every chimney, the spark arrestor shall be considered part of the chimney. Therefore, the proposed chimneys shall not be any higher than the minimum height required by the Uniform Building Code. The spark arrestors on the chimneys shall be the shortest spark arrestor required by the manufacturers specifications for the type of fireplace installed. P.C. Resolution No. 2009-42 Page 7 of 7