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PC RES 2010-001 P.C. RESOLUTION NO. 2010-01 A RESOLUTION OFT E PLANNING COMMISSION OF THE CITY OF RANCHO P L S VERDES CONDITIONALLYVERDE APPROVING A HEIGHT VARIATION, I EXCEPTION PERMIT AND SITEPLAN REVIEW (PLANNING CASE NO. 20 9- 149) FOR THE CONSTRUCTION OF 436-SQUARE-FOOT 1ST- AND 2 NI-FLOOR ADDITIONSD A 99- SQUARE-FOOT 2 N'-FLOOR ROOF DECK FOR AN EXISTING, 1-ST Y SINGLE-FAMILY RE i E CE, AND THE REDUCTION OF THE REQUIRED 25-FOOT BACK-UP AREA BETWEEN THE EXISTING DETACHED GARAGE AND THE PROPOSED I IT-FLOOR ADDITION TO 23'49, LOCATED AT 4319 PALOS VERDES DRIVE SOUTH WHEREAS, on April 24, 2009, the applicants, Frank and Robin Stirling, submitted an application for Planning Case No. ZON2009-00149 for a Height Variation, Minor Exception Permit and Site Plan Review to allover the construction of 1-and 2-story additions to an existing, 1-story single-family residence on Palos Verdes Drive South in the Seaview community; and, WHEREAS, on October 19, 2009,the application for Planning Case No. ZON2009- 00149 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 denial of the requested Height Variation, Minor Exception Permit and Site Plan Review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301); 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 24, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on November 24, 2009, the Planning Commission reviewed the applicant's initial proposal for 472-square-foot 1 st-and 2nd-floor additions and the reduction of the 25-foot back-up/turnaround area to 20'-2" and Staff's recommendation of denial without prejudice on the basis of neighborhood incompatibility and the inability to make the necessary findings to grant the minor exception for the back-up/turnaround setback reduction; directed the applicant to re-design the project to address the architectural style, apparent bulk and mass, and setback issues; agreed with the applicant to a 90-day extension of the decision deadline under the Permit Streamlining Act; and continued the public hearing to January 26, 2010; and, WHEREAS, on January 8, 2010, the applicant submitted revised project plans that shifted the 2nd-story addition more towards the center of the house; re-oriented the ridgeline of the 2nd-story addition; and reduced the size of the I't-story addition so as to maintain—rather than exacerbate—the existing, non-conforming 23'-9"back-up/turnaround setback between the house and detached garage; and, WHEREAS, on January 26, 2010, the Planning Commission reviewed the applicant's revised proposal for 436-square-foot 1st- and 2nd-story additions and the reduction of the required 25-foot back-up area between the existing detached garage and the proposed 1St-floor addition at the rear of the house to 23'-9." 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 372-square- foot, 2nd-story addition and 99-square-foot roof deck on the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 51% of the property owners within a 500-foot radius of the subject property and 88% of the property owners within a 100-foot radius of the subject property. B. The revised structure that is above sixteen feet in height does not significantly impair a view from public property(parks, major thoroughfares, bikeways,walkways or equestrian trails),which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas because the subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan as a City-designated viewing area. C. The revised structure is not located on a ridge or promontory; rather, the subject property is one of a series of graded and developed pad lots along the north side of Palos Verdes Drive South, located in the lowest "tier" of the Seaview community. D. The revised 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. As a result of the mailed and published notices and the temporary silhouette,the City received no objections to the proposed project on the basis of view impacts from the owners of the property at 4276 Admirable Drive (Pineda). In addition, it appeared that there might be view impacts upon the residences at 4284 Admirable Drive(Tuberosi)and 4304 Admirable Drive (Iacono). For the Pineda residence,there is a view toward the subject property from the main living area at the rear of the house, which is partly obscured by foliage on both the P.C. Resolution No. 2010-01 Page 2 of 9 Pineda's property and on other properties. Notwithstanding this existing foliage, it appears that the revised addition would only impair a view of a portion of the undeveloped lot across Palos Verdes Drive South, but would not encroach upon any view of the ocean, Santa Catalina Island, Inspiration Point or Portuguese Bend. For the Iacono residence, there is a panoramic view over the subject property from the main living area at the rear of the house. The revised addition would only impair a view of a portion of the undeveloped lot across Palos Verdes Drive South, but would not encroach upon any view of the ocean, Santa Catalina Island, Inspiration Point or Portuguese Bend. Finally, for the Tuberosi residence, there is an existing detached garage in the Tuberosi's rear yard that appears to block the proposed addition from direct view. E. There is no significant cumulative view impairment caused by granting the application. Similar additions to the two (2) or three (3) homes to either side of the subject property would not have view impacts either for upslope properties on the south side of Admirable Drive. F. The revised structure complies with all Code requirements, including the RS-4 zoning district development standards with respect to lot coverage and setbacks for City-created lots, and the off-street parking requirements for single-family residences. G. The revised structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. The revised project will result in a 3,334-square-foot overall structure size,which is 971 square feet(or 41%) larger than the average home and 85 square feet (or 3%) larger than the largest home. Although the revised residence would still be the largest home in the immediate neighborhood, it should be noted that the size of the subject property is slightly larger than the neighborhood average, although a substantial portion of the property is unbuildable due to the steep slope at the rear of the lot. As a result of this, however, the proposed lot coverage is still below the maximum 50-percent coverage permitted in the RS-4 zoning district. The revised project now employs an architectural style and roof form that is more compatible with the existing residence and surrounding "storybook" ranch-style homes. H. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. The revised upper-level west facade facing 4329 Palos Verdes Drive South includes a sliding-glass door to access the proposed roof deck. The sliding-glass door and roof deck would primarily overlook the street and the undeveloped property across Palos Verdes Drive South. The P.C. Resolution No. 2010-01 Page 3 of 9 revised upper-level east facade facing 4315 Palos Verdes Drive South includes windows in the stairwell and at the southeasterly corner of the proposed 2nd-floor sifting room. The window in the stairwell provides no views, and the window in the sifting room would primarily overlook the street and the developed property across Palos Verdes Drive South. Finally, the revised upper-level north facade facing toward 4284 Admirable Drive and 4304 Admirable Drive includes a small window in the upstairs bathroom,which is not a part of the primary living area of the proposed addition. Section 2- The Planning Commission makes the following findings of fact with respect to the application for a Minor Exception Permit for the reduction of the 25-foot back-up/turnaround setback between the existing detached garage and the proposed 64- square-foot l't-story addition to 23'-9": A. The requested minor exception is necessary to avoid inconsistencies with the general intent of the Development Code. The purpose of the 25-foot setback requirement is to ensure that properties with lengthy and/or steep driveways provide the ability for motorists to turn around within the driveway and exit the property in a forward direction. This setback also ensures that access to garages—which are required for all single-family residences—is reasonably unimpaired. Based upon the testimony of the property owner at the November 24,2009, public hearing, he is able to safely maneuver vehicles in and out of the garage with the existing 23-foot- 9-inch setback. The property owner also testified that the temporary framework silhouette for the project did not impinge upon his ability to access the garage. Although it is a general intent of the City's Development Code that non-conforming conditions should be corrected—or at least not exacerbated—the Planning Commission finds that permitting the 1St-floor addition to match the existing, non- conforming setback will still permit reasonable access to the garage. This conclusion is based upon the unique circumstances and orientation of the existing structures on the subject property, and might not apply to similar requests for other properties elsewhere in the City. Nevertheless, since the purpose of the Development Code requirement for garages for single-family residences is presumably for them to be used for the parking of vehicles, the Planning Commission finds that allowing the requested minor exception for the revised project would not conflict with this purpose. Section 3. The Planning Commission makes the following findings of fact with respect to the application for Site Plan Review for a bay window in the expanded dining room on the first story at the front of the residence: A. The small bay window proposed -for the new dining room at the front of the house complies with all of the RS-4 development standards. P.C. Resolution No. 2010-01 Page 4 of 9 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)(I)(j), 17.62.070 and 17.80.050 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following January 26, 2010, 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, Minor Exception Permit and Site Plan Review (Planning Case No. ZON2009- 00149)for the construction of 436-square-foot 1St-and 2nd-floor additions and a 99-square- foot 2nd-floor roof deck for an existing, 1-story single-family residence; and the reduction of the required 25-foot back-up area between the existing detached garage and the proposed 1St-floor addition at the rear of the house to 23'-9", located at 4319 Palos Verdes Drive South, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2010-01 Page 5 of 9 PASSED, APPROVED, AND ADOPTED this 26th day of January 2010, by the following vote: AYES: Commissioners Knight, Perestam, Ruttenberg, Tetreault and Tomblin, Vice Chairman Gerstner and Chairman Lewis NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: none y .r Chair ?n Joel Ro )ASIIAICP Direct drof/Hlanninwilding and CUdEnforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2010-o1 Page 6 of 9 EXHIBIT 'Ag CONDITIONS OF APPROVAL FOR PLANNING CASE NO. 2009-0 149 (Stirling, 4319 Palos Verdes Drive South) General Conditions: 1. Priorto 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 date of this approval shall render this approval null and void. 2. 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. 3. This approval is for new, 436-square-foot 'Ist- and 2 nd_story additions and a 99- square-foot roof deck to an existing, 1-story single-family residence. 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 to the Height Variation, Minor Exception Permit and/or Site Plan Review by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-4 district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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. P.C. Resolution No. 2010-01 Page 7 of 9 Otherwise, a Height Variation, Minor Exception Permit and/or Site Plan Review revision must be approved prior to further development. 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 effective date of this Resolution. 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 and other construction vehicles 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 above. 11. Unless otherwise modified by these conditions, all conditions of approval for the Landslide Moratorium Exception for this project (Planning Case No. ZON2008- 00391), as originally approved by the Director on January 16, 2009, remain valid and in full force and effect. Height Variation Conditions: 12. This approval is for a 372-square-foot, 2nd-story addition and 99-square-foot roof deck to the existing, 1-story single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 13. The maximum ridgeline of the approved project is 23'-5". BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 14. Notwithstanding the plans presented to the Planning Commission on January 26, 2010, the 2nd-story addition shall be modified as follows PRIOR TO BUILDING P.C. Resolution No. 2010-01 Page 8 of 9 PERMIT ISSUANCE, to the satisfaction of the Director of Planning, Building and Code Enforcement: a. The shape, style and details of the fascia and trim on the 2nd-story gable facing the street shall substantially match those of the existing 1 stmstory gable at the west end of the house. b. The size, style,type and exterior trim for the windows in the 2nd-story addition that are visible from the street shall be compatible with those on the first floor of the house. Minor Exception Permit Conditions: 15. This approval is for the reduction of the setback between the existing detached garage and the proposed 1st-story addition from 25'-0" to 23'-9". BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. Site Plan Review Conditions: 16. This approval is for a 36-square-foot, I st-story addition at the rear of the house and a bay window in the dining room at the front of the house. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 17. The approved project shall maintain setbacks of 28'-10"front, 42'-9" rear(from toe of slope), 5'-0" west side and 14'-1" east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 18. The approved project shall maintain a maximum of 50% lot coverage (44% proposed). 19. 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. M:\Projects\ZON2009-00149(Stirling,4319 Palos Verdes Dr S)\PC Resolution 201 0-01.doc P.C. Resolution No. 2010-01 Page 9 of 9