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PC RES 2010-016 P.C. RESOLUTION NO. 2010-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION AND MINOR EXCEPTION PERMIT FOR THE DEMOLITION OF THE EXISTING RESIDENCE AND THE CONSTRUCTION OF A NEW 3,567 SQUARE FOOT 2-STORY RESIDENCE AND A NEW FRONT YARD WALL WITH A MAXIMUM HEIGHT OF 5'-3" (CASE NO. ZON2009-00497) LOCATED AT 30939 RUE VALOIS. WHEREAS, on December 23, 2009, the property owners, Ranwa Haddad and Ed Griffin, submitted a Height Variation and Minor Exception Permit application to the Community Development Department for review and processing requesting approval to construct a new 3,567 square foot 2- story residence and a front yard wall with a maximum height of 5'-3". On January 14, 2010, 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 February 2, 2010; and, WHEREAS, on February 11, 2010, Staff mailed notices to 53 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 February 11, 2010; 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 seg.,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 or Minor Exception Permit 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 March 23, 2010, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on March 23, 2010, the applicant granted a 90-day extension to the Permit Streamlining Act and the Planning Commission continued the public hearing to April 13, 2010 and subsequently May 11, 2010 to allow the applicant to work with the neighbors and consider design modifications; and, 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 demolition of the existing 2,856 square foot single- story residence and the construction of a new 3,567 square foot two-story residence: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 83% of the property owners within a 100-foot radius of the subject property and 30% 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 which 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 there are no City-designated viewing areas due to the topography in the area and the location of the subject property. 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 Height Variation is warranted because the portions of the new residence which exceed sixteen feet in height, when considered exclusive of existing foliage, do not significantly impair views from the viewing area of another parcel due to the site design and configuration of the proposed residence. 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 viewshed of the neighboring property to the east spans in a southwest direction across Hawthorne Boulevard and there are no other lots that share the same viewshed due to the orientation and lot configuration of properties in the surrounding neighborhood. F. The Height Variation is warranted as 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 Height Variation is warranted as 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. As conditioned, the architectural style of the proposed residence would utilize similar architectural material and styles 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 applicant will be required to provide clerestory windows in the southeast bedroom and a solid balustrade along the south-facing second-story balcony. P.C. Resolution No. 2010-16 Page 2 of 7 Section 2: With respect to the Minor Exception Permit to allow a wall, measuring 3'-6"tall at the east property line and 5'-3"tall at the west property line, located between the 20-foot front yard setback and the front fagade of the proposed residence, approval of the Minor Exception Permit is warranted because the applicant would incur practical difficulties if required to design and construct a wall that is uniform in design and visually pleasing, as seen from the street. Further, the design and construction of a wall maintained a maximum height of 3'-6" would be difficult and cause practical difficulties due to the grade change along the western half of the front yard. 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 May 25, 2010, 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(Case No. ZON2009-00497)for the construction of a new 3,567 square foot residence and a 3'-6"tall to 5'-3"tall wall between the front yard setback and the front fagade of the new residence, located at 30939 Rue Valois, subject to the conditions of approval in the attached Exhibit W. PASSED, APPROVED, AND ADOPTED this 25th day of May 2010, by the following vote: AYES: Commissioners Knight, Leon and Chairman Gerstner NOES: Commissioner Legis ABSTENTIONS: Commissiner Emenhiser ABSENT: CommissionerTetreault and Vice Chairman- Tomblin 6'f2.� tv Bill Gerstner Chairman Joel Roj AICP Comm it Develo ent Director P.C. Resolution No. 2010-16 Page 3 of 7 EXHIBIT'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2009-00497 (Haddad and Griffin, 30939 Rue Valois) 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 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: P.C. Resolution No. 2010-16 Page 4 of 7 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(25'4'proposed) Second Story 25 feet(59'-7"proposed) East Side 5'O"feet(5'O"proposed) West Side 5 feet(5'O"proposed) Rear 15 feet(52=1"proposed) 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. 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 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 new 3,567 square foot two-story residence. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE P.C. Resolution No. 2010-16 Page 5 of 7 SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 19. The new residence shall maintain a maximum height of 26-0",as measured from the lowest finished grade adjacent to the building foundation/slab. 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. The residence shall maintain a 264"front yard setback, minimum 5'-0"side yard setbacks, and 47'-5" rear yard setback at the east side of the rear fagade and a 52'-1" rear yard setback at the west side of the rear fagade. 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 ROOF FRAMING/SHEETING INSPECTION. 21. 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. 22. The air conditioning units may extend within 3'-0" of the side property line provided that the mechanical equipment is not visible from the public right-of-way and noise levels from the mechanical equipment do not exceed sixty-five dBA, as measured from the property line. 23. Prior to issuance of a Building Permit,the applicant shall trim the existing tree, located within the front yard, to a maximum height of 16-0". 24. The windows along east and south facing facades of the southeast second-story bedroom shall be clerestory windows, as depicted on the plans approved by the Planning Commission. 25. The existing freestanding wall along the applicant's south property line shall not exceed a height of 5'-6". 26. The second-story balcony wall along the south facade, from the railing to the second- story finished floor, shall be solid, as approved by the Planning Commission. Prior to submittal of plans into Building and Safety Division plan check, the Applicant shall revise the plans so that the balcony wall is shown as a solid barrier. 27. Prior to issuance of Building Permits, the Applicant shall submit a payment of$2,000 to the City to be held in a City Trust Deposit account for the sole purpose of reimbursing the downslope property owner at 31015 Via Rivera (Benefactor) if the Benefactor chooses to plant new trees or shrubs on his/her property to mitigate any perceived privacy impacts from the second-story balcony. The Benefactor may submit a request to be reimbursed up to $2,000 for the planting of said foliage, provided said request is submitted to the City P.C. Resolution No. 2010-16 Page 6 of 7 prior to one year from the final on the Building Permits for the Applicant's new residence. Reimbursement to the property owner at 31015 Via Rivera shall occur provided all of the following occur: 1) the Director determines that the property owner at 31015 Via Rivera has planted trees and shrubs for the sole purpose of mitigating privacy impacts to his/her property from the second-story balcony; and 2) Receipts for the purchase and installation of the foliage are submitted to the Director; and 3) The trees and/or shrubs are planted within one year of the Building Permit final for this project. The species of foliage shall be approved by the Community Development Director prior to installation. All remaining portions of the Trust Deposit, less any reimbursements to the Benefactor, shall be refunded to the Applicant. The Applicant agrees to relieve the City and all its officers, employees, and agents of any liability relating to transactions that occur as a result of reimbursement to the Benefactor discussed above. P.C. Resolution No. 2010-16 Page 7 of 7