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PC RES 2010-037 P.C. RESOLUTION NO. 2010-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A VARIANCE, COASTAL PERMIT, HEIGHT VARIATION AND GRADING PERMIT FOR THE CONSTRUCTION OF 941 SQUARE FEET TO THE EXISTING SINGLE-FAMILY RESIDENCE, ONE (1) 4'-0" TALL RETAINING WALL AND THREE (3) ADDITIONAL GARDEN WALLS AT 86 YACHT HARBOR DRIVE (PLANNING CASE NO. ZON2009-00403). WHEREAS, on July 29, 2010, the City approved a Landslide Moratorium Permit (LME) to allow the applicant to submit applications for a Variance, Coastal Permit, Height Variation and Grading Permit for the construction of new habitable area to the main residence and garage; and, WHEREAS, on October 9, 2009,the applicant, Ms. Pesusich,submitted Variance, Coastal Permit, Height Variation and Grading Permit applications to the Community Development Department for review and processing; and, WHEREAS, on August 9, 2010,the application for Planning Case No. ZON2009-00403 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 Variance, Coastal Permit, Height Variation or Grading 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 September 28, 2010, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 28, 2010,the applicant granted a 90-day extension to the Permit Streamlining Act and the Planning Commission continued the public hearing to November 23,2010 and subsequently December 14, 2010 to allow the applicant to work with the PBCHOA architectural design committee and allow staff additional time to review revisions to the project at the request of the Planning Commission; and, NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Variance to allow 1) an over-height residence, 2) construction over an extreme slope and 3) an addition within the Coastal Setback Zone can be approved because: 1.1 Over-height Residence A. There are exceptional or extraordinary circumstances or conditions applicable to the property or designated land use that do not apply to other properties in the same zoning district because the addition provides additional square footage that would appear compatible with other homes on similar lots within the immediate neighborhood and on other RS-2 zoned properties. Specifically, the three residences to the east are situated at the bottom of their property and utilize 2-3 story facades along Spindrift,whereby the habitable floor area is directly above the garage.The applicant is proposing additional square footage without affecting the existing non-conforming lot coverage, and other alternatives would result in an addition above the primary residence which would not be compatible with the neighborhood. Therefore, the proposed addition is the best alternative for new habitable space that appears to be similar in design to other multi-story homes in the immediate neighborhood. B. The over-height residence is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners in the same zoning district because many other properties within the immediate neighborhood have multi-story homes. In order to accommodate additional habitable area that would be compatible with the surrounding neighborhood,the applicant designed an addition between the detached garage and residence, thereby connect the two structures, resulting in a structure that appears similar in design to other homes, specifically the three homes directly east of the subject property. Furthermore, due to the constraints of the legal, non-conforming residential lot area and lot depth/width, and the topography of the lots, the property owners within this neighborhood are restricted when it comes to development and are often required to apply for Variances to allow typical additions. C. Construction of the over-height residence will not be materially detrimental to the surrounding neighborhood as the applicant has submitted and received approval of a geology report reviewed by the City Geologist indicating that there are no geological hazards caused by proposed additions to the property. Additionally, all construction is required to adhere to the provisions of the California Uniform Building Code, as amended by the City of Rancho Palos Verdes. D. Construction of an over-height residence would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the development and improvement of additions to a single-family residence are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78), which 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 project implements this policy as the proposed construction and deviations from the code are common within the Portuguese Bend Club. 1.2 Construction over an Extreme Slope A. There are exceptional or extraordinary circumstances or conditions applicable to the property or designated land use that do not apply to other properties in the same zoning district because the property is located within a unique community that is not similar to other communities of the same zoning district. The properties are substantially smaller in size and the proposed project is compatible with other homes in neighborhood, despite the P.C. Resolution No. 2010-37 Page 2 of 10 challenging topography and lot area of the site. B. The addition over an extreme slope is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners in the same zoning district of the Portuguese Bend Club HOA because many other homes within the immediate neighborhood have multi-story homes, whereby the livable area is located on an extreme slope due to the small lot areas. In order to accommodate additional habitable area that would be compatible with the surrounding neighborhood, the applicant designed an addition above an extreme slope to appear similar in design to other homes, specifically the three homes directly east of the subject property. Furthermore, due to the constraints of the legal, non-conforming residential lot area and lot depth/width,the property owners within this neighborhood are restricted when it comes to development and are often required to apply for Variances to allow typical additions. C. Construction of the addition over an extreme slope will not be materially detrimental to the surrounding neighborhood as the applicant has submitted and received approval of a geology report reviewed by the City Geologist indicating that there are no geological hazards caused by additions to the property.Additionally, all construction is required to adhere to the provisions of the California Uniform Building Code, as amended by the City of Rancho Palos Verdes. D. Construction of an addition over an extreme slope would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the development and improvement of additions to a single-family residence are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78), which 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 project implements this policy as the proposed construction and deviations from the code are common within the Portuguese Bend Club. 1.3 Addition over 250 square feet in the Coastal Setback Zone A. There are exceptional or extraordinary circumstances or conditions applicable to the property or designated land use that do not apply to other properties in the same zoning district because the subject lot is 5,040 square feet in area,whereas other properties in the RS-2 zoning district measure approximately 20,000 square feet in area, on average. The property, which is entirely located within the Coastal Setback Zone, is surrounded by other single-family residences on legal, non-conforming lots and a common open-space lot to the rear. These surrounding lots limit the ability of expanding the subject lot to be in conformance with the 20,000 square foot standard for lots in the RS-2 zone. Furthermore, since the property is located entirely within the Coastal Setback Zone, it is not possible to add to the house outside of this setback zone. B. The proposed additions over 250 square feet in area are necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners in the same zoning district because the subject property is located within P.C. Resolution No. 2010-37 Page 3 of 10 the Portuguese Bend Club whereby the lots and homes do not conform to all the development standards of the RS-2 zoning district, including minimum lot sizes.The subject lot is substantially smaller than other lots located in the RS-2 zoning district and has a limited ability to be brought into compliance with the development standards of the RS-2 zone. Approval of the addition allows the property owner to expand the residence,thereby enjoying a home that is closer in size to other homes with the same zoning district. C. Construction of an addition larger than 250 square feet within the Coastal Setback Zone will not be materially detrimental to the surrounding neighborhood as the applicant has submitted and received approval of a geology report reviewed by the City Geologist indicating that there are no geological hazards caused by additions to the property. Additionally, all construction is required to adhere to the provisions of the California Uniform Building Code, as amended by the City of Rancho Palos Verdes. D. Construction of an addition larger than 250 square feet within the Coastal Setback Zone would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the development and improvement of additions to a single- family residence are among the primary permitted uses within this land use designation.This is also reflected in Housing Activity Policy No. 3 of the General Plan(p. 78),which 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 project implements this policy as the proposed construction and deviations from the code are common within the Portuguese Bend Club. Section 2: The Coastal Permit to allow the additions within the Coastal Zone can be approved because: A. The development is consistent with the Coastal Specific Plan. The subject site is located within Subregion 6 of the Coastal Specific Plan which is an existing residential area which is solely developed with beach facilities and lies within the confines of the Portuguese Bend Club, a private, gated community. This region is bordered by the Active Portuguese Bend Landslide to the west and by the Trump National driving range,which is part of Subregion 7. The intent of Subregion 6 of the Coastal Specific Plan is to protect natural resources as well as public access and to maintain the "strong unified character...and active homogeneity which establishes it as a distinct neighborhood." The neighborhood surrounding Yacht Harbor Drive and Spindrift is comprised of a majority of one, two-story and three-story residences with a beach/cottage appearance. The proposed construction is inline with other development found along Spindrift and the immediate neighborhood, thereby maintaining the character and homogeneity found within this neighborhood and consistent with Subregion 6 of the Coastal Specific Plan. Furthermore, the project site is currently developed as a single-family residence and the site is not located in an area dedicated for public access. B. The "Path and Trail Network" Section of Subregion 6 of the City's Coastal Specific Plan states, "no public trails or coastal access points are provided now within the subregion[6], norare they proposed forthe future...This private access is a positive measure in controlling human exposure to the sensitive intertidal habitat in the area."Further,the subject property P.C. Resolution No. 2010-37 Page 4 of 10 and proposed development does not affect the other public access and recreation policies identified in the Corridor Element of the City's Coastal Plan. As such, this finding can be made. Section 3: The Planning Commission makes the following findings of fact with respect to the application for a Height Variation to allow the construction of 941 square feet of additional habitable area to the existing residence and detached garage resulting in one structure: A. The applicant has complied with the Early Neighbor Consultation process established by the City by sending a copy of the plans, via certified mail, to the property owners within a 500 foot radius.After multiple attempts to obtain the required number of signatures,the applicant requested permission from the Community Development Director to proceed with a different alternative as the applicant only obtained 8 signatures from property owners within a 500 foot radius (14%) and 3 signatures of landowners within a 100 foot radius (30%). On April 22, 2010, the property owners sent a copy of the plans, via certified mail, to the property owners within a 500 foot radius who did not sign the "acknowledgement of early neighbor consultation." B. The Height Variation is warranted since the proposed additions which exceed sixteen feet in height do 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 Height Variation is warranted because views from the properties within the Portuguese Bend Club neighborhood are generally to the south and west, overlooking the Pacific Ocean and Catalina Island. Residences located to the west and east of the subject property have views in a south direction and would not be affected by height of the primary residence. Furthermore,the project would not affect any homes to the south (along Spindrift)and there are no homes located to the north, across Yacht Harbor. 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. The portions of the proposed project which exceed the 16'-0""by-right"height limit, do not create view impairment to a protected view outside of what would otherwise be permitted "by-right" on the existing building pad and the project is maintaining the single- story configuration that previously existed and is common as seen along Yacht Harbor Drive. P.C. Resolution No. 2010-37 Page 5 of 10 F. The proposed additions comply with the City's Development Code standards with regard to setbacks. The proposed additions would be located outside of the required 5'-0" side yard setbacks, 15'-0" rear yard setback and 20'-0"front yard setback.The existing residence has legal, non-conforming setbacks; however the additions would meet the required setbacks. G. The proposed structure, as conditioned, 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 residence would maintain the architectural style found in the immediate neighborhood. H. The Height Variation is warranted since the new residence and balcony would not create an unreasonable infringement of the privacy of the occupants of abutting residences. The single-story configuration of the proposed additions and carport conversion,the height of the proposed windows along the west fagade and the existing 8'-0" tall wood fence that separates 86 Yacht Harbor and the property to the west(85 Yacht Harbor), eliminates any potential privacy impacts to the westerly neighbor. Furthermore, the property owner at 85 Yacht Harbor agreed that the proposed balcony would not create privacy impacts to their property. Section 5: The Planning Commission makes the following findings of fact with respect to the Grading Permit to allow one (1) 4'-0" tall retaining wall along the southeast portion of the property because: A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot. The underlying zoning district is single-family residential. The proposed retaining wall is necessary to accommodate adequate access from the detached garage and right-of-way to the main structure. B. The proposed grading/retaining wall would not cause any significant/adverse visual impacts to other neighboring properties as the proposed retaining would only be 4'-0" in height and similar retaining walls can be commonly found throughout the neighborhood. C. The grading minimizes disturbance to the natural contours and finished contours are reasonably natural, as the applicant is requesting approval to allow the construction of a 4'- 0"tall retaining wall and a series of smaller garden walls to accommodate a safer and more accessible set of stairs along the east side of the property to the mid-section of the property. The garden walls and retaining walls will follow the natural contours of the existing topography. Any disturbances to the existing contours are relatively minor. D. No new man-made or manufactured slopes are proposed. The subject property was previously graded to create a building pad for the construction of a new residence. The majority of the proposed grading would include a series of new garden walls and a 4'-0"tall retaining wall to accommodate a new set of stairs along the east side of the property. E. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation, as there is no evidence of natural landscape or wildlife habitat on the property. P.C. Resolution No. 2010-37 Page 6 of 10 F. The grading conforms to the City's standards for grading on slopes, height of cut and fill,and heights of retaining walls. Specifically, the proposed grading would not occur on a lot that was created prior to 1975,the proposed grading will not significantly alterthe contours of the lot and no finished slopes that exceed 35%will be created. Lastly, the project includes one (1) 4'-0" tall retaining wall. Section 6: 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 December 14, 2010, however given the fact that City Hall will be closed for the holidays,the appeal period shall be extended to no later than January 10, 2011. Section 7: 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 Variance,Coastal Permit, Height Variation and Grading Permit(Planning Case No. ZON2009-00403)for the construction of 941 square feet of habitable area to the existing single-family residence, located at 86 Yacht Harbor Drive, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 14th day of December 2010, by the following vote: AYES: Eommissioners Emenhiser, Leon, Tetreault and Vice Chairman. Tomblin NOES: None ABSTENTIONS: None ABSENT: Commissioners=Knight and Lewis RECUSAL: Chairman Gerstner Bill Ge er Chairman Joel ojas, icP Com unity evelop nt Director P.C. Resolution No. 2010-37 Page 7 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2009-00403 (Pesusich, 86 Yacht Harbor) 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 P.C. Resolution No. 2010-37 Page 8 of 10 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. 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. 12. 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. 13. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 14. 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. 15. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 16. This approval includes a 941 square foot addition to the existing residence resulting in a 3,123 square foot residence (2,635 square foot residence and 488 square foot garage). BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BOLDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 17. This project also includes an after-the-fact conversion of a 300 square foot carport into habitable space at the northwest end of the existing residence. The carport conversion is permitted to maintain a 7'-6" front yard setback and 3'-5" side yard setback provided the conversion is brought into compliance with the Uniform Building Code. If the carport conversion cannot be brought into compliance with the Uniform Building Code,including the fire code, a minimum 5'-0" side yard setback shall be provided. 18. One (1) 4'-0" tall retaining wall and associated garden walls are permitted along the east side of the property. 19. No more than 20 cubic yards of grading is permitted. P.C. Resolution No. 2010-37 Page 9 of 10 20. The proposed roof design shall maintain a 2:12 pitch. 21. The residence shall maintain a maximum height of 15'-6", as measured from the highest existing grade adjacent to the building (elev. 128'-3")to the highest ridgeline (elev. 143'-9") of the residence, and 34'-6", as measured from the lowest grade adjacent to the foundation/slab (elev. 109'-3") covered by the structure to the highest ridgeline of the residence (elev. 143-9"). 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. 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. 23. 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. 2010-37 Page 10 of 10