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PC RES 2011-026 P.0 RESOLUTION NO. 2011-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, GRADING AND SITE PLAN REVIEW PERMIT TO DEMOLISH THE EXISTING 402 SQUARE FOOT GARAGE AND PORTIONS OF THE EXISITNG 2,684 SQUARE FOOT RESIDENCE, AND CONSTRUCT A NEW 517 SQUARE FOOT ATTACHED GARAGE AND 766 SQUARE FEET OF ADDITIONAL HABITABLE SPACE, WITH 105 CUBIC YARDS OF GRADING, TO AN EXISTING 2-STORY SINGLE-FAMILY RESIENCE LOCATED AT 2723 SAN RAMON DRIVE (PLANNING CASE NO. ZON2011-00064). WHEREAS, on March 17, 2011, the applicant submitted a Height Variation, Grading and Site Plan Review application to demolish the existing, detached 402 square foot 2-car garage and portions of the existing 2-story residence, and construct a new, attached 517 square foot 2-car garage and 766 square feet of additional habitable space, with 105 cubic yards of total associated grading; and, WHEREAS, on March 30, 2011, due to missing information and concerns about the proposed project from Staff, the application was deemed incomplete;:. and, WHEREAS, on May 10, May 18, and May 26, 2011, additional information and revised plans were submitted for review, with Staff deeming the application complete on May 27, 2011; and, WHEREAS, on June 6, 2011, Staff mailed notices to 48 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 Nevis on June 9, 2011; 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 Height Variation, Grading and Site Plan Review application 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 July 12, 2011, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2011-26 Page 1 of 9 Section 1: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining signatures from a minimum of 70% (70% obtained) of the property owners within a 100-foot radius and the signatures from a minimum of 25% (37% obtained) of the property owners within a 500-foot radius. Section 2: The Height Variation is warranted since the portions of 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 due to the topography in the area and the location of the subject property. Section 3: The Height Variation is warranted since the existing residence is not located on a ridge or promontory. The subject property is located within a hillside community, on an existing pad lot surrounded by other single-family residences. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. Section 4: The Height Variation is warranted because the portions of the proposed additions which exceed sixteen feet in height, when considered exclusive of existing foliage, will not significantly impair City-protected views from the viewing areas of neighboring properties. Specifically, the portion of proposed additions above sixteen feet will not visibly cause further view impairment from what would be already impacted by the existing 2-story residence as the portions above sixteen feet will be below the existing 2-story ridgeline and below the viewing area from the only property with a view over the subject property. Section 5: The Height Variation is warranted because proposed portions of the new residence that exceed sixteen feet in height have been designed to minimize the impairment of a view. Specifically, the proposed new residence has been reduced so only one ridgeline will exceed the sixteen foot by-right height limit by six inches, which will have a negligible impact to the viewing areas of the neighboring properties. Section 6: The Height Variation is warranted as the proposed additions comply with all other Code requirements, including compliance with the twenty foot front setback and interior dimensions for a 2-car garage. Section 7: The Height Variation is warranted because the proposed project's design and character is compatible with the character of the immediate neighborhood. More specifically, the scale and size of the proposed 2-story addition improves the overall appearance of the residence by blending the addition above the garage to appear at a similar height as the existing 1-story while adding depth and levels to correlate to the existing 2-story portion of the residence, and which can be seen in the immediate neighborhood. Additionally, the proposed additions have been designed to match the existing residence, continuing to use a stucco fagade with stone veneer accents and a hip shingle roof, all of which can be seen in the immediate neighborhood. All setbacks will meet or exceed the minimum requirements, and although the proposed construction will exceed the allowable lot coverage, efforts have been made to minimize P.C. Resolution No. 2011-26 Page 2 of 9 the amount of lot coverage and based upon aerial photos it appears other lots of similar size also have large amounts of lot coverage and structures built in a manner similar to that of the proposed project. Section 8: The Height Variation is warranted because no portions of the proposed project exceeding sixteen feet in height will result in an unreasonable infringement of privacy of the occupants of the abutting residences. Specifically, the location of all proposed new windows above sixteen feet in height affords views of only areas that can be seen from the public right-of-way and not of any private, usable yard area of adjacent properties. Section 9: The Grading Permit is warranted since the amount of grading does not exceed that which is necessary for the permitted primary use of the lot. The subject property is in a RS-2 zoning district, in which the primary use of the lots is for residential construction. The proposed grading will provide a new garage that attaches to the main residence outside of the front setback area, lowers the finished floor of the driveway and lowers the ridgeline of the addition above the new garage to blend in with the existing residence. Section 10: The Grading Permit is warranted since the amount of grading and proposed areas of grading do not significantly adversely affect the visual relationships with or the views from the "viewing area" of neighboring properties. Specifically, the grading is being proposed primarily to accommodate a lower grade for the garage and above addition at the front of the residence that allows additional structure outside of the viewing area of neighboring lots. Section 11: The Grading Permit is warranted since the grading will preserve the natural topographic features of the property by concentrating the proposed grading to areas where previous grading and development has occurred while not altering the existing slopes along the front of the property. Section 12: The Grading Permit is warranted since the grading is consistent with Section 17.76.040(A), the purpose and intent of which is to allow for grading activity associated with the primary use of the lot, and the retaining walls adjacent to the new driveway are consistent with what is commonly seen when driving along San Ramon Drive, with many of the hillside properties requiring retaining walls to provide access from the public right-of-way to the garage area. Section 13: The Grading Permit is warranted since no wildlife habitats have been identified on the subject property, and the grading is proposed in areas where previous grading activity has occurred. Section 14. The Grading Permit is warranted since no construction will occur on slopes over thirty five percent (35%); there are no new proposed slopes, the 4'-0" depth of cut at the rear of the garage is less than the maximum 5' 0" depth of cut allowable; no grading is proposed on slopes over fifty percent (50%); there are no new upslope or downslope retaining walls; the 2 -6" tall garden wall in the western side yard area is less P.C. Resolution No. 2011-26 Page 3 of 9 than the T-6" maximum height allowable; the 4'-0" retaining wall within the building footprint does not exceed 8'-0" in depth; the proposed one percent (1%) driveway slope does not exceed the 20% maximum slope allowable; and no slopes are proposed adjacent to the driveway. Section 15: The proposed 5'-4" tall retaining wall adjacent to the driveway exceeds the grading criterion of one 5-0" tall retaining wall height allowable. However, this deviation is approved per RPVDC Section 17.76.040(E)(10) because: a. The deviation is warranted because all other grading criteria of RPVDC Section 17,76.040(E)(1) through Section 17.76.040(E)(8) have been satisfied. b. The deviation is warranted because it is consistent with the purpose of a grading permit, as the proposed F-4" tall driveway retaining wall height is being increased in height due to the lowering of the driveway to accommodate access to the proposed new garage, which results in a lower, less-sloped driveway and an addition above the garage that blends in with the existing residence while not impairing the views from any viewing area. C. The deviation is warranted because the proposed grading will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity, as the neighborhood is located on a hillside, requiring most properties to utilize retaining walls for access and the development of the lots and will only alter areas of previous grading which are not natural topography. d. The deviation is warranted because the proposed grading activity will not be detrimental to the public safety or the surroundings properties as any construction activity proposed on the subject lot would be reviewed, inspected and approved by the Building and Safety Division and the City's Geological Consultant. The proposed project would be required to comply with all safety standards of the Uniform Building Code, and with the recommendations contained in the approved geotechnical report, e. The deviation is warranted because notice of grading approval would be given to the applicant and to all owners of the five (5) properties adjacent to the subject property, Section 19: The requested Site Plan Review is warranted for the proposed 327 square foot western addition and 98 square foot front addition as all the findings for neighborhood compatibility have been met and the proposed structures will meet the height and setbacks requirements for the RS-2 zoning district. Although the lot coverage is currently non-conforming and will be increasing with the proposed construction, approval of the Site Plan Review Permit can be made because the amount of demolition of the existing interior and exterior walls will not exceed fifty percent (50%), the amount of proposed floor area will not be increased by fifty percent (50%) of P.C. Resolution No, 2011-26 Page 4 of 9 the existing floor area, and areas of existing hardscape are to be removed as part of the proposed construction. Section 20: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council, Pursuant to Section 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 July 12, 2011, the date of the Planning Commission's final action. Section 21: 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 approves, with conditions, a Height Variation, Grading and Site Plan Review request to demolish the existing garage and construct a new 517 square foot 2-car garage and 766 square feet of additional habitable space to the front and western side of an existing 2-story single- family residence located at 2723 San Ramon Drive, PASSED, APPROVED AND ADOPTED this 12th day of July 2011, by the following vote: AYES: Commissioners Gerstner, Knight, and Lewis; Vice Chair Tetreault and Chairman Tomblin NOES: None ABSTENTIONS- None RECUSSALS', None ABSENT: Commissioners Emenhiser and Leon David L. Tomblin Chairman Joel Roja icp Commu ty Develo �qc L)rt Director P.C. Resolution No. 2011-26 Page 5 of 9 Exhibit "A" Conditions of Approval Case No. ZON2010-00064 (HV, GR, SPR) 2723 San Ramon Drive (Andrus) 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. 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. The Community Development Director 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. 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 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 applicant 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 the expiration, a written request for extension is filed with the Community Development Department 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 this Resolution. P.C. Resolution No. 2011-26 Page 6 of 0 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. 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 disturbances to the surrounding property owners. 11. Permitted hours and days of 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. 12. This approval is to demolish the existing 402 square foot, detached, direct- access 2-car garage and construct a new 517 square foot attached, direct- access 2-car garage, with a 341 square foot addition above the new garage, a 327 square foot addition to the western side of the existing residence and a 98 square foot addition to the front entry, resulting in a total of 881 square feet to be added to the existing 3,086 square foot 2-story single-family residence. 105 cubic yards of grade cut is proposed at the front of the property in order to accommodate the new garage and lowered driveway area. 13. The proposed lot coverage shall not increase the existing, non-complying lot coverage on the property. Prior to building permit final, the concrete patios at the rear and eastern side of the property shall be removed and replaced with either grass or pavers in order to achieve 46.6% lot coverage. The installation shall be verified by the Community Development Director prior to building permit final 14. 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. 15, The approved residence shall maintain the following setbacks: ® Front yard: 20'-0" (20'-0" proposed) • Side yard: 5'-0" (5'-0" along the eastern side; no change to the western P.C. Resolution No. 2011-26 Page 7 of 9 side) Rear yard: 15'-0" (no change) BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. 16. The pad elevation shall be graded from elev. 992,0' to 990,25', as indicated on the stamped approved plans, 17. The height of the new residence is limited to 16'-6" tall from the highest elevation of existing building pad covered by structure (992.0') to the ridgeline (1008.5'), and 18'-3" tall from where the lowest foundation meets finished grade (990.25') to the ridgeline (1008.5'). SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 18. The Grading Permit allows a total of 105 cubic yards of grading for the lowering of the garage, driveway and western side yard areas. Specifically, a 4'-0" depth of cut is approved at the rear of the garage and the new garage finished floor reduced by 2'-0" in depth (proposed: 106.05). 19. All retaining wall heights shall match the elevation call-outs indicated on the stamped approved plans. The retaining wall adjacent to the new driveway shall not exceed 5'-4" tall and the garden wall along the western side property line shall measure 2'-6" tall. No fencing or free-standing wall is permitted on the 5'-4" tall retaining wall adjacent to the driveway without prior City approval. A 3'-0" wide minimum planter shall be installed and maintain between the retaining wall and the paved walkway, 20. The maximum ridgeline of the approved project is 125.15'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the finished floor elevation of the garage at 106.05'. 21. Based upon a foliage analysis conducted by Staff, the following must be done prior to building permit issuance in order to restore the protected views from surrounding properties: the two trees in the rear yard shall be trimmed down and maintained at a height not to exceed 16 feet in height, as measured from the existing grade adjacent to each tree. P.C. Resolution No. 2011-26 Page 8 of 9 22. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 23, No new windows shall be approved along the eastern side of the existing 2"d- story d_story without prior approval from the City. 24. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 25. 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 a minimum 7' vertical clearance. 26. Roof eaves may project into the required setback not more than six inches for each foot of the required setback; provided that there are no vertical supports within the required setback areas. P.C. Resolution No. 2011-26 Page 9 of 9