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PC RES 2013-029 P.C. RESOLUTION NO. 2013-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, GRADING PERMIT AND INTERPRETATION TO ADJUST THE OPEN SPACE HAZARD BOUNDARY LINE TO ALLOW THE CONSTRUCTION OF A 783 SQUARE FOOT ADDITION TO THE MAIN RESIDENCE AND A 56 SQUARE FOOT ADDITION TO THE GARAGE AT THE PROPERTY LOCATED AT 6509 PALOS VERDES DRIVE EAST (CASE NO ZON2013-00223). WHEREAS, on June 10, 2013, the property owner, Mr. Oreck, submitted applications for Planning Case No. ZON2013-00223 fora Height Variation, Grading Permit and Interpretation to adjust the Open Space Hazard boundary line to accommodate the construction of a new addition at the property located at 6509 Palos Verdes Drive East; and, WHEREAS, on June 18, 2013, Staff completed the initial review of the application, at which time the application was deemed incomplete for processing. The applicant submitted revisions on multiple occasions; and, WHEREAS, on November 4, 2013, the application for Planning Case No. ZON2013-00223 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 applications 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 December 10, 2013, 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: Section 1: With respect to the application for a Height Variation to allow the construction of a new second story addition: A. The applicant has complied with the Early Neighbor Consultation process established by obtaining 11 signatures from the properties within 100 feet (73%) and 19 signatures from the property owners within 500 feet (26%) of the subject property. B. The Height Variation is warranted since the proposed addition 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 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 proposed new addition 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. View of the Pacific Ocean, Vincent Thomas Bridge and distant city lights can be seen by the subject property, in a southeasterly direction. Homes to the south or east of the subject property would not be impacted by the proposed development in terms of views. Due to lot configuration and existing topography found throughout the neighborhood, homes to the north or west of the subject property would not be impacted by the proposed development either. More specifically, the homes located north and west of the subject property are over 20 feet above the subject property. Furthermore, in designing the project, the applicant decided to maintain a single- story configuration on the pad lot, whereby a small portion of the residence would exceed 20' from the lowest finished grade adjacent to the structure. Given that a portion of the pad lot slightly slopes near the west end of the structure, the residence requires a height of 23'-2Y2" from the lowest finished grade, while maintaining a height of 12'-11'" from the highest existing grade, E. The Height Variation is warranted because the proposed additions that are above sixteen feet in height do not create a view impairment from the viewing area of another parcel Furthermore, the additions are designed and situated in such a manner as to reasonably minimize the impairment of a view due to the fact that the additions are part of a single-story residence. F. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. The proposed additions are single- P.C. Resolution No. 2013-29 Page 2 of 9 story in nature, with a small portion of the residence exceeding the "by-right" building envelope height, G. The proposed addition complies with all other Code requirements, including the development standards related to the RS-2 zoning district with respect to lot coverage and setbacks. H. The proposed addition is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass. The 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 as well as the existing residence by utilizing a stucco finish, tile roof materials, and wood and stone veneer accents, similar to the materials found within the surrounding neighborhood. With regard to the overall size of the residence, the proposed addition has been designed to reduce potential bulk and mass as seen from neighboring properties by incorporating undulating facades to break up the appearance of the structure as seen from other properties, while maintaining a single-story configuration. I. The Height Variation is warranted since the new addition would not create an unreasonable infringement of the privacy of the occupants of abutting residences. The subject lot is located 20 feet below the properties to the north and other properties are located across a large canyon. As such, the proposed windows along the west end of the residence, which are subject to the privacy finding, would not create an infringement of privacy onto the neighboring properties to the north or across the canyon. Section 2: With regard to the Grading Permit: A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot. Specifically, the underlying zoning district is single-family residential and the property was previously graded to accommodate a single-family residence. The proposed grading (88 cubic yards of cut and 145 cubic yards of fill) and proposed retaining walls and garden walls allow the applicant the ability to expand a portion of their rear yard and the area. B. The proposed grading does not significantly adversely affectthe visual relationships with nor the views from the viewing area of neighboring properties. The proposed grading and retaining walls will be located along the west side of the residence and in the rear yard of the property, and will not be easily visible from the public right-of- way or neighboring properties. C. The nature of the grading minimizes disturbances to the natural contours and P.C. Resolution No. 2013-29 Page 3 of 9 finished contours are reasonably natural. The applicant is maintaining a majority of the contours surrounding the property, thereby minimizing disturbances to the natural contours surrounding the pad lot. A portion of the gentle-sloping rear yard will be made into a flat useable area. This would require two small garden walls on the east side of the new flat area and a 25% slope that transitions into the existing slope along the west side of the yard. D. The grading takes into account the preservation of natural topographical features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. The proposed contours would be limited to a small area at the rear of the property to accommodate a flat, usable area. This grading would result in two new 25% slopes that transition into the existing slope, thereby maintaining a majority of the natural topographical features 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. F. The grading conforms to the City's standards for grading on slopes, cut and fill and finished slope contours. Specifically, the proposed grading would not occur on an extreme slope (35% or greater), the proposed grading will not significantly alter the contours of the lot, and no finished slopes that exceed 35% will be created. Section 4; The Interpretation Procedure to adjust the Open Space Hazard District boundary line is approved to allow the boundary line to be moved 58 feet to the south, in line with the top of the existing extreme slope and canyon. According to the reports provided by the property owner, the property owners geology consultant opines that the descending slope is stable and the Open Space Hazard boundary line currently extends far beyond the top of the extreme slope, onto the building pad, and that the building pad is suitable for the proposed additions. In accordance with the Interpretation Procedure established by the RPVMC, the City Geologist determined that the property owner has submitted the required geotechnical reports to demonstrate that the location of the Open Space Hazard zoning boundary line can be relocated up to 58 feet. Section 5: 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 10, 2013, the date of the Planning Commission's final action. Due to the holiday break, when City Hall is closed, the last day to submit said appeal shall be January 6, 2014. P.C. Resolution No. 2013-29 Page 4 of 9 Section 6: 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, Grading Permit and Interpretation to adjust the Open Space Hazard boundary line to allow the construction of a 783 square foot addition to the main residence and a 56 square foot addition to the garage, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 16th day of December 2013, by the following vote: AYES'. Commissioners Gerstner, Nelson, Tomblin, Vice Chairman Leon, and Chairmain Emenhiser NOES: None ABSTENTIONS: Commissioner Tetreault RECUSSALS: None ABSENT.- Commissioner Lewis vid Emenhiser Chairman A Joel Roja�Op Communi y D velopm�l Director Secretary t e Planning Commission P.C. Resolution No. 2013-29 Page 5 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2013-00223 (Oreck, 6509 Palos Verdes Drive East) 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 because 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 Community Development Director 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. P.C. Resolution No. 2013-29 Page 6 of 9 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: 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 40% lot coverage (8.4% proposed) and the following setbacks from the applicable property lines: Front 20 feet (20'-4"proposed) Side north 5'feet (39'-O"existing, no change) Side south 5 feet (203'-0"proposed) Rear 15 feet (96'-0"existing, no change) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. 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. 14. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 15. 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 P.C. Resolution No. 2013-29 Page 7 of 9 minimize disturbance to the surrounding property owners. 16. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 17. 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. If the project results in a 50% or greater demolition of walls, then the garage shall meet the minimum requirements of 20 feet depth and 18 feet in width. 18. The approval allows for a grey gravel or standing seam galvalume metal roof. The standing seam galvalume metal roof shall utilize a muted color/sheen to minimize the luster, reflectivity and glare of the material to the satisfaction of the Community Development Director, prior to installation of the material. Height Variation Conditions: 19. This approval is for the construction of a 783 square foot addition to the main residence and a 56 square foot addition to the garage. The overall square footage of the residence and garage will be 2,983. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 20. The maximum ridgeline of the approved project will be 23'-2W, as measured from the lowest finished grade adjacent to the foundation of the structure (elev. 863.2') to the highest ridgeline (elev. 863.2') and 12'-11", as measured from the highest existing grade covered by the structure (elev. 850.3') to the top of the highest ridgeline (elev. 863.2'). BUILDING HEIGHT CERTIFICATION REQUIRED. Grading Permit Conditions 21. This approval allows a maximum of 223 cubic yards of grading to be located at the rear and along the west side of the residence. 27. The following retaining walls are permitted: a. One 5'-0" tall combination wall with a maximum retaining wall height of 4'- P.C. Resolution No. 2013-29 Page 8 of 9 6" along the west side of the residence. b. Ancillary garden walls along the west side of the residence and within the rear yard, not to exceed a maximum height of 2'-11". P.C. Resolution No. 2013-29 Page 9 of 9