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PC RES 2014-016 P.C. RESOLUTION NO. 2014-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, VARIANCE, GRADING PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2014-00095) FOR THE CONSTRUCTION OF A 638FT2 SUNROOM AND 1,668FT2 OF ADDITIONS PRIMARILY OVER AN EXTREME SLOPE BETWEEN AN EXISTING RESIDENCE AND A DETACHED GARAGE, RESULTING IN AN OVERALL HEIGHT OF 32' AT 30204 VIA BORICA. WHEREAS, on March 3, 2014, Mr. John Wu, representing the property owners Bin and Wang Yang, submitted applications, requesting approval to construct an addition over an extreme slope between an existing residence and a detached garage. Based on preliminary review, the application was deemed incomplete on March 17, 2014. After subsequent submittals and reviews of additional information, Staff deemed the project complete on May 8, 2014; 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), the Planning Commission found no evidence that the proposed project will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice issued on May 15, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on June 24, 2014, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The proposed project is a request to construct a 638ft2 single-story sunroom at the rear of the existing residence and 1,668ft2 of additions primarily over extreme slopes between an existing residence and a detached garage, thereby connecting the two structures. While no changes are proposed to the existing ridgeline, the overall height will measure 32' as a result of the addition, exceeding the Code allowed maximum of 30' for split- level homes on sloping lots. Section 2: Approval of a Height Variation to allow the proposed additions to exceed the Code allowed maximum height of 16', as measured from the preconstruction grade at the highest point up to 26' to the ridgeline is warranted because: A. The applicant has complied with the early neighbor consultation process by collecting 44% of the property owner's signatures within the 500' radius and 80% within the 100' radius. B. The proposed addition to an existing structure that is above 16' in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, P.C. Resolution No. 2014-16 Page 1 of 8 walkways or equestrian trails) as there are none identified within close proximity of the subject site, as city-designated viewing areas. C. The proposed new structure is not located on a ridge or a promontory, as defined in the Development Code. D. The area of a proposed new structure that is above 16' in height when considered exclusive of existing foliage does not significantly impair a view from the viewing area of another parcel. More specifically, the properties to the west, south and east are at the same or lower elevation while the properties to the north are located approximately 75' higher in elevation. E. There is no significant cumulative view impairment caused by granting the application as there is no view impairment caused by the proposed new structure over 16' in height. F. The proposed structure complies with all other code requirements, including but not limited to setbacks and open space restrictions. G. The proposed structure is compatible with the immediate neighborhood character. More specifically, the average structure size of the 20-closest homes to the subject property is 3,244ft2, including the garage and any ancillary structures. Although the proposed structure size of 6,084ft2 will be the largest in the neighborhood, the proposed structure would not appear out of scale with the neighborhood. For example, the homes on the same side of the street to the east are split-level, three-story homes which have full- fagade elements at the front of the property that barely meet the City's required 20' front yard setback. The homes on the opposite side of the street consist of two-story homes, many of which have flush front fagades that barely meet the City's required 20' front yard setback. Although these homes are smaller than the proposed project, they appear significantly larger than their actual size due to the close proximity to the street and the flush fagades. The homes on the same side of the street to the west have similar layout as the subject property, with a detached garage at a lower street elevation and a two- story residence to the rear at a higher elevation, which are at least 50' to 70' away from the front property line. Because the two-story elements of these homes are significantly setback from the street, they appear to be relatively smaller than their actual size. The proposed additions are similar to what was approved for 30132 Via Borica, consisting of additions behind the garage, which will visually step with the grade to minimize the appearance of bulk or mass. Given the tiered design and significantly large setbacks to the building facades, the proposed project would not appear bulky or massive. Additionally, the proposed addition maintains the architectural style, color and materials of the existing home and therefore compatible with the neighboring homes in terms of architectural style and materials. No changes are proposed to the existing structure setbacks, with exception to the rear, which appears to be compatible with what exists on neighboring properties. H. The proposed new structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences because the only views available to the occupants from these areas are of abutting neighbors' slopes between their garage and house, which are already visible from the street. P.C. Resolution No. 2014-16 Page 2 of 8 Section 3: Approval of a Variance revision to allow the proposed additions over an extreme slope where construction is not allowed, resulting in an overall height of 32' which exceeds the Code allowed maximum height of 30', as measured from the point where the lowest foundation or slab meets finished grade to the ridgeline for sloping lots is warranted because: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically, the garage located at the street level with the main residence located 10' above the garage level in itself is an extraordinary circumstance when compared to the usual attached or detached garages at the same elevation which are prevalent in the City. Since the vertical difference between the building pads of the garage results gradient exceeding 35%, the only method to connect the two structures is to build the extreme slopes. Additionally, although no changes are proposed to the existing ridgeline of the existing residence, the elevation difference of the garage and residential area creates a split-story home measuring 32', exceeding the Code allowed maximum of 30'. B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. More specifically, neighboring properties with the same garage and house configurations would be permitted an addition of similar size without the need for a Variance procedure as the vertical difference between the garage and residence would be less than the subject home. Additionally, the garage and house layout of the subject site is not typical for properties in the same zoning district. Furthermore, 30132 Via Borica was granted a Variance for a similar proposal in 2013. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. More specifically, the proposed additions will not cause any visual impacts as there are no views across the proposed additions and the building heights are not being increased. Additionally, as part of the plan check review with the Building & Safety Division, the Fire Department and City Geologist will review the project, prior to building permit issuance. D. Granting the variance will not be contrary to the objectives of the general plan or policies and requirements of the coastal specific plan. More specifically, the subject property is not within the Coastal Zone of the City and therefore the Coastal Specific Plan does not apply. Additionally, the proposed project is consistent with the General Plan's Urban Environment Element goal that states "It is the goal of the City of RPV to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community" Section 4: Approval of a Major Grading Permit to allow 8' of fill with 20yd3 of related grading to accommodate the proposed additions is warranted because: P.C. Resolution No. 2014-16 Page 3 of 8 A. The grading does not exceed that which is necessary for the permitted primary use of the lot. More specifically, the primary use of the subject lot is residential as identified in the City's General Plan and Zoning map and the proposed project is a habitable space expansion. The purpose of the 8' height of fill is to create living space between the detached garage and the house. Given the elevation difference, 8' of fill is necessary beneath the new addition to create an even level with the existing lower floor of the main residence. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. More specifically, the properties to the west, south and east are at the same or lower elevation while the properties to the north are located approximately 75' higher in elevation. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the proposed grading area is limited between the existing 13' wide planter parallel with the west property line and the existing walkway to the east of the existing garage. The remaining slopes and landscaped areas beyond will be preserved. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. More specifically, no new slopes are being created as part of the proposal. Rather 20yd3 of earth will be imported to fill a specific area to accommodate the proposed addition. All other existing slopes and landscaped areas will be preserved. E. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation as there are none on the subject property. F. The grading conforms to standards related to grading on slopes over 35% steepness, maximum gradient of finished slopes, maximum depth of cut or fill, restricted grading areas, retaining wall heights and gradient of driveways. Section 5: Approval of a Site Plan Review to allow the construction of a single-story sunroom and storage area to the rear is warranted because it complies with the City's Development Code, including but not limited to setbacks, height, lot coverage and neighborhood compatibility. Section 6: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, July 9, 2014. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on July 9, 2014. 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 Height Variation, Variance, Major Grading Permit and Site Plan Review for the construction of a 638ft2 P.C. Resolution No. 2014-16 Page 4 of 8 sunroom at the rear and 1,668ft2 of additions primarily over an extreme slope between a detached garage and a two-story residence, resulting in an overall height of 32' (Case No. ZON2014-00095). PASSED, APPROVED AND ADOPTED this 24th day of June 2014, by the following vote: AYES: Commissioners Cruikshank, Emenhiser, James, Tomblin, dice 'Chairman Nelson, Chaimman Leon NOES: 06mmissioner Gerstner ABSTENTIONS: None RECUSALS: None ABSENT: None Gordon Leon Chairman Joel Roj s, CP Commu ity evelopmLirector; and, Secreta of a Planning Commission P.C. Resolution No. 2014- 16 Page 5 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2014-00095 (HV/VAR/GR/SPR) 30204 VIA BORICA 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 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. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 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 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. 5. 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. 6. 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. 7. 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 this Resolution, 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 Department and approved by the Director. 8. 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. 9. 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 P.C. Resolution No. 2014-16 Page 6 of 8 date of this Resolution. 10. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 11. 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. 12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 13. All grading, 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, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. Project Specific Conditions: 15. This approval is for a single-story 638ft2 sunroom and storage at the rear and 1,668ft2 of multi-level additions primarily over an extreme slope between the existing detached garage and the residence. A maximum 8' of fill is also approved with 20yd3 of import related to the proposal. 16. The maximum height of the approved project shall not exceed the existing ridgeline of the residence (32', as measured from the point where the lowest foundation meets finished grade to the highest point of the structure). Any increases to the existing ridgeline shall require separate Planning Division approval. 17. Unless modified by the approval of future planning applications, the approved project P.C. Resolution No. 2014-16 Page 7 of 8 shall maintain a maximum of 50% lot coverage (44.7% proposed). 18. The approved residence shall maintain setbacks of 20' front (21' existing), 15' rear (47.34' proposed), and 5' sides (10' west and 6' east existing). 19. A minimum 3-car garage shall be maintained in a garage and three unenclosed parking spaces shall be provided and maintained as a driveway, 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. P.C. Resolution No. 2014-16 Page 8 of 8