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PC RES 2014-028 P.C. RESOLUTION NO. 2014-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION FOR THE CONSTRUCTION OF A 192 SQUARE FOOT SECOND-STORY ADDITION TO THE EXISTING TWO-STORY RESIDENCE,AND A 236 SQUARE FOOT ROOF DECK/BALCONY LOCATED AT 28723 SHIRE OAKS (CASE NO. ZON2014-00103). WHEREAS, on March 17, 2014, the applicant submitted a Height Variation application to the Community Development Department for review and processing; and, WHEREAS, on October 1, 2014, after the submittal of addition information and construction of the required project silhouette, the application for Planning Case No. ZON2014-00103 was deemed complete by Staff; and, WHEREAS, pursuantto 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 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301(e)(1)); 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 November 11, 2014, 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: The Planning Commission makes the following findings of fact with respect to the application for a Height Variation to allow the construction of a 192 square foot addition and the construction of a 236 square foot roof deck/balcony over the existing single-story portion of the existing two-story residence: A. The applicant has complied with the Early Neighbor Consultation process established by obtaining 66 signatures from the properties within 500 feet(64%)of the subject property. 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 (the subject property is not within the City's Coastal Zone), 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 the portions of the proposed new structure that are above sixteen feet in height, when considered exclusive of existing foliage, do not significantly impair a view from the viewing area of another parcel. Protected views that are available to some of the homes in the surrounding neighborhood are"far views" of the Pacific Ocean. "Near views," which are defined as "a scene located on the peninsula including, but not limited to, a valley, ravine, equestrian trail, pastoral environment or any natural setting,"are not found within this particular neighborhood. Based on the location of the proposed residence, the orientation of neighboring homes and topography of the neighborhood, the proposed second story addition would not cause a significant view impairment from the primary viewing area of any of the surrounding homes. E. The Height Variation is warranted because there is no significant view impairment and the project has been designed and situated in such a manner as to reasonably minimize the impairment of view from nearby properties. F. 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. According the City's Height Variation Guidelines, in making this assessment, the evaluation will usually not extend beyond 3 or 4 parcels adjacent to the subject property. Based on the existing neighborhood, the four closest properties to the applicant, which are in the view frame for the four homes noted above, are each already developed with two-story homes, similar in design to the subject project. As such, no significant cumulative view impacts would result from the proposed project, and this finding can be made. G. The existing residence has a legal, non-conforming front yard setback (18'-0"). Due to the fact that the applicant is not proposing to demolish more than 50% of the existing interior and exterior walls, the existing legal, non-conforming setback is permitted to be maintained. All other Development Code standards with regard to setbacks, lot coverage and parking are met. H. 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 homes range in size from 2,318 square feet to 3,578 square feet. The average home size for all of the 20 closest homes is 3,178 square feet. The proposed P.C. Resolution No. 2014-28 Page 2 of 7 residence will yield a 3,787 square foot single-story residence (600 square foot garage included). While the size of the new residence is larger than the average of the 20 closest homes and larger than the largest home in the neighborhood, the proposed project is only slightly larger than the largest home. Addiitonally, the addition is only 192 square feet in area and has been designed in a way to minimize any potential impacts to neighboring properties. Together,the residence and addition will have a maximum height of 24'-6", as measured from the lowest finished grade adjacent to the structure (elev. 99.0') to the top of the highest ridgeline (elev. 123.66') of the addition, which does not exceed the existing highest ridgeline of the existing residence (elev, 123.66'). Furthermore, the architectural style of the proposed primary residence and additions would be similar in architectural style to the existing residence and other residences found within the surrounding neighborhood. The fagade treatments include stucco siding around all facades of the addition to match the existing residence, with mission tile roof materials. I. The Height Variation can be made since the new addition would not create an unreasonable infringement of the privacy of the occupants of abutting residences. Due to the location of the proposed additions and the site design of the adjacent neighboring properties, there will not be any privacy impacts from the proposed additions. The Municipal Code defines privacy as, "reasonable protection from intrusive visual observation." The Height Variation Guidelines state, "Given the variety and number of options which are available to preserve indoor privacy, greater weight generally will be given to protecting outdoor privacy than to protecting indoor privacy." The proposed project includes the extension of a 192 square foot second floor addition by 10'-0" and the construction of a 236 square foot balcony over an existing single-story addition. As there is an existing window along the rear fagade of the two-story residence, the extension of the second floor addition would not create any new privacy impact beyond what currently existing from the second floor of the residence.Additionally,the proposed roof deck/balcony would not create an unreasonable infringement of privacy to neighboring properties. The property is located over 25 above the neighboring properties to the rear and the proposed deck would be located 24'-6%" away from the rear property line. Furthermore, the property is surrounded by extensive foliage on neighboring properties to the rear that reduced the potential for creating a new privacy impact beyond what currently exists with the existing two-story residence. In response to the public notice, a comment letter was submitted from the property owner located at 6309 Alto Circle, who noted concerns with privacy impacts from the proposed roof deck/balcony to their property. A site visit revealed that the proposed balcony was not easily visible from the rear yard of 6309 Alto Circle due to large amounts of existing foliage between the subject property and 6309 Alto Circle, Furthermore, the proposed balcony would be over 124 feet away from the main portion of the rear yard located at 6309 Alto Circle and would not be easily visible. Section 2: 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 P.C. Resolution No. 2014-28 Page 3 of 7 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 November 11, 2014, the date of the Planning Commission's final action. Section 3: 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 (Planning Case No. ZON2014-00103) for the construction of a 192 square foot second-story addition and 236 square foot roof deck/balcony located at 28723 Shire Oaks, subject to the conditions of approval in the attached Exhibit W. PASSED, APPROVED, AND ADOPTED this 11 t'day of November 2014, by the following vote: AYES,- Commissioners Cruikshank, Emenhiser, Gerstner, James, Tomblin, Vice Chairman Nelson and Chairman Leon NOES: None ABSTENTIONS: None ABSENT: None Gordon Leon Chairman Joel of S, AICP Co munity Devel ment Director P.C. Resolution No. 2014-28 Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2014-00103 (28723 SHIRE OAKS) 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. 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, priorto 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 P.C. Resolution No. 2014-28 Page 5 of 7 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 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. 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, 13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5.00PM 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, subjectto approval by the building official. 14. The approved project is permitted to exceed the maximum allowable lot coverage of 50% (36.34% proposed). 15. The approved main residence shall maintain setbacks of 18'-10" front (existing, non- conforming), 24'-6Y4" rear, 13'-6" west side and 8'4" east side, as depicted on the stamped APPROVED plans on file with the Planning Division. BUILDING SETBACK P.C. Resolution No. 2014-28, Page 6 of 7 CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. I& 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. 17. 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 minimum Tvertical clearance. 18. 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. 19. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. A total grading quantity that exceeds 20 cubic yards as part of this project approval will require further review by the Planning Department, 20, Prior to the issuance of building permits, the applicant shall demonstrate the project's compliance with the South Coast Air Quality Management District Rule 445 and the City Municipal Code requirements regarding wood-burning devices. 21. This approval is for the construction of a 192 square foot addition to the rear of the existing 2-story residence, and construction of a 236 square foot roof deck/balcony BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 22. The maximum ridgeline of the approved project is 123.66'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. The overall height of the main residence would measure 24'-6", as measured from the lowest finished grade adjacent to the structure (elev. 99.0') to the top of the highest ridgeline (elev. 123.66') of the addition, which does not exceed the existing highest ridgeline of the existing residence (elev. 123.66'). P.C. Resolution No. 2014-28 Page 7 of 7