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PC RES 2002-010P.C. RESOLUTION NO. 2002-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION, MINOR EXCEPTION PERMIT, VARIANCE, AND COASTAL PERMIT (CASE NO. ZON2002-00036), THEREBY PERMITTING A 1,045 SQUARE FOOT ADDITION, WHICH DEVIATES FROM THE FRONT SETBACK, MAXIMUM LOT COVERAGE, MINIMUM ENCLOSED PARKING AND MAXIMUM SIZE OF AN ADDITION, WITHIN THE APPEALABLE AREA OF THE COASTAL ZONE, FOR PROPERTY LOCATED AT 113 SPINDRIFT DRIVE. WHEREAS, on August 2, 2001, the applicant applied for a Landslide Moratorium Exception Permit (LME) requesting for permission to apply for a Height Variation, Coastal Permit, and Variance to construct a 1,045 square foot room addition to an existing single family residence, and, WHEREAS, on October 2, 2001, the City Council approved the LME, thereby allowing the applicant to submit the land use entitlement applications for the proposed addition, and, WHEREAS, on January 18, 2002, the applicant submitted an application for a Height Variation, Coastal Permit, and Variance, requesting to construct the 1,045 square foot addition. The proposed addition deviates from the front setback requirements, the maximum lot coverage, the minimum enclosed parking spaces, and the maximum addition in the Coastal Setback Zone, and, WHEREAS, on April 17, 2002, the applications for the Height Variation, Minor Exception Permit, Variance, and Coastal Permit were 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 Height Variation, Minor Exception Permit, Variance, and Coastal Permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303), and, WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 28, 2002, 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: That the approved project includes the construction of a 1,045 square foot addition to an existing 1,248 square foot single-family residential dwelling unit The proposed addition is for a 226 square foot addition to the second floor, and an 819 square foot third floor. The proposed addition deviates from the front setback requirements, the maximum lot coverage, the minimum required enclosed parking, and the maximum addition in the Coastal Setback Zone. PC. Resolution No 2002-10 Page 1 of 4 Section 2: The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the city by obtaining 70% of the property owners' signatures within 100 feet and 32% of the property owners' signatures within 500 feet of the subject site Section 3: The Height Variation is warranted since the structure 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 Plan, as a city -designated viewing area. Section 4: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the Municipal Code Section 5: The Height Variation is warranted since the structure is designed and situated in such a manner as to minimize impairment of a view The applicant has limited the size and location of the addition to allow the adjacent homes along Spindrift Drive to continue to look over the subject house without diminishing the view Section 6: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application As noted in the previous section the proposed addition does not impact any views from other properties Section 7: The Height Variation is warranted since the proposed structure, when considered exclusively of existing foliage, does not significantly impair a view from the viewing area of another parcel. As noted in the previous two sections no view impairment to other properties is caused by the structure Section 8: The Height Variation is warranted since the proposed structure complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code, with exception to the front setback, enclosed parking, and lot coverage. However, as noted below, the Variance and Minor Exception Permit are warranted to allow these deviations. Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character The proposed structure complies with the neighborhood character with respects to architectural style and materials, scale of the surrounding residences, and front yard setback Section 10: The Height Variation is warranted since the proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences The design of the house is such that it minimizes infringement onto privacy of neighboring homes Section III: The Minor Exception Permit for a one -foot encroachment into the front setback for the third story is warranted by an unnecessary hardship The subject lot is 2,984 square feet, which is substantially smaller than the minimum lot size in the RS -2 zone, which is 20,000 square feet. Section 12: The Variance is warranted since there are exceptional or extraordinary circumstances or conditions applicable to the property involved, which do not apply generally to PC Resolution No 2002-10 Page 2 of 4 other property in the same zoning district. The subject lot is 2,984 square feet in size, whereas the RS -2 zone has a minimum lot size requirement of 20,000 square feet. Section 13: The Variance is warranted since 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. As noted in the previous section, the subject lot homes are substantially smaller than other lots in the RS -2 zone. Granting the Variance will allow the property owner to construct a home closer in size to other homes in the RS -2 zone. Additionally, other homes in the immediate area also have reduced setbacks and exceed lot coverage Section 14: The Variance is warranted since 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. The property owner submitted a geology report, which has been reviewed and given preliminary approval by the City's geotechnical staff. Said report indicates that there are no geological hazards caused by the proposed addition 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 Furthermore, as noted in the Height Variation findings, the proposed addition has been designed such that it will not impair any views from other properties, nor causes an impact to privacy of other properties, and is compatible with the neighborhood character Section 15• The Variance is warranted since granting the Variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan. It is the goal of the City of Rancho Palos Verdes General Plan 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. Furthermore, the proposed project will not impact natural resources, as well as public access to the coast. Section 16: The Coastal Permit is warranted since the proposed development is consistent with the Coastal Specific Plan The proposed development does not impact natural resources or public access to the coast Section 17: The Coastal Permit is warranted since the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The subject parcel is located between the sea and the first public road (Palos Verdes Drive South). However, the site is located within the Portuguese Bend Club, which is a private gated community. Since there is no public access to the sea from this area, the proposed addition will not impact public access and/or recreation policies. Section 18: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17 02 040, 17 74 060, 17.66.060, 17.70 030, 17 76.040(H) and 17 80 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than June 12, 2002 Section 19: 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 the Height Variation, Minor Exception Permit, Coastal Permit, and Variance to allow for the construction of a 1,045 square P C. Resolution No. 2002-10 Page 3 of 4 foot room addition (Case NO ZON2002-00036); subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area PASSED, APPROVED AND ADOPTED this 28th day of May 2002, by the following vote: AYES COMMISSIONERS COTE, LYON, MUELLER, DURAN REED, TOMBLIN, VICE CHAIR LONG, CHAIR CARTWRIGHT NOES' NONE ABSTENTIONS. NONE UJoel 'hojas, AIC Direc r of Plan ng, uilding and Code Enforcement; and, tary to the ing Commission Jon S Cartwright, Chairman P.0 Resolution No 2002-10 Page 4 of 4 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2002-10) Height Variation, Variance, Minor Exception Permit, Coastal Permit (Case No. ZON2002-00036) General I The applicant/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 of the effective date of approval shall render this approval null and void 2. The approval shall become null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4 Permitted hours of construction are 7:00 a m to 7 00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays 5 The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Commission. 6. The construction site, and adjacent public and private properties 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. 7. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 8. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 9 There shall be no grading permitted with this application 10. The proposed addition shall maintain the following minimum setbacks: 15'-0" rear (proposed- 15'-0") 5'-0" northwest side (proposed: 8'-0") 5'-0" southeast side (proposed: 7'-0") 10'-0" front (proposed: 10'-0") Height Variation 11. The Height Variation allows for the construction of a 226 square foot addition to the southwest side of the second floor and an 819 square foot third floor addition. 12 The proposed additions shall not exceed a height of 28.9', as measured from the lowest elevation where the building foundation/slab is adjacent to the finished grade, to the highest point on the roof; and 21.5', as measured from the highest elevation covered by structure to the highest point on the roof 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 THE BUILDING PERMIT FINAL. Variance 13. The Variance allows for the construction of a 1,045 square foot addition in the Coastal Setback Zone, where the maximum allowed is 250 square feet; for a ten -foot front setback, where 20 -feet is the minimum; allow 49% lot coverage in the RS -2 zone, and allow for a one car enclosed garage, where two enclosed parking spaces is the minimum. 14. The propose addition shall not exceed 1,045 square feet (226 square feet on the second floor, and 819 square feet on the third floor) 15 Lot coverage for the parcel shall not exceed 49%. 16. The front setback for the second floor shall not be less than ten feet SETBACK 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 THE BUILDING PERMIT FINAL. Minor Exception Permit 17. The Minor Exception Permit allows for a 19 -foot front setback for the third floor addition 18 The front setback for the third floor shall not be less than 19 -feet. SETBACK. P.C. Resolution No. 2002.10 Exhibit "A" — Conditions of Approval Page 2 of 5 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 THE BUILDING PERMIT FINAL. Landslide Moratorium Exception Permit 19 The following conditions of approval of Landslide Moratorium Exception Permit Case No. ZON2001-00005 are incorporated herein by reference and shall be adhered to a The approval of this landslide moratorium exception permit shall be valid for one hundred eighty (180) days from date of issuance by the City Council. The Planning applications necessary for the proposed project must be submitted to the Director during this period. The Director may grant extensions beyond this period for good cause b The approval of this landslide moratorium exception permit authorizes the applicant to submit the following Planning applications for the proposed 1,045 -square -foot two-story addition- a Variance, a Height Variation and a Coastal Permit Additional permits may be submitted if they are identified as necessary during the review of the application by the Planning Division c If lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the applicant d. If the project involves additional plumbing fixtures, or additions of habitable space which exceed two hundred square feet (200 SF), or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank system shall be subject to the review and approval of the City's Building Official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture For those projects which involve additions of less than two hundred square feet (200 SF) in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the Director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after July 6, 2000, additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, P.C. Resolution No. 2002-10 Exhibit "A" — Conditions of Approval Page 3 of 5 the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15 20 110 of the Rancho Palos Verdes Municipal Code, or by an agreement or condition of project approval e. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. If required by the City geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the City geotechnical staff g. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the Director prior to the issuance of a building permit. h If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the City a sewer and storm drain easement on the subject property, as well as any other easement required by the City to mitigate landslide conditions. Such covenant shall be submitted to the Director prior to the issuance of a building permit s A hold harmless agreement satisfactory to the City Attorney promising to defend, indemnify and hold the City harmless from any claims or damages resulting from the requested project Such agreement shall be submitted to the Director prior to the issuance of a building permit j. The applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Director pursuant to the terms of this chapter Such covenant shall be submitted to the Director for recordation prior to the issuance of a building permit. k. All landscaping irrigation systems shall be part of a water management system approved by the Director of Public Works Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden If the project involves pools and/or spas, a leak detection system approved by the City Building Official shall be installed P.C. Resolution No. 2002-10 Exhibit "A" - Conditions of Approval Page 4 of 5 rn All other necessary permits and approvals required pursuant to the Rancho Palos Verdes Municipal Code or any other applicable statute, law or ordinance shall be obtained P.C. Resolution No 2002-10 Exhibit "A" — Conditions of Approval Page 5 of 5