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PC RES 2015-006 P.C. RESOLUTION NO. 2015-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW TO ALLOW THE CONVERSION OF THE EXISTING GARAGE INTO HABITABLE AREA, AND CONSTRUCT A NEW 1,007 SQUARE FOOT 3-CAR GARAGE AND 703 SQUARE FOOT SECOND STORY ADDITION, AND APPROVAL OF A VARIANCE TO ALLOW A 6'-0" TALL SWING GATE AT THE PRIVATE DRIVEWAY ENTRANCE AND 5'-0" TALL, 5-RAIL FENCE IN THE SOUTHEAST CORNER OF THE LOT TO EXCEED THE ALLOWABLE 42" HEIGHT LIMITATION WITHIN THE 20'-0" FRONT YARD SETBACK, AT THE PROPERTY LOCATED AT 28191 PALOS VERDES DRIVE EAST(CASE NO ZON2014-00331). WHEREAS, on August 18, 2014,the applicant submitted Height Variation,Variance and Site Plan Review applications to the Community Development Department for review and processing. The applicant request approval to convert the existing 500 square foot garage into habitable area, and to construct a new 1,007 square foot 3-car garage and workshop, and a new 703 square foot second story addition. Additionally, the applicant requests approval of a Variance to allow a new swing gate and 5-rail fence within certain portions of the 20-foot front yard setback; and, WHEREAS, on September 17, 2014, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The applicant submitted revisions on December 8, 2014, January 16, 2015 and February 10, 2015; and, WHEREAS, on March 9, 2015, the application for Planning Case No. ZON2014-00331 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)(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 April 14, 2015, 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 the City by sending a copy of the plans, via certified mail, to the property owners within a 500 foot radius. After multiple attempts to obtain the required number of signatures, the applicant requested permission from the Community Development Director to proceed with a different alternative as they only obtained 7 signatures from property owners within a 500 foot radius(14%)and 1 signature of a landowner within a 100 foot radius (12.5%). On January 13, 2015, the property owners sent a copy of the plans, via certified mail, to the property owners within a 500 foot radius who did not sign the "acknowledgement of early neighbor consultation." 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 does not significantly impair a view from the public trails, or as defined by the City's General Plan or NCCP. 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 proposed residence would be located on an existing building pad, similar to other lots within the semi- developed area, and is not located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. 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. While some residences have views of distant city lights and the pacific ocean, the proposed addition would not affect any existing views do the location of the addition, topography in the neighborhood and orientation of the lot E. The Height Variation is warranted because the proposed addition that is above sixteen feet in height does not create view impairment from the viewing area of another parcel, and the proposed second-story addition has been designed in a manner to reasonably minimize the impairment of view. F. The Height Variation is warranted since there is no significant cumulative view P.C. Resolution No. 2015-06 Page 2 of 11 impairment caused by granting the application. According to the City's Height Variation Guidelines, to make this assessment, the Planning Commission must evaluate the impacts of a similar project as the proposed project on 3 or 4 parcels "adjacent" to the subject property. Due to the location of the property on extreme hairpin turn along Palos Verdes Drive East, there are only two properties that are "adjacent" to the applicant are: 28121 and 28209 Palos Verdes Drive East. After considering similar additions on the properties listed above that are adjacent to the subject project, given similar topography and lot orientations, Staff is of the opinion that there would not be any significant cumulative view impairment caused by granting the proposed project. 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. Compatibility with neighborhood character is based on a comparison to the other structures in the immediate neighborhood. The homes range in size from 1,770 square feet to 4,814 square feet. The average home size for all of the 20 closest homes is 2,930 square feet. The proposed residence will yield a 5,025 square foot residence. While the size of the new residence is larger than the average of the 20 closest homes, and is larger than the largest home in the neighborhood, the residence will be close in size to the largest home in the neighborhood (4,814 square feet). Furthermore, the residence and addition cannot be easily seen from the public right-of-way. The only residence that can easily view the addition is the property located immediately to the north, however due to the configuration of the residence, only a small portion of the home is visible. Furthermore, 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 wood siding and shingle tile roof materials,similar to the materials found in the immediate neighborhood. 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 near a hairpin turn along Palos Verdes Drive East with a building pad that is at a higher elevation than the public right-of-way. The front yard of the neighboring property to the north is developed with a swimming pool and is utilized as the main, recreational yard area. However, this portion of the neighbor's property is already visible from the private driveway shared by the applicant and front yard of the subject property. With the addition of a new garage and recreational room on the second floor, the applicant is slightly improving the privacy P.C. Resolution No. 2015-06 Page 3 of 11 of the northerly neighbor's property by blocking off direct visibility into the northerly neighbor's yard. Additionally, the neighboring property to the east would not incur any new privacy impacts as a result of the new two-story addition as the new addition would not afford views into the neighbor's yard. Section 2: With respect to the application for a Variance to allow the construction of a new 6'-0"tall swing gate at the private driveway entrance and a 5'-0"tall, 5'-rail fence at the southeast corner of the residence to exceed the 42" height limitation allowed within the 20'-0"front yard setback: A. There are exceptional and extraordinary circumstances, and conditions applicable to the property involved and the intended use of the property (single-family residential), which do not apply generally to other property in the same zoning district.The subject property is irregular in shape in that it is a pie-shaped lot with no rear property line and a large portion of the property fronts Palos Verdes Drive East. Given the extreme topography that surrounds the front property line of the pie- shaped lot, access to the lot is taken via a private driveway that traverses the front yard of the northerly neighbor's property. Due to the location of the property, along one of the City's extreme hairpin turns on Palos Verdes Drive East, the long driveway and lack of visibility of the property lends itself to the potential of unauthorized access(robbery and vandalism). Furthermore,the applicant has noted that they have witnessed a number of trespassers across their property since they purchased the property over a year ago. As the applicant is proposing to improve the residence with interior upgrades and additions, they also wish to improve security of the lot. Furthermore, the new swing gate would match the northerly neighbor's 6'-0" tall fence that is located along the private driveway. Additionally, the applicant is removing non-compliant fencing and replacing it with compliant fencings. However, the applicant does wish to install a 5'-0" tall, 5-rail fence near the southeast corner of the lot for a horse enclosure that is farthest away from all habitable spaces on neighboring properties.As the subject property exhibits an atypical lot configuration (pie-shaped) and is located near one of the City's extreme hairpin turns,there are extraordinary circumstances related to the location of the property, which do not apply generally to other properties within the same zoning district. Furthermore,the enclosure is in the same location as the equestrian enclosure that previously on the property before the property sold, with the exception that the current property owner is proposing to relocate the enclosure entirely on the subject property, as opposed to encroaching into the City's right-of- way on an extreme slope. Additionally, the request is reasonable due to the fact that they are not requesting that a fence which exceeds 42" be located across the entirety of the front property line, and as the applicant is not demolishing more than 50% of the residence, the location of equestrian use on their property, in relation to other residential properties, is limited to the southeast corner of their lot. Furthermore, the swing gate and 5-rail fence would not be easily visible from the P.C. Resolution No. 2015-06 Page 4 of 11 public right-of-way. B. The 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. Given the atypical shape of the lot and proximity of the lot to other properties, the most practical location to allow an equine enclosure is at the southeast portion of the property. This location is farthest from other residences and pushes the equine use near the roadway, which is commonly found throughout the City for properties located within an equestrian district. Furthermore, with the exception of the 6'-0"tall swing gate at the driveway entrance, which is similar in height to the northerly neighbor's front yard fence, the applicant is only proposing a 42" tall fence along the majority of the front property line. As also noted in the previous finding the Applicant has witnessed a number of trespassers who wish to uses the private driveway and subject property to turnaround and change directions on Palos Verdes Drive East. As the northerly neighbor's property is fenced with a 5'-0" to 6'-0" tall fence in their front yard, a majority of the trespassers tend to explore around the subject property. As the northerly neighboring property enjoys a sense of security with their 5'-0"to 6'-0"tall fencing that fully encloses their property beyond the private driveway, allowing a 6'- 0"tall swing gate would provide the applicant the security they desire. Additionally, allowing the 5'-0" tall, 5-rail fence would provide an equine enclosure that is compatible with the neighboring residential uses and is a right possessed by other residential properties within the City's equestrian districts. 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. The subject property is located at the top of an extreme slope that surrounds an extreme hairpin turn along Palos Verdes Drive East. Allowing the proposed 6'-0" swing gate or 5'-0"tall, 5-rail fence would negatively impact other residences. The proposed swing gate would only be visible by the northerly neighboring property who already utilizes a 6'-0" tall front yard fence enclosure, and the gate would not be visible from the public right-of-way.Additionally, the 5'-O"tall, 5-rail fence would only be located in a small portion of the southeast corner of the lot and would not be visible from neighboring properties. Although not likely, given that the 5-rail fence could potentially be visible from the public right-of-way, a condition of approval has been added to the project that requires the 5-rail fence to be brown or earth tone, to the satisfaction of the Director. Furthermore, allowing the 5'-rail fence near the southeast corner of the lot removes any potential negative impacts associated with equine use in proximity to other neighboring, habitable uses. D. Granting the Variance will not be contrary to the objectives of the General Plan or policies and requirements of the Coastal Specific Plan. The General Plan land use designation for the subject property is Residential 1-2 DU/acre. The development and improvement of single-family residences and related accessory structures, such P.C. Resolution No. 2015-06 Page 5 of 11 as the proposed swing gate and 5-rail fence, are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78),which calls upon the City to "[encourage]and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." Staff believes that the proposed project implements this policy. The property is not located within the City's coastal zone. Therefore, Staff believes that this finding can be made for the proposed project. Section 3: With regard to the Site Plan Review, the proposed additions less than 16'-0" in height, and accessory structures would comply with the required residential setback standards, lot coverage and the maximum allowable heights as presented in the Development Code for the RS-2 zone. Specifically, the proposed project will maintain the existing, conforming setbacks and the proposed lot coverage will not exceed the maximum allowable lot coverage in the RS-2 zone (40%). Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal the project 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 April 14, 2015, the date of the Planning Commission's final action. Section 5: 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 and Site Plan Review to allow the applicant to convert the existing 500 square foot garage into habitable space and to construct a new 1,007 square foot 3-car garage and workshop, and a new 703 square foot second story addition. In addition to the proposed additions and remodel, the Site Plan Review also approves other ancillary site improvements including, but not limited to, a new pool and spa, pool equipment, 200 square foot barn and sport court.Additionally,the City of Rancho Palos Verdes approves a Variance to allow a 6'-0"tall swing gate at the private driveway entrance and a 5'-0"tall, 5- fail fence for an equestrian enclosure within the required 20-foot front yard setback,subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2015-06 Page 6 of 11 PASSED, APPROVED, AND ADOPTED this 14th day of April 2015, by the following vote: AYES: '' Commissioners Cruikshank, Emenhiser, Gerstner, James, Leon, ' Vice Chairman Tomblin and Chairman Nelson NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: None 042140, Bob Nelson Chairman iith S42% Joel oj , ICP Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2015-06 Page 7 of �� EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2014-00331 (Lambert, 28191 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 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 P.C. Resolution No. 2015-06 Page 8 of 11 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 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, 9:00AM 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, subject to approval by the building official. P.C. Resolution No. 2015-06 Page 9 of 11 Project Specific Conditions 14. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (35.8% proposed). 15. The approved residence shall maintain setbacks of 20' front and 5' north and east side setback. BUILDING SETBACK CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 16. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 17. A minimum 2-car garage shall be maintained (3-car garage proposed), 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. 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. 20. 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. 21. 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. 22. This approval is for the conversion of the 500 square foot garage into habitable area and the construction of a 1,007 square foot garage and workshop.Additionally,the • project includes the construction of a 703 square foot, second story, recreation room. Ancillary site improvements include a new swimming pool and spa, mechanical equipment, 200 square foot barn and sport court. BUILDING AREA P.C. Resolution No. 2015-06 Page 10 of 11 CERTIFICATION REQUIRED for the residence and shall be provided by a licensed land surveyor or civil engineer prior to building permit final. 23. The maximum roof ridgeline of the approved project is 113.21'. 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, the lowest finished grade adjacent to the structure shall be certified showing the lowest finished grade at 136.74'. 24. This approval allows a 6'-0"tall swing gate at the private driveway entrance on the subject property. Additionally, this approval allows a 5'-0" tall, 5'-rail fence for a horse enclosure at the southeast corner of the lot, per the stamped APPROVED plans. All other fencing within the required 20-foot front yard setback shall not exceed 42" in height. 25. The 5'-0"tall, 5'-rail equestrian fencing shall be of a brown or earth tone color to the satisfaction of the Community Development Director. 26. This approval does not approve exterior lighting of the sport court. 27. Prior to final of the Building Permit, the applicant shall remove the existing 250 square foot barn and existing chain link fencing that is constructed in the City's public right-of-way. P.C. Resolution No. 2015-06 Page 11 of 11