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CC RES 2017-051 RESOLUTION NO. 2017-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MODIFYING THE PLANNING COMMISSION'S APPROVAL OF A HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE FAMILY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION OF A NEW 5,317 SQUARE FOOT, TWO-STORY RESIDENCE (GARAGE INCLUDED) WITH 376 CUBIC YARDS OF ASSOCIATED GRADING AT 30717 RUE LANGLOIS (CASE NO ZON2016-00162). WHEREAS, on April 14, 2016, the applicant submitted Height Variation, Grading Permit, and Site Plan Review applications requesting approval to demolish an existing single family residence to accommodate the construction of a new 6,042 square foot, two- story, residence with a basement and associated grading; and, WHEREAS, on May 2, 2016, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information; and, WHEREAS, the applicant submitted additional information on August 18, 2016, September 19, 2016, October 3, 2016, November 17, 2016, December 13, 2016, January 17, 2017, and February 8, 2017 for review; and, WHEREAS, on February 13, 2017, the application was deemed complete by Staff; and, WHEREAS, on March 28, 2017, the Planning Commission held a duly-noticed public hearing, considered public testimony and based on concerns related to neighborhood compatibility, scale, bulk and mass, structure height and privacy impacts, the Planning Commission directed the Applicant to revise the project plans and continued the public hearing to its May 9th meeting; and, WHEREAS, on May 9, 2017, the Planning Commission, after considering public testimony, approved a revised project on a vote of 3-1 with Commissioner Bradley dissenting and directed Staff to bring a Resolution reflecting the decision for adoption at the June 13, 2017, meeting; and, WHEREAS, on June 13, 2017, the Planning Commission adopted P.C. Resolution No. 2017-16, approving Height Variation, Grading Permit, and Site Plan Review to allow the demolition of an existing single family residence to accommodate the construction of a new 4,507 square foot, two-story residence (garage included), 424 square feet of balconies, and 106 cubic yards of grading; and, 01203.0005/398276.1 WHEREAS, on June 27, 2017, a timely appeal was filed by YanTien Wong (Appellant), the property owner of 30715 Rue Valois, raising concerns with neighborhood compatibility, view impairment, and privacy, light, and air impacts; and, WHEREAS, on July 7, 2017, Staff met with the Appellant, who narrowed the scope of the appeal to 1) Building Height, 2) Structure Size, and 3) the Three-Car Garage; and, WHEREAS, the applicant has agreed to the following design modifications to the project previously approved by the Planning Commission: 1. Building Height: The Planning Commission approved a total height of 23'- 8". Applicant has agreed to reduce the total height by one foot to 22'-8". 2. Structure Size: The Planning Commission approved a total structure size of 4,507 square feet, and approved a structure plan that did not include a basement. Applicant now wishes to add an 810 square foot basement, which will increase the overall structure size to 5,317 square feet. The basement will not be visible from neighboring properties or the public right- of-way. 3. Grading: The Planning Commission approved total grading of 106 cubic yards. To accommodate the addition of a basement, applicant is now requesting total grading of 376 cubic yards (cut). 4. Three-Car Garage: The Appellant has withdrawn her objection to the 3-car garage. WHEREAS, on July 13, 2017, a public notice was mailed to property owners within a 500-foot radius of the subject property and published in the Peninsula News, pursuant to the requirements of the Rancho Palos Verdes Municipal Code; and, WHEREAS, the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15303(a)(new construction) of the California Guidelines for Implementation of CEQA. Specifically, the project includes the demolition of an existing single family residence to construct a new single family residence on a residentially zoned lot; and, WHEREAS, on August 15, 2017, the City Council held a duly noticed public hearing to consider the merits of the appeal, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Resolution No. 2017-51 Page 2 of 7 Section 1: The application for a Height Variation allowing for a total height of 22'-8" is granted on the basis of the following findings, which are in accordance with Rancho Palos Verdes Municipal Code Section 17.02.040(C)(1)(e): A. The applicant has complied with the Early Neighbor Consultation process established by the City. More specifically, the applicant obtained 19 signatures out of the 60 property owners within 500 feet of the property (31.6%) and 7 signatures out of the 9 property owners within 100 feet of the property (77.7%), thus fulfilling the requirement of obtaining the signatures of at least 70% of the landowners within 100 feet and 25% of the total number of landowners within 500 feet of the project site. B. The proposed addition that is above 16 feet 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 a City-designated viewing area. Additionally, the subject property is not located within the City's Coastal Specific Plan. As such, the proposed structure will not significantly impair a view which has been defined in the City's General Plan, Coastal Specific Plan, or a public trail. C. The proposed structure is on a site that is not located on a ridge or prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The area of the proposed new structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of the Municipal Code, when considered exclusive of existing foliage, would not significantly impair a view from the viewing area of another parcel. More specifically, the views of Catalina Island and the Pacific Ocean are in the westerly direction. The residences located to the east on Rue Valois are located approximately 50' higher in elevation, the properties to the north and south are at similar elevations as the subject property, and the properties to the west are across the street (Palos Verdes Drive West) and are approximately 50' lower in elevation. Due to the topography, lot configuration and orientation of the second-story addition, no portion of the proposed residence over sixteen feet will affect views from the viewing area of neighboring properties. E. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment is 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. As discussed in Section D above, the proposed new structure would not cause significant view impairment. The construction of similar new structures on other parcels adjacent to the subject property— namely, 30703, 30709, 30723, and 30729 Rue Langlois—would not cause significant view impairment because the residences located to the east on Rue Valois are located Resolution No. 2017-51 Page 3 of 7 approximately 50' higher in elevation, the properties to the north and south are at similar elevations as the subject property, and the properties to the west are across the street (Palos Verdes Drive West) and are approximately 50' lower in elevation. F. The proposed structure complies with all other Code requirements, including the development standards and guidelines of the RS-4 zoning district, including but not limited to, lot coverage and setbacks. G. 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 homes in the immediate neighborhood range in size from 2,030 square feet to 5,465 square feet. The resulting structure size for the proposed project, at 5,317 square feet total (garage and basement included), will be within the range of the homes in the immediate neighborhood. This is because only 4,507 square feet of the structure is above grade while the 810-square-foot of basement will be below grade and not visible. Additionally, the proposed lot coverage and setbacks are consistent with those of the surrounding properties. The proposed project includes multiple breaks and articulation in the facade with the use of a mansard roof, a porch, and the materials to minimize possible bulk and mass impacts as seen from all vantage points. The architectural style of the proposed residence would maintain the architectural style found in the immediate neighborhood by utilizing stucco siding and tile roof materials, similar to the materials found in the immediate neighborhood. In terms of height, the proposed structure has been lowered to 22'-8", which is in line with the scale and height of other two-story structures within the immediate neighborhood. The proposed three-car garage appears like a typical 2-car garage from the street as the third parking space is tandem and not visible. Furthermore, 3-car garages are not uncommon in the City and there is already a residence with a 3-car garage at the end of the cul-de-sac at 31035 Rue Langlois. H. The proposed new structure that is above 16 feet in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed second story structure includes a second-story balcony along the rear facade of the residence that will allow a view of the rear yard areas of the abutting properties located at 30723 Rue Langlois and 30709 Rue Langlois. However, to mitigate any potential privacy impacts, the proposed balcony areas are set back from the rear façade of the residence and the sitting area of the balcony is placed in between the main structure of the second story, allowing minimal visibility onto the neighbors' properties to the north and south. Section 2: The application for a Grading Permit allowing for a 376 cubic yards of grading to accommodate the proposed residence is granted on the basis of the following findings, which are in accordance with Rancho Palos Verdes Municipal Code Section 17.76.040(E): Resolution No. 2017-51 Page 4 of 7 A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The proposed project is in a RS-4 Zoning District, in which the primary use of the lot is residential. The proposed 376 cubic yards of grading and associated retaining walls to accommodate the basement do not exceed that which is necessary for the permitted primary use of the lot. The grading primarily occurs underneath the proposed structure to accommodate the construction of the basement. The proposed grading would allow the applicant to reasonably help mitigate the impact of bulk and mass of the proposed structure by constructing a basement below grade reducing its visible appearance from the public right-of-way and surrounding properties. 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. The views of the Catalina Island and the Pacific Ocean are observed over the roof of the proposed residence in the westerly direction. The properties to the east of the subject property are elevated approximately 50'-0". Given the elevation difference, the views from the viewing areas of the westerly neighbors will not be impacted by the proposed project. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The proposed grading maintains a majority of the natural contours on the subject property. As most of the grading will be conducted underneath the residence, the visible finished contours surrounding the proposed residence will not be affected and will maintain the natural appearances of the land by means of minimal land sculpturing so as to blend any man-made or manufactured slope into natural topography. 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. Most of the proposed grading will be conducted underneath the residence, the visible finished contours surrounding the proposed residence will not be affected and will maintain the natural appearances of the land by means of minimal land sculpturing so as to blend any man-made or manufactured slope into natural topography. E. The grading and related construction is compatible with the immediate neighborhood character as discussed in Section 1G. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation as the proposed grading is not for a new residential tract. G. The grading conforms to the City's standards for grading on slopes, maximum finished slopes, maximum depth of cut and fill, and retaining wall heights. In addition, the grading conforms to the retaining wall standards that allow for retaining walls which are an integral part of a structure to exceed eight feet within Resolution No. 2017-51 Page 5 of 7 the building footprint. As such the four proposed retaining walls within and below the building footprint are an integral part of the proposed basement. Section 3: The Site Plan Review is approved for the proposed residence and accessory structures because they would comply with the required residential setback standards and lot coverage in the Municipal Code. Section 4: The Appellant submitted a letter on June 27, 2017, appealing the approval of the proposed Height Variation, Grading Permit, and Site Plan Review for the following reasons: 1) Building Height, 2) Structure Size, and 3) Three-Car Garage. The City Council finds that the Appellant's grounds for appeal are not warranted for the following reasons: A. The Applicant has reduced the structure's ridgeline by 1 foot, thereby reducing the overall height of the structure to 22'-8" to be in line with other two-story structures within the immediate neighborhood and to reduce the visibility of the structure from the Appellant's residence. B. The appeal expresses a concern that the Commission-approved residence at 4,507 square feet is out of scale and bulky/massive when compared to the majority of the residences within the immediate neighborhood. However, after further discussion, the Applicant and the Appellant have agreed to the proposed structure size, visible above ground, at 4,507 square feet because of the extensive articulation between the upper and lower floors. Additionally, the Applicant has reintroduced a basement at 810 square foot because the Appellant indicated she is not concerned with additional square footage below grade as it is not visible from neighboring properties or the public right-of-way. With the 810 square foot basement addition, the overall structure size increased to 5,317 square feet. Thus, the new structure size is compatible with the neighborhood as there is no change to the visible square footage of 4,507 square feet and that there is no change to the apparent bulk/mass. B. The Appellant claims that the Commission-approved 3-car garage adds to the overall bulk/mass and creates a precedent for 3-car garages in the neighborhood when most of the residences have 2-car garage. As proposed, the garage appears like a typical 2-car garage from the street as the third parking space is tandem and not visible. Three-car garages are not uncommon in the City and there is already a residence with a 3-car garage at the end of the cul-de-sac at 31035 Rue Langlois. However, unlike the proposed project, the 3-car garage at 31035 Rue Langlois is not tandem and therefore, visible and accessible from the street. Moreover, the Appellant has indicated that she is no longer concerned about the 3-car garage. 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 City Council of the City of Rancho Palos Verdes hereby modifies the Planning Commission's approval of a Height Variation, Grading Permit, and Site Plan, as stated herein, to allow for the Resolution No. 2017-51 Page 6 of 7 demolition of an existing single family residence to accommodate the construction of a new 5,317 square foot, two-story residence (garage included) with 376 cubic yards of associated grading at 30717 Rue Langlois, subject to the Conditions of Approval in the attached Exhibit "A". Section 6: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Section 7: The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation. PASSED, APPROVED, AND ADOPTED this 15th day of August 2017. Or,Aie .41 Ma •r ATTEST: �'y Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2017-51, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 15, 2017, 16.1.- City Clerk Resolution No. 2017-51 Page 7 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2016-00162 (HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW) 30717 RUE LANGLOIS 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 the written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. 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. 4. 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. 5. Pursuant to Section 17.78.040, the Director of Community Development 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. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. 6. The project development on the site shall conform to the specific standards 01203.0005/398276.1 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. 7. 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 or administrative citations as described in Section 1.16 of the City's Municipal Code. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 01203.0005/398276.1 Resolution No. 2017-51 Exhibit A Page 2 of 5 14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM 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 Municipal 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 7:00 AM Monday through Friday and before 9:00 AM 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. 15. 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 7' vertical clearance. 16. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Municipal 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. 17. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 18. Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works. 19. 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. 20. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's geologist prior to Building Permit issuance. 21. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Municipal Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 01203.0005/398276.1 Resolution No. 2017-51 Exhibit A Page 3 of 5 Project Specific Conditions: 22. This approval is for the following: A. Demolish an existing single-family residence. B. Construct a 5,317 square-foot, 2-story single-family residence, including a 711-square-foot 3-car garage and an 810-square-foot basement. C. Construct 424 square feet of balconies. D. Construct 594 square feet of first-floor covered patio area along the front and rear facades. E. Install a skylight on the west side of the highest roof ridge line. F. Change the current driveway configuration to a new direct access garage. G. Conduct 376 cubic yards of grading (cut), to accommodate the proposed improvements. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 23. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall the maximum height extend above a height of 22'-8" as measured from the lowest finished grade adjacent to the structure (elev. 296.25') to the highest proposed roof ridgeline (elev. 318.93'); and a height of 21'-3", as measured from the highest elevation of the existing grade covered by the structure (elev. 297.70') to the highest proposed roof ridgeline (elev. 318.93'). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection, based on the above mentioned instructions. 24. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 42.3% lot coverage. 25. The approved residence shall maintain setbacks of 21'-0" front, 65'-8" rear, 6'-8" north side and 6'-6" south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 26. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 27. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 28. Prior to issuance of any Grading or Building Permit, the applicant shall submit complete Landscape Plans to the Planning Division for review and approval by the 01203.0005/398276.1 Resolution No. 2017-51 Exhibit A Page 4 of 5 Community Development Director. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. Said plans may be required to comply with the State of California Water Efficient Landscape requirements. Newly planted trees shall not exceed 16' in height, or the highest roof ridgeline, whichever is lower. 29. The following minimum driveway widths and turning radii shall be provided for all driveways leading from the street of access to a garage or other parking area on a residential parcel: A. The driveway shall be a minimum width of ten feet. B. The driveway shall take into account the driveway standards required by the Department of Public Works for driveway entrances located in the public right-of-way. C. Portions of the driveway that is located adjacent to the side property line shall provide a minimum eighteen-inch-wide landscaped area between the side property line and the adjacent driveway, unless such buffer would reduce the minimum width of the driveway to less than ten feet, in which case the width of the landscape buffer may be narrowed or eliminated at the discretion of the Director. D. All driveways shall be built and maintained in accordance with the specifications of the Los Angeles County Fire Department. 30. The proposed A/C unit shall comply with the required side and/or rear setbacks. 31. The proposed NC unit shall be screened from view from adjacent public right-of- way with foliage or other appropriate screening. 01203.0005/398276.1 Resolution No. 2017-51 Exhibit A Page 5 of 5