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PC RES 2019-004 P.C. RESOLUTION NO. 2019-04 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 CONSTRUCTION OF A 1,599ft2 FIRST AND SECOND STORY ADDITION MEASURING 26'-0" IN HEIGHT AND A 157ft2 BALCONY TO AN EXISTING 5,136ft2 SINGLE-FAMILY RESIDENCE LOCATED AT 6106 VIA SUBIDA (CASE NO. PLHV2018-0013). WHEREAS, on November 8, 2018, the applicant submitted a Height Variation and Site Plan Review application requesting approval to construct a two-story addition to an existing two-story residence; WHEREAS, on December 4, 2018, the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on January 18, 2019, the application was deemed complete for processing, setting the action deadline to March 19, 2019 in accordance to the Permit Streamlining Act; WHEREAS, on January 24, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500' radius from the subject property, providing a 30-day time period for the submittal of comments. No public comments were received in response to the public notice; WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, the proposed project has been found to be categorically exempt under Section 15301(e)(additions) of the California Guidelines for Implementation of CEQA. Specifically, the project includes an addition to an existing structure that is less than 50% of the floor area before the addition; WHEREAS, the Planning Commission held a public hearing on February 26, 2019, 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 proposed project involves the construction of a 1,599ft2 of first and second story addition measuring 26'-0" in overall height and a 157ft2 of balcony to the south facade of the second story addition. P.C. Resolution No. 2019-04 Page 1 of 9 Section 2: The Planning Commission finds that the Height Variation for the construction of a 1,451ft2 addition measuring 26'-0" in height over the existing garage with a 157ft2 balcony is warranted because: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 16 (26.66%) landowner signatures within the 500' radius of which 8 (72.72%) are within the 100' radius. No local Homeowners' Association exists for this neighborhood. B. The proposed residence does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan. The site is not located near a turnout, park, thoroughfare, bikeway, or an equestrian trail. C. The proposed residence is not located on a ridge or promontory. D. The proposed addition over 16', when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The adjacent properties located south of the subject property have views oriented to the east and properties located southwest of the subject property is at an elevation that is approximately 76' higher than the project site and have views oriented to the north and east, that occurs laterally over the proposed addition. E. There is no significant cumulative view impairment caused by granting the Height Variation for the addition over 16' in height since other potential projects utilizing a similar design consisting of a residence that is primarily two-story with a second story addition over the garage would not impair views from neighboring properties because of similar topography and lot orientation. F. The proposed residence complies with all other Code requirements, including, but not limited to the minimum required setbacks, parking, and maximum allowed lot coverage for the RS-2 zoning district. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale, architectural style, lot coverage, and setbacks. The immediate neighborhood is comprised of diverse architectural styles and materials that accent the residences. The proposed addition consists of clay tile roof material, stucco walls, and a gable roof design similar to the existing residence and other residences in the neighborhood. The street facing facade will not be altered as a result of the proposed project. The addition takes place over the existing garage which is sited behind the existing residence away from the street of access. The addition will incorporate a roof feature between the second and first floors along the south facade and the proposed balcony along the north facade provides articulation and P.C. Resolution No. 2019-04 Page 2 of 9 softens the mass of the addition. These design elements help minimize apparent bulk and mass. The proposed design elements for the residence are commonly found in Mediterranean styles, similar to other neighboring homes, thereby resulting in a residence that is compatible with the characteristic of the existing neighborhood. H. The proposed addition and balcony are located along the northwest corner of the existing residence in an area of the lot that is not readily visible to other surrounding properties. The abutting property to the north has a driveway that separates the subject property from the homes to the north which are approximately 45' lower in elevation that the subject property. These properties are screened from the proposed addition and balcony by mature foliage along the slope that limits views of their yard. Thus, no additional privacy infringement than what currently exists will result from the proposed balcony. The neighboring property to the south is approximately 5' above the pad level of the subject property and there will be no increase to privacy impacts. Section 3: The Planning Commission finds that the Site Plan Review for the proposed 148ft2 addition to first floor consisting of the stair vestibule and the elevator comply with all applicable Code requirements, including but not limited to minimum required setbacks, heights, parking, and maximum allowed lot coverage for the RS-2 zoning district. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, March 13, 2019. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Wednesday, March 13, 2019. 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 adopts P.C. Resolution No. 2019- 04, approving a Height Variation and Site Plan Review to allow the construction of 1,599ft2 first and second story addition measuring 26'-0" in height and a 157ft2 balcony to an existing 5,136ft2 single-family residence, subject to the Conditions of Approval contained in the attached Exhibit "A." P.C. Resolution No. 2019-04 Page 3 of 9 PASSED, APPROVED AND ADOPTED this 26th day of February 2019, by the following vote: AYES: COMMISSIONERS LEON, SAADATNEJADI, SANTAROSA, NELSON, PERESTAM, VICE-CHAIRMAN BRADLEY, AND CHAIRMAN JAMES NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE William J. Ja es Chairman Ara Mihra Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-04 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2018-0013 (HEIGHT VARIATION AND SITE PLAN REVIEW) 6106 VIA SUBIDA 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 Exhibit "A". Failure to provide said written statement within 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 of the Rancho Palos Verdes Municipal Code, the Director of Community Development shall be 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. P.C. Resolution No. 2019-04 Page 5 of 9 6. 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. 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 Rancho Palos Verdes Municipal Code or administrative citations as described in Section 1.16 of the Rancho Palos Verdes 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 Rancho Palos Verdes Municipal Code within one year of the final effective date of this decision, 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 decision. 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. 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 P.C. Resolution No. 2019-04 Page 6 of 9 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. 14. 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 Rancho Palos Verdes 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. 15. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 16. The Applicant shall remove the project silhouette within seven (7) days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions 17. This approval shall allow for the following: • Construction of a 1,599ft2 addition consisting of a 148ft2 to the first floor (includes elevator) and 1,451ft2 to the second floor resulting in a total structure size of 6,735ft2; • Construction of a 157ft2 balcony to the south facade of the second story addition; and, • Construction of an elevator connecting the garage to the proposed second floor addition. 18. The height of the approved addition shall be as depicted on the stamped approved plans and in no case shall the maximum height exceed 24'-0" in height, as measured from the highest elevation of the existing grade covered by the structure (elev. 946') to the highest existing roof ridgeline (elev. 970'); and 26'-0", as measured from the lowest finished grade adjacent to the structure (elev. 944') to the highest roof ridgeline (elev. 970'). 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. 19. The approved residence shall maintain a 172'-Y2" front yard setback, a 14'-7" north P.C. Resolution No. 2019-04 Page 7 of 9 side yard setback, 44'-6" south side yard setback and a 32'-7 1/2" rear yard setback. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 20. Unless modified by the approval of future planning applications, the approved project within the RS-2 zoning district shall maintain a maximum of 34.48% lot coverage (40% maximum allowed). 21. A minimum of 3 enclosed parking spaces shall be provided and maintained as a garage, and a minimum of 3 unenclosed parking spaces shall be provided and maintained as a driveway. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width and 20' in depth, with a minimum 7' vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth. 22. Any outdoor furnishings, accessories or plants located on the balcony shall not exceed a height of 8'-0" feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 23. Any outdoor furnishings, accessories or plants located on the balcony which exceed the height limits established in RPVMC Section 17.02.040, shall not significantly impair a view from surrounding properties. 24. 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. 25. Exterior residential lighting shall comply with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded. 26. PRIOR TO ANY GRADING AND/OR BUILDING PERMIT ISSUANCE, the Applicant shall record a covenant agreeing to construct the project strictly as an addition, and agreeing not to convert the structure into a second unit/accessory dwelling unit with a kitchen without first obtaining approvals from the Director pursuant to Section 17.10 of the Rancho Palos Verdes Municipal Code. P.C. Resolution No. 2019-04 Page 8 of 9 27. PRIOR TO ANY GRADING AND/OR BUILDING PERMIT ISSUANCE, the property owner shall crown reduce the Eucalyptus tree located in the southwest corner of the property by 15' from the top. The owner of the property shall be responsible for maintaining all foliage on the property, which exceed 16' in height, as measured from the base or the lowest adjacent ridge line of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. P.C. Resolution No. 2019-04 Page 9 of 9