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PC RES 2021-016 P.C. RESOLUTION NO. 2021-16 A RESOLUTION 'OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 522 FT' ADDITION TO AN EXISTING TWO-STORY RESIDENCE MEASURING 23.20 FEET IN HEIGHT AND ANCILLARY SITE IMPROVEMENTS AT 29826 KNOLL VIEW DRIVE (CASE NO. PLHV2020-0008). WHEREAS, on December 2, 2020, Buscemi Construction, on behalf of property owner David Chiang (collectively, "Applicant") submitted Height Variation Permit and Site Plan Review applications, requesting approval to construct additions to an existing two- story residence with ancillary site improvements located at 29826 Knoll View Drive, in the City of Rancho Palos Verdes; and WHEREAS, on February 10, 2021, staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on August 27, 2021, staff deemed the application complete for processing, setting the action deadline to October 26, 2021; and WHEREAS, on August 28, 2021, a public notice was published in the Daily Breeze and mailed to all property owners within a 500-foot radius from the project site, providing a 30-day time period to submit comments; and 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 15303(e)(Existing Facilities) of the CEQA Guidelines. More specifically, the project includes an addition to an existing structure that is less than 10,000 ft2; is located where existing public services and facilities are available; and is not in an environmentally sensitive area; and WHEREAS, the Planning Commission held a public hearing on September 28, 2021, 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 FOLLOWS4 Section 1: The proposed project involves the construction of a 522 ft2 second- story addition to an existing 4,085 ft2 two-story residence, resulting in_a new total structure P C Resolution No 2021-16 Page 1 of 9 size of 4,607 ft2 (garage included), and construction of ancillary site improvements including a 104 ft2 balcony and 462 ft2 roof deck along the rear façade of the residence, new tankless water heater within the garage, and removal of two skylights and the addition of three new skylights. Section 2: The Planning Commission finds that the Height Variation Permit for the construction of a 522 ft2 second-story addition to an existing two-story residence which exceeds the 16 feet/20 feet by-right height limit is warranted based on the following findings- A The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining seven signatures (78%) from properties within 100 feet and 19 signatures (31%) from properties within 500 feet of the project site, where there is no active local Homeowners' Association existing in the neighborhood. B The proposed project 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, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. There are no public viewing areas or viewing sites in the immediate vicinity that looks over the project site and the property is not located within the City's Coastal Zone or any other City specific plan. C The proposed project is not located on a ridge or promontory, nor located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides D. The area of a proposed addition to an existing structure that is above 16 feet in height, as defined in Section 17 02.040(B) of the Municipal Code, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The residences located in the vicinity observe views oriented in the easterly direction, which consist of city lights and the harbor The residences to the north and south are built parallel to the project site with no views in the direction of, or over the project site. In addition, the residences to the east or west of the project site are situated on pad elevations that are at least 25 feet higher or lower than the project site, and therefore, the proposed project will not result in significant impacts to views. E There is no significant cumulative view impairment caused by granting the Height Variation Permit since the adjacent properties surrounding the project site are either already improved with two-story residences, or there are steep transitional slopes between properties overlooking each other with their pad elevation differences ranging from 20 to 50 feet. P C Resolution No 2021-16 Page 2 of 9 . F The proposed structure complies with all other Code requirements, including, but not limited to setbacks, parking, maximum allowable lot coverage, and building height. G The proposed residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The majority of the existing neighborhood is comprised primarily of California Ranch style homes that incorporate various design elements and façade treatments including stucco, stone, and wood sidings with a mix of gable and hip roof designs in shingle and tile As designed, the proposed residence will be similar to other residences found within the surrounding neighborhood and replicate the architectural style of the existing residence. The appearance of bulk and mass of the proposed residence will be minimized as the proposed additions are dispersed throughout the second floor and includes creating undulated setbacks, a balcony, and roof deck to serve as visual breaks. Furthermore, half of the homes in the immediate neighborhood are two-story residences with similar building heights, and the proposed residence will continue to provide adequate light and air between properties. H The proposed addition to an existing structure that is above 16 feet in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Specifically, the second story windows will be facing the street or the shared driveway access with the adjacent property to the, south. In addition, the proposed balcony and roof deck will not create additional privacy impacts as any views of the abutting neighbors are already visible from the existing two-story residence. Section 3: The Planning Commission finds that the Site Plan Review for the proposed ancillary site improvements, which include a 104 ft2 balcony and 462 ft2 roof deck alongthe rear façade of the residence, and removal of two skylights and the addition � of three new skylights are warranted as the improvements comply with all applicable code requirements 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 Thursday, October 14, 2021. A $3,100.00 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 Thursday, October 14, 2021. Section 5: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and §17 86.100(B) of the RPVMC. P.0 Resolution No. 2021-16 Page 3 of 9 Section 6: 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. 2021- 16, approving the Height Variation Permit and Site Plan Review for the construction of a 522 ft2 addition to an existing two-story residence measuring 23.20 feet in height and ancillary site improvements, subject to the Conditions of Approval contained in the attached Exhibit "A" PASSED, APPROVED AND ADOPTED this 28th day of September 2021 by the following vote: AYES COMMISSIONERS CHURA, JAMES, SAADATNEJADI, SANTAROSA, VICE- CHAIR HAMILL, AND CHAIR PERESTAM NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT. COMMISSIONER LEON /// Stephen Perestam Chair , Ken Rukavina, PE Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No 2021-16 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2020-0008 (HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW) 29826 KNOLL VIEW DRIVE General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or 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 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, dum p sters, temporary yimprovements 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 (RPVMC) shall apply. 5 Pursuant to RPVMC §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: - - P.0 Resolution No 2021-16 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 RPVMC, 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 RPVMC §17.86.060, or may be cause of the issuance of administrative citations as described in RPVMC Ch. 1.16. 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 RPVMC §17.86.070 within one year of the final effective date of this Notice of 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 approval. 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 P C Resolution No 2021-16 Page 6 of 9 placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14 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 shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). 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 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 RPVMC §17.96.920. 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. 16. Exterior residential lighting shall comply with the standards of RPVMC §17.56 030 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. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 18 The Applicant shall remove the project silhouette within seven days after a final decision has been rendered and the City's appeal process has been exhausted Project Specific Conditions 19. This approval shall allow for the following: A. Construction of a 522 ft2 second-story addition to an existing 4,085 ft2 two-story residence, resulting in a new total structure size of 4,607 ft2 (garage included); and, B. Construction of ancillary site improvements including a 104 ft2 balcony and 462 ft2 roof deck along the rear façade of the residence, and removal of two skylights and the addition of three new skylights. P C Resolution No 2021-16 Page 7 of 9 BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 20. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall the height of the residence extend above a height of 22.35 feet, as measured from the highest elevation of the existing grade covered by the structure (elev. 92.25 feet) to the highest roof ridgeline (elev. 114.60 feet); and an overall height of 23.20 feet, as measured from lowest finished grade adjacent to the structure (elev. 91.40 feet) to the highest roof ridgeline (elev. 114.60 feet). 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 21 The proposed residence shall maintain setbacks of 32 feet front, 22 feet-7 inch north side, 25 feet-3 inch south side, and a 44 feet-6 inch rear. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 22. Unless modified by the approval of future planning applications, the approved project within the RS-2 zoning district shall maintain a maximum of 31.5% lot coverage. 23 All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 24 Any outdoor furnishings, accessories or plants located on the balcony and roof deck shall not exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the balcony or roof deck. 25 Any outdoor furnishings, accessories or plants located on the balcony and roof deck which exceed the height limits established in RPVMC §17 02.040, shall not significantly impair a view from surrounding properties. 26 Based on a foliage analysis conducted on February 11, 2021, the following foliage shall be trimmed or removed PRIOR TO BUILDING PERMIT ISSUANCE or NOVEMBER 30, 2021, whichever occurs first, in order to protect the view from surrounding viewing areas: • Crown reduce all foliage on the property down to the lowest adjacent ridgeline of the primary structure. The owner of the property is responsible for maintaining, in perpetuity, all foliage on the property, which exceeds 16 feet in height, as measured from the base of the -tree or-which -exceeds the- lowest-adjacent—ridge -line -of the -primary—structure; P C Resolution No 2021-16 Page 8 of 9 P.C. Resolution No. 2021-16 Page 9 of 9 whichever is lower, so as not to significantly impair t he view from surrounding viewing areas. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 27.All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City’s Geologist. 28.A drainage plan shall be reviewed and approved by the Public Works Department.