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PC RES 2023-001 P.C. RESOLUTION NO. 2023-01 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 NEW 1,071 FT2 ADDITION, RESULTING IN A TWO-STORY RESIDENCE WITH A TOTAL STRUCTURE SIZE OF 5,373 FT', MEASURING UP TO 23.59 FEET IN HEIGHT AND ANCILLARY SITE IMPROVEMENTS AT 36 SANTA BARBARA DRIVE (CASE NO. PLSR2021-0091). WHEREAS, on March 18, 2021, Jung Min Kim, on behalf of property p Y owner, Trugem Llc (collectively, "Applicant"), submitted Height Variation Permit and Site Plan Review applications, requesting to construct a 1,071 ft2 addition to an existingtwo-story - rY residence measuring 23.59 feet in height with ancillary site improvements, located at 36 Santa Barbara Drive, in the City of Rancho Palos Verdes; and WHEREAS, on April 15, 2021, staff completed an initial review of thea application, at pp 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 November 11, 2022, staff deemed the application complete for processing, setting the action deadline to January 10, 2023; and WHEREAS, on November 17, 2022, a public notice was published in the Palos Verdes Peninsula News 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 p 15303(New Construction) of the California Guidelines for Implementation of CEQA. Specifically, the project involves the demolition of more than 50% (72% ro osed of an . proposed)) existing single-family residence to accommodate the construction of a larger single-family g g Y residence in the RS-2 zoning district, which is a residential zone; and WHEREAS, the Planning Commission held a public hearing on January 10, 2023, at which time all interested parties were given an opportunity to be heard andp resent evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed project involves the construction of a 1,071 ft2 addition to an existing two-story residence measuring 23.59 feet in height with ancillary site P.C. Resolution No. 2023-01 Page 1 of 9 improvements, including the demolition of an existing 173 ft2 deck to accommodate a new 734 ft2 deck with an overall height of 4.92 feet and hardscape improvements in the rear yard of the project site along with a new 27 ft2 roof deck at the northwest corner of the front façade of the project residence. Section 2: The Planning Commission finds that the Height Variation Permit for the construction of a new 1,071 ft2 addition to an existing 4,302 ft2 two-story residence, resulting in a 5,373 ft2 (garage included) residence, which exceeds the 16 feet/20 feet "by- right" building height envelope is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 9 signatures (70%) from properties within 100 ft and 41 signatures (59%) from properties within 500 ft of the project site, in which the Island View Homeowners Association reviewed and approved the proposed project. 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 viewing points or viewing sites in close proximity to the project site. In addition, 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 the 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. Specifically, any protected views of the residences to the north of the project site will be impaired by the "by-right" 16 foot/20 foot building height envelope or the existing two-story residence of the project site, and properties to the south of the project site will not be impacted as they are located on building pads that are approximately 20 feet lower than that of the project site. In addition, the abutting residences on each side of the project site are sited parallel to the project site residence, and therefore, do not have a view in the direction of, or over the project site. E. There is no significant cumulative view impairment caused by granting the Height Variation Permit due to the topography and physical development of the area, in which adjacent parcels (34 Santa Barbara Drive and 38 Santa Barbara Drive) to the project site are currently developed with two-story residences. P.C. Resolution No. 2023-01 Page 2 of 9 F. The proposed structure complies with all other Code requirements, including, but not limited to minimum required setbacks, maximum allowed lot coverage, parking, and building height. G. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The structure size of the proposed project (5,373 ft2) will be the second largest in the immediate area where the residences range in total structure size between 3,226 ft2 and 7,026 ft2 with an average of 4,358 ft2. The majority of the existing neighborhood hborhood is comprised of various design elements and façade treatments that accent the residences. As designed, the architectural style of the proposed project will incorporate smooth stucco façade treatments with stone accents and tile roofs that replicate design elements found in other homes in the immediate area. The appearance of bulk and mass of the proposed project will be minimized with various articulations along the façades with the use of material accents, varied roof ridgelines, and a new roof deck along the northwest corner of the front façade of the project residence. Most of the other 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 by meeting or exceeding the required RS-2 zoning district setbacks. H. The proposed project 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 proposed roof deck will directly face a public street (i.e., Santa Barbara Drive) and the front yard of the closest properties from the project site where there is no expectation of privacy. In addition, the existing two-story residence is currently improved with second-story windows that observe views in the same general direction as the proposed second-story windows, and therefore, no new or additional privacy impacts will be created. Section 3: The Planning Commission finds that the Site Plan Review for the proposed ancillary site improvements, which include the demolition of an existing 173 ft2 deck to accommodate a new 734 ft2 deck with an overall height of 4.92 feet and hardscape improvements in the rear yard along with a new 27 ft2 roof deck at the northwest corner of the front façade of the project residence and an interior elevator are warranted as the improvements comply with all applicable Code requirements. 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, January 26, 2023. 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, January 26, 2023. P.C. Resolution No. 2023-01 Page 3 of 9 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. Section 6: For the foregoing reasons and based on the information and findings g included in the Staff Report, Minutes and other records of proceedings, the Planning g Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2023- 01, approving the Height Variation Permit and Site Plan Review for the construction of a new 1,071 ft2 addition, resulting in a two-story residence with a total structure size of 5,373 ft2, measuring up to 23.59 feet in height and ancillary site improvements, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 10th day of January 2023 by the following vote: AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI, SANTAROSA AND VICE-CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE David Chura Vice Chair Octavio Silva Interim Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2023-01 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLSR2021-0091 (HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW) 36 SANTA BARBARA 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 followingthe 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 Y 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, the Director of Community Development ment 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.C. Resolution No. 2023-01 Page 5of9 6. The project development on the site shall conform to the specific standards ds 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 pp may be cause to revoke the approval of the project pursuant to the revocationp rocedures 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 buildingpermit 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, is p ation, a written request for extension filed with the CommunityDevelopment p 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 bythe 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 thea approval of such illegal pp g 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 privatero erties and streets shall p p 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, arba e, lumber, scrap g 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 p rY bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surroundingproperty p p Y owners, to the satisfaction of the City's Building Official. P.C. Resolution No. 2023-01 Page 6 of 9 14. Construction projects that are accessible from a street right-of-way or an abutting . g Y 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 ry construction fencing shall not be erected sooner than 15 prior s 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 notark p , queue and/or idle at the project site or in the adjoining street rights-of-waybefore 7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance Y 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, g g p p , 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 pp p Y effective dust control techniques, either through screening and/or watering. g 18. The Applicant shall remove the project silhouette within 7 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. Demolish 72% of the existing 4,302 ft2 two-story residence to accommodate the construction of a new 1,071 ft2 addition, consistingof 216 ft2 to the first floor and 855 ft2 to the second floor, resultingin a total structure size of 5,373 ft2; and, B. Construct ancillary site improvements including the demolition of an existing 173 ft2 deck to accommodate a new 734 ft2 deck with an overall height of 4.92 feet and hardscape improvements in the rearand alongwith Y a new 27 ft2 roof deck at the northwest corner of the front façade of the project residence and an interior elevator. P.C. Resolution No. 2023-01 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 p p APPROVED plans and in no case shall the height of the residence extend above a height of 19.67 feet, as measured from highest elevation of the existing grade covered by the structure (elev. g 1,190.00 ft) to the highest roof ridgeline (elev. 1,209.67 feet); and an overall height of 23.59 feet, as measured from lowest finished grade adjacent to the structure (elev. 1,186.08 ft) to the highest roof ridgeline (elev. 1,209.67 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 28.08 feet front, 19.17 feet east side, 7.67 feet west side, and a 29.75 feet 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 planningapplications, the roved pp � pp project within the RS-2 zoning district shall maintain a maximum of 40% 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 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 deck. 25. Any outdoor furnishings, accessories or plants located on the roof deck which exceed the height limits established in RPVMC §17.02.040, shall not significantly g Y impair a view from surrounding properties. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 26. All applicable soils/geotechnical reports, if required by the Buildingand Safety Division, shall be approved by the City's Geologist. 27. A drainage plan shall be reviewed and approved by the Public Works Department. P.C. Resolution No. 2023-01 Page 8of9 28. Based on a foliage analysis conducted on April 16, 2021, the following foliage shall be trimmed or removed in order to protect the view from surrounding viewing areas: Crown raising if staff can determine it can be achieved without causing a view impairment; otherwise, crown reduction 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, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. PRIOR TO CERTIFICATE OF OCCUPANCY 29. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to the Planning Division for review and approval by the Director of Community Development. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. The landscape plans may be required to comply with the State of California Water Efficient Landscape requirements, as determined by the City's Landscape Architect. Upon completion of the installation of the landscaped areas or altered landscaped area subject to RPVMC §15.34.100, the project Applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. 30. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to Certificate of Occupancy. 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