Loading...
PC RES 2023-011 P.C. RESOLUTION NO. 2023-11 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 THREE-STORY 2,789 FT2 SINGLE FAMILY RESIDENCE AND A 994 FT2 GARAGE (3,783 FT2 TOTAL STRUCTURE SIZE) WITH ANCILLARY IMPROVEMENTS AT 3261 CROWNVIEW DRIVE (CASE NO. PLSR2021-0084). WHEREAS, on March 1, 2021, Mr. Pablo Galin, on behalf of property owner Samuel p Iskander (collectively, "Applicant"), submitted a Height Variation Permit and Site Plan Review applications, requesting approval to construct a new three-story residence and garage with ancillary site improvements at 3261 Crownview Drive; and WHEREAS, on September 15, 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 June 19, 2023, staff deemed the application complete for processing, setting the action deadline to August 18, 2023; and WHEREAS, on June 19, 2023, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from theJro'ect p site, providing a 30-day time period for the submittal of 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 City's., the Ci 's Local CEQA Guidelines, the proposed project has been found to be categorically exempt under Section p 15303(a)(New Construction) of the CEQA Guidelines. More projspecifically, ect p the 'ect is a new single-family residence; and WHEREAS, the Planning Commission held a public hearing on July 25, 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 above recitals are true and correct, and are incorporated herein by reference. p Section 2: The proposed project involves the construction of a new three-story 2,789 2 2 2 89 ft single family residence and a 994 ft garage (3,783 fttotal structure size) with ancillary improvements. P.0 Resolution No. 2023-11 Page 1 of 10 Section 3: The Planning Commission finds that the Height Variation Permit for the construction of a 3,783 ft2 three-story residence, which exceeds the 16 foot/20 foot 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 26 signatures (61.9%) from properties within 500 feet of the project site. B. The approved new 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, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. The residence will be located are located on the west side of Crownview Drive, and there are no public viewing areas or viewing sites in the immediate vicinity that look over the project site and the property is not located within the City's Coastal Zone or any other City specific plan. C. The project site is not located on a ridge or promontory. Although the project site is located on the west side of Crownview Drive on the border of the sloping Miraleste p g Hills neighborhood, it is not located on an elongated crest, nor does it overlook a body of water. Furthermore, there are other 2-story homes in this same area, including the properties at 3352 Crownview Drive and 3268 Crownview Drive, which were approved by the City through earlier Height Variation Permit applications, and were also not found to be located on a ridge of promontory. D. The portion of the new residence 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. Based on site visits to the area and aerial imagery, the views in the vicinity are observed in the northerly, westerly, and easterly directions and consist of city lights, harbor, and ocean views. The properties to the north of the project site have no views in the direction of the project site, and observe their view to the north, east, and west, opposite from the location of the project site. The properties to the east of the project site, across Crownview Drive, including those at 3266 and 3276 Crownview Drive, observe views to the east and have no views over or in the direction of the project site. Views from the properties located to the south and the west of the project site are observed in northerly, easterly and westerly directions, some over the project site. However, due to the topographic conditions in the area, the approved residence will not result in significant view impairments as it will only extend minimally into the lower periphery of the protected view frames, if at all. E. The portion of the new structure over 16 feet in height is designed and situated in such a manner as to reasonably minimize the impairment of views taken from neighboring properties. Specifically, the roved residence has been designed to Y pp g be notched into the hill by utilizing the existing building pads, thereby minimizing the height of the structure. P C. Resolution No. 2023-11 Page 2 of 10 F. There is no significant cumulative view impairment by portions of the structure which exceed 16 feet in height caused by granting the Height Variation, as there is an approximately 34-38-foot difference in elevation between the highest building pad of the project site and the pad levels of the properties at 3281 and 3285 Crownview Drive to the south of the project site. If similar projects (three-story homes created by notching the residence and garage into a slope) were to be constructed on adjacent properties, they would possibly extend into the lower periphery of the view frames of these upslope properties, but would not cause a significant view impairment, as the total amount of view impacted would be minimal as compared with the entire view frame. G. The structure complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, and parking. H. The residence is compatible with the character of the immediate neighborhood in terms of the square footage, scale, architectural style, and setbacks. The 3,783 ft2 residence will be smaller than the 4,106 ft2 average residence size and the largest 8 homes in the immediate neighborhood of 20 properties. The residences within the immediate area vary in architectural style, exhibiting elements of California Ranch, Contemporary, Spanish, and Mediterranean designs using a variety of materials that accent the residences and incorporate various design elements and façade treatments including stucco, stone, and wood sidings with a mix of flat, gable, and hip roof designs in shingle, tile, and typical flat roof materials such as a torchdown roof. As designed, the residence incorporates similar design features found within the surrounding homes as it includes stucco walls with a low-pitched roof and wood accents. In addition, the appearance of bulk and mass of the residence will be minimized by the stepping of the residence and garage down the slope with the existing terraced building pads, and the various façade setbacks and roof decks and balconies will provide articulation. Over half of the homes in the immediate neighborhood consist of two-story homes with some also having additional subterranean and/or partially exposed basement levels so as to have the appearance of a three-story structure. The residence will provide adequate light and air between properties by complying with the required setbacks. I. The portion of 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. There is only one small bathroom window on the south (rear) façade which will primarily view the slope between the project site and the upslope properties to the south at 3281 and 3285 Crownview Drive. The second and third floor windows on the east façade face the driveway and front yard of 3266 Crownview Drive, as well as the public right of way of Crownview Drive, where there is no expectation of privacy. The second and third floor windows on the north façade face the downslope property at 3249 Crownview Drive but mostly the roof of the downslope property will be visible from these window locations, and the outdoor living areas of the structure appear to be screened by existing foliage that is not proposed to be removed. Additionally, the downslope property is already visible from the driveway elevation of the project site. The second and third floor windows on the west façade face the P C. Resolution No. 2023-11 Page 3 of 10 properties across Miraleste Canyon, which are over 300 feet away from thero _osed p p residence, making any unreasonable invasion of privacy unlikely, as it will be difficult to see the property from that distance. These properties are also already visible from the existing driveway of the project site as well. Section 4: The Planning Commission finds that approval of the Site Plan Review for the balconies and roof decks is warranted, as the improvements comply I with all applicable Code requirements, including, but not limited to minimum required setbacks, height, and qg , maximum allowable lot coverage. Section 5: As designed, the proposed balconies and roof decks will not create privacy impacts. More specifically, the proposed balconies and roof decks will observe the same views as the second and third story windows described in Height Variation Finding No. I above, and per those statements, will not create an unreasonable infringement of privacy. Section 6: 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 eal letter must be filed within 15 calendar days of the date of this decision, or b 5:30p.m. on Thursday, August 10, 2023. A $3,100 appeal fee must accompany any appeal eal letter. If no appeal is pp filed timely, the Planning Commission's decision will be final at 5:30 .m. on Thursday, y, August 10, 2023. Section 7: 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 8: 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- 11, approving a Height Variation Permit and Site Plan Review for the construction of a new three-story 2,789 ft2 single family residence and a 994 ft2 (3,783 garsga ft2 total structure size) with ancillary improvements at 3261 Crownview Drive, subject to the Conditions of Approval contained in the attached Exhibit "A". P C Resolution No 2023-11 Page 4 of 10 PASSED, APPROVED AND ADOPTED this 25th day of July, 2023, by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI, VICE-CHAIR SANTAROSA AND CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE I, ,, , , _ ____ „,,,,,, ,,,,Q,„,„ David Chura (i. Chair Vt/(,,,---- Octavio Silva Interim Director of Community Development; and, Secretary of the Planning Commission P C Resolution No. 2023-11 Page 5 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLSR2021-0084 (HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW) 3261 CROWNVIEW DRIVE General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant 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, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works. 4. Approval l of this pp permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or anyFederal, State, Countyand/or Citylaws 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. 2023-11 Page 6 of 10 i 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 administrative citations as described in RPVMC Chapter 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 resemblingtrash and debris in excess e cess 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. 14. Construction projects that are accessible from a street right-of-way or an abutting P C. Resolution No. 2023-11 Page 7 of 10 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 7 days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions: 1. This approval shall allow for the following: a. Construction of a 2,789 ft2 three-story residence with a 994 ft2 four-car garage resulting in a total structure size of 3,783 ft2 (garage included); b. Construction of ancillary improvements including access stairs, a 476 ft2 patio cover on the third story and 689.5 ft2 total of balcony/roof deck areas that include a 117 ft2 roof deck on the second story, and 572.5 ft2 total of balcony and roof deck areas on the third story. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 2. The height of the approved structure shall be as depicted on the stamped APPROVED plans and in no case shall the maximum height exceed 26 feet, as measured from the lowest finished grade covered by structure (elev. 117.00 feet) to the highest roof P.0 Resolution No. 2023-11 Page 8 of 10 ridgeline (elev. 143.00 feet); and a height of 7.76 feet as measured from the highest elevation of the existing grade covered by the structure (135.24 feet) to the highest roof ridgeline (elev. 143.00 feet). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 3. The proposed residence and attached garage shall maintain setbacks as follows: Front (east) 37.08 feet Interior Side (north) 46.25 feet Interior Side (south) 7.66 feet Rear (west) 75.63 feet BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 4. Roof eaves shall not project into the required setback more than 6 inches for each foot of the required setback, provided that there are no vertical supports within the required setback areas. 5. Unless modified by the approval of future planning applications, the approved project . shall maintain the maximum allowed lot coverage of 40% (29% currently proposed). 6. Driveways, paved walkways and parking areas shall not cover more than 50% of the required 20-foot front setback area. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. g 7. The project site shall maintain a minimum of two-enclosed parking spaces and two unenclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by depth. feet in de th. 8. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 9. The color of the material used for the roof shall not be white and shall be compatible with the color scheme of the residence as shown on theapproved plans, and as deemed acceptable by the Director of Community Development. 10 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 ge is lower, as measured from the finished floorf o the deck. 11. Any outdoor furnishings, accessories or plants located on the balcony and roof deck P C Resolution No 2023-11 Page 9 of 10 which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. 12. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. 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 g g under canopies or on the building shall be covered with diffusing lenses and shielded. 13. 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. 14. The maintenance or operation of mechanical equipment, including but not limited to AC units or pool filters, generating noise levels in excess of 65 dBA as measured from the closest property line shall constitute a public nuisance in accordance to Chapter 8.24 of the RPVMC. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE 15. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 16. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage g plan shall be reviewed and approved by the Public Works Department. 17. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth hauling permit shall be approved by the Public Works Department. 18. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, connection to the sewer system shall be approved by the County of Los Angeles. P C. Resolution No. 2023-11 Page 10 of 10